Vermont Enhances Whistleblower Protections

Author: Marta Moakley, XpertHR Legal Editor

May 16, 2014

Vermont whistleblowers will enjoy enhanced protections under a new law signed by Governor Peter Shumlin on May 14. Effective July 1, 2014, a public employee whistleblower will have additional protections to ensure confidentiality of reports and to maintain his or her anonymity.

Vermont already has whistleblower protections for public employees in place. However, there were concerns within the state government that its employees may be at risk of retaliation due to the possibility of their names being disclosed after reporting suspected fraud or waste.

Like many other states, Vermont has in place a public records act specifying which government documents are subject to disclosure and when the records would be available to the public. There are limited privacy exemptions to these laws. Under current law, State Auditor Doug Hoffer (who requested the amendment) is compelled to release the identity of a whistleblower if asked.

The new law creates an additional exemption to the Public Records Act's Section 317(c). Although most public records acts (often called "sunshine laws") value transparency in the administration of government, in the case of a whistleblower with a substantiated report, that transparency could affect the efficiency and integrity of government. Because an employee has no reasonable expectation of confidentiality and, therefore, may be subject to possible retaliation, the Vermont Public Records Act may have a chilling effect on those who would report governmental waste.

Governor Shumlin encouraged whistleblowing by stating in a press release, "I want to hear about any problems in state government, and this change ensures that employees will feel more comfortable coming forward with that information." Hoffer's office accepts reports of potential fraud, waste or abuse on its website or by telephone.

The Vermont State Employee Association, the union that represents public employees, supports the new law.

Vermont law also protects certain private employee whistleblowers and others from retaliation for protected activities. For example, employees in the hospital or nursing home industry enjoy special whistleblower status under Vermont law.