What are the legal protections for whistleblowers in biomedical research?
In Massachusetts, whistleblowing in biomedical research is protected by a variety of laws which help to ensure that the rights of those who raise concerns are respected. At a federal level the Whistleblower Protection Act of 1989 (WPA) ensures that individuals are not subject to any form of discrimination or retribution for lawfully reporting any violations or suspected violations of law. In addition, the Whistleblower Protection Enhancement Act of 2012 (WPEA) also protects individuals who provide information about violations of laws, rules, or regulations by employers or colleagues. At a state level, Massachusetts protects whistleblowers who report violations of the Massachusetts False Claims Act (MFCA) and the Massachusetts Open Meeting Law (OML). Under the MFCA, individuals who report violations involving fraud, waste, and abuse are provided with protection from any form of retaliation or discrimination. The OML also protects individuals who report violations of the Open Meeting Law by providing legal protection from any form of retaliation. Besides providing legal protection, federal and state laws also provide a range of incentives to encourage individuals to report issues in biomedical research. These incentives include cash rewards, legal costs, and protection from civil and criminal liability. It is important to note that the state and federal laws only provide protection to individuals if they report violations legally. An individual cannot be protected if they take matters into their own hands.
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