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The Duty Speech Loophole in Whistleblower Protection: Why We Need Retroactive Causality to Avoid Moral Luck

Author

Listed:
  • Wim Vandekerckhove

    (EDHEC Business School)

  • Geert Demuijnck

    (EDHEC Business School)

Abstract

Key whistleblowing legislation in the US and EU remains ambiguous about protection for a specific (but important) group of employees, namely Role-Prescribed Reporters (RPR). An RPR is any worker who reports wrongdoing as part of their normal job duties, also known as duty speech. These workers are not whistleblowers when they report wrongdoing as part of their normal job. When they are neglected or experience retaliation they may report the same wrongdoing through a formally designated whistleblowing channel. We demonstrate how such situations amount to loopholes in whistleblower protection legislation. We discuss loopholes in the US (Whistleblower Protection Act, False Claims Act, Dodd-Frank Act) and the EU (Ireland, France, the Netherlands), in which an RPR does not enjoy whistleblower protection for any retaliation that occurred prior to using a formal channel. We argue the RPR exerts their function in a setting of uncertainty that, if they are unlucky, can lead to unfairness and situations of painful ‘agent-regret’ (which is an essential aspect of ‘moral luck’). Insofar as this uncertainty is perfectly avoidable, it is ethically unacceptable. We evaluate possible solutions and argue that reducing the scope of moral luck for RPRs (duty speech professionals) by retroactively attributing them a whistleblower status in the case of retaliation would close the currently prevailing legal loophole.

Suggested Citation

  • Wim Vandekerckhove & Geert Demuijnck, 2025. "The Duty Speech Loophole in Whistleblower Protection: Why We Need Retroactive Causality to Avoid Moral Luck," Journal of Business Ethics, Springer, vol. 199(1), pages 37-53, June.
    • Handle: RePEc:kap:jbuset:v:199:y:2025:i:1:d:10.1007_s10551-024-05842-5
    DOI: 10.1007/s10551-024-05842-5
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    References listed on IDEAS

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    1. Mathieu Bouville, 2008. "Whistle-Blowing and Morality," Journal of Business Ethics, Springer, vol. 81(3), pages 579-585, September.
    2. Kim Loyens & Wim Vandekerckhove, 2018. "Whistleblowing from an International Perspective: A Comparative Analysis of Institutional Arrangements," Administrative Sciences, MDPI, vol. 8(3), pages 1-16, July.
    3. Logan L. Watts & M. Ronald Buckley, 2017. "A Dual-Processing Model of Moral Whistleblowing in Organizations," Journal of Business Ethics, Springer, vol. 146(3), pages 669-683, December.
    4. Kate Kenny & Mahaut Fanchini, 2023. "Women Whistleblowers: Examining parrhesia, power and gender with Sophocles’ Antigone," Post-Print hal-04146601, HAL.
    5. W. Hoffman & Mark Schwartz, 2015. "The Morality of Whistleblowing: A Commentary on Richard T. De George," Journal of Business Ethics, Springer, vol. 127(4), pages 771-781, April.
    6. Wim Vandekerckhove, 2022. "Is It Freedom? The Coming About of the EU Directive on Whistleblower Protection," Journal of Business Ethics, Springer, vol. 179(1), pages 1-11, August.
    7. Nadia Smaili & Paulina Arroyo, 2019. "Categorization of Whistleblowers Using the Whistleblowing Triangle," Journal of Business Ethics, Springer, vol. 157(1), pages 95-117, June.
    8. Wim Vandekerckhove & Arron Phillips, 2019. "Whistleblowing as a Protracted Process: A Study of UK Whistleblower Journeys," Journal of Business Ethics, Springer, vol. 159(1), pages 201-219, September.
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