Sunday, October 9, 2016

Anger and Whistleblowing

Anger and Whistleblowing

Some researchers[1] have concluded that anger is a useful, and in some cases necessary, impetus to whistleblowing.  Others have pointed to the dangers and destructive consequences of anger in the workplace[2].  I suggest that anger is not a significant factor in the decision process of most whistleblowers.

Martha Nussbaum[3] refers to Aristotle in identifying several elements involved in anger:

1.       Slighting or down-ranking

2.       Of the self or people close to the self

3.       Wrongfully or inappropriately done

4.       Accompanied by pain and

5.       Involving a desire for retribution

Nussbaum provides the example of a woman whose friend is raped.  The woman’s anger, Nussbaum contends, can follow the road of status, viewing the rape victim as humiliated and then calling for the humiliation of the perpetrator, perhaps by ostracizing him and requiring him to register as a sexual offender.  Alternatively, the woman may take the road of payback, demanding retribution via prison and fines for the perpetrator.  Finally, the woman may experience what Nussbaum calls Transition-Anger, which looks for steps that might diminish or prevent similar acts in the future.

It is easy to see how retaliation against the whistleblower can generate anger, but how the act on which the whistle is blown might generate anger in Nussbaum’s terms is less clear.  The cases of Sandra Black and Anthony Tenny, for example, involved workplaces that endangered the eventual whistleblowers and their colleagues.  Black and Tenny might understandably have been angered when management did not remove the dangerous conditions.  But the majority of whistleblower cases that find their way into public knowledge – and certainly the incidents that I disclosed at HomeFirst – are not of that sort.  Most whistleblower complaints relate to white-collar crimes; even those that involve public safety seldom relate specifically to “people close to the self.”

My journal entries during my whistleblowing days at HomeFirst do not indicate a lot of anger or desire for retribution in response to the wrongs that I alleged were done.  They expressed frustration at being ineffective in changing some company decisions, amazement that the CEO remained in control given the company’s poor performance, and trepidation about retaliation as I prepared to make my disclosures.  But not anger exactly.

My newest whistleblowing project about the violation of master lease requirements on three contracts has little to do with anger as far as I can tell.  My decision to gather documentation in preparation for a complaint had more to do with completing what I had begun two years earlier.  It was excitement, not anger, that I felt when I reviewed the County of Santa Clara documents I obtained: they showed that the County had obtained reimbursement from HUD for $263,162 of “leasing” expenditures that were really “rental assistance” payments, which were ineligible for reimbursement, despite being warned of their ineligibility by HomeFirst’s CEO.  At work I always enjoyed financial analysis that came together in a tidy package, and now here was another.

While some whistleblower stories involve teams that investigate the wrongdoing[4], most tell of individuals who work alone, just doing their jobs.  Nearly all who blow the whistle on organizational wrongdoing first discuss the issue internally with supervisors or through other reporting systems[5].  Most whistleblowers expect something to be done to correct the wrong, and they report matters externally only when internal powers resist action.

What motivates whistleblowers, I suggest, is less high-blown ethics, although ethical justifications can certainly be found, than simply being fed up with organizational resistance or inaction.  They answer the organization with what Nussman describes as Transition-Anger – a demand that things simply must change.  The whistleblower reacts, primarily, to the practical problem of fixing something that is not right and of dealing effectively with an economic power that would rather protect its position than correct what is, in most cases, illegal or violation of contract.

Because whistleblowing is a practical response to organizational dysfunction, those who argue for moral constraints on whistleblowing activity – normally based on loyalty or the need to protect confidentiality – play into the hands of organizational wrongdoers.  Whistleblowers should concern themselves instead with the practical constraints on their actions – likely acts of retaliation by the wrongdoers, their own compliance with laws, and what is necessary to obtain legal protection for their actions.

While public admiration for the moral heroism of the whistleblower is appealing, social energies would be better spent in reducing the practical impediments to whistleblowing.  For example, the protections of confidentiality should be reconsidered, legal requirements that individuals must be correct in their allegations or they must report problems internally first in order to obtain protection should be eliminated, and adequate resources should be provided to investigate whistleblower complaints.




[1] For example, Edwards, Marissa S., Neal M. Ashkanasy and John Gardner. “Deciding to Speak Up or to Remain Silent Following Observed Wrongdoing: The Role of Discrete Emotions and Climate of Silence.” In Voice and Silence in Organizations. Greenberg, J. and Edwards, M. (eds.).  Bingley, UK: Emerald Group Publishing  2009: 83-109Gundlach, Michael J., Mark J. Martinko, Scott C. Douglas. “A new approach to examining whistle-blowing: the influence of cognitions and anger.” SAM Advanced Management Journal.  73.477 (Autumn, 2008): 40-50; Henik, Erika Gail. “Mad as Hell or Scared Stiff? The Effects of Value Conflict and Emotions on Potential Whistle-Blowers.” Journal of Business Ethics.  80 (2008): 111-119; Hollings, James. “Let the Story Go:  The Role of Emotion in the Decision-Making Process of the Reluctant, Vulnerable Witness or Whistleblower.”  Journal of Business Ethics. 114 (2013): 501-512; and Lindebaum, Dirk, and Deanna Geddes.  “The Place and Role of (Moral) Anger in Organizational Behavior Studies.”  Journal of Organizational Behavior 37 (2016): 738-757
[2] Lindebaum & Geddes.
[3] Nussbaum, Martha C.  Anger and Forgiveness: Resentment, Generosity, Justice.  New York: Oxford University Press.  2016.
[4] For example, Cooper, Cynthia. Extraordinary Circumstances: The Journey of a Corporate Whistleblower. Hoboken, N.J.: John Wiley & Sons. 2008; Joy, Amy Block.  Whistleblower.  Point Richmond, California: Bay Tree Publishing, LLC.  2010; Ellsberg, Daniel.  Secrets: A Memoir of Vietnam and the Pentagon Papers.  New York: Viking.  2002; and Schwartz, Mimi with Sherron Watkins. Power Failure: The Inside Story of the Collapse of Enron.  New York: Doubleday.  2003.

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