Whistleblower laws are heavily influenced by federal policies, regulatory priorities, and enforcement mechanisms. Whistleblower protections are at a critical juncture in 2025, as recent and upcoming policy changes under the Trump administration reshape the legal landscape. At Pelton Graham, we have extensive experience in employment law and whistleblower laws, making us uniquely positioned to help whistleblowers navigate these changes. Here are the top 10 implications for whistleblower laws you should know:

    1. Whistleblower Protections Enforcement Priority Adjustments

      President Trump has issued executive orders that affect whistleblower protections by altering enforcement priorities. For example, the February 10, 2025, Executive Order paused enforcement of the Foreign Corrupt Practices Act (FCPA) for 180 days. This pause may impact whistleblowers reporting corporate bribery or corruption cases, as it deprioritizes such investigations unless they involve transnational criminal organizations or cartels.

    2. Decentralization of Enforcement

      The Department of Justice (DOJ) under Attorney General Pamela Bondi has decentralized decision-making for FCPA and other white-collar crime investigations to U.S. Attorneys’ Offices across the country. While this move is aimed at reducing bureaucracy, it could create inconsistencies in how whistleblower complaints are handled regionally.

    3. FCA Whistleblower Provisions Under Pressure

      The False Claims Act (FCA), which incentivizes whistleblowers through qui tam provisions, faces challenges under the Trump administration. Conservative judicial interpretations and DOJ priorities may narrow FCA enforcement, potentially discouraging whistleblowers from pursuing cases involving government fraud.

    4. Public Integrity Guardrails Eroded

      The firing of key watchdog officials, such as the head of the Office of Special Counsel (OSC), raises concerns about diminished protections for whistleblowers in federal agencies. Although a federal judge temporarily reinstated the OSC head, these actions highlight vulnerabilities in institutional safeguards for whistleblowers.

    5. Senate Democrats’ Whistleblower Portal

      In response to concerns about potential abuses of power within the Trump administration, Senate Democrats launched a whistleblower portal on February 10, 2025. This platform allows federal employees to report wrongdoing, including abuse of power and threats to public safety, while emphasizing the protections offered by the Whistleblower Protection Act. This initiative underscores the importance of whistleblowers in maintaining government accountability and provides resources to safeguard against retaliation.

    6. Stronger Penalties for Employer Retaliation

      The administration has emphasized harsher penalties for employers who retaliate against whistleblowers. If you’ve faced retaliation, our team can help you pursue justice through individual whistleblower retaliation or class action lawsuits.

    7. Enhanced Support for Whistleblower Programs

      Increased funding for whistleblower programs means faster case resolutions and potentially larger rewards for successful claims. Our attorneys are experienced in handling high-stakes cases involving whistleblowers, unpaid wages and other workplace violations.

    8. Supreme Court Intervention

      The Trump administration’s attempt to seek Supreme Court intervention in the firing of Hampton Dellinger, the head of the Office of Special Counsel, has become a significant legal battle with implications for whistleblower protections. On February 17, 2025, the administration appealed to the Supreme Court to permit Dellinger’s dismissal, challenging the statutory protections that limit the president’s ability to remove the head of this independent agency. This move came after a federal judge temporarily blocked Dellinger’s firing, which Trump had initiated on February 7 without citing specific reasons. The case has drawn attention to the tension between presidential authority and the independence of watchdog agencies, particularly those designed to protect whistleblowers. The Supreme Court initially sidestepped the issue on February 21, leaving in place the lower court’s order that temporarily reinstated Dellinger. This legal dispute has set the stage for a potential landmark decision on the extent of presidential power over independent agencies and the robustness of whistleblower protections in the federal government. 

    9. Environmental Whistleblowers

      The Trump administration significantly reduced EPA’s regulations and resources, including substantial budget cuts and staff reductions, and EPA scientists who raised concerns about the rush to approve chemicals under the first Trump administration were derided and faced retaliation. These factors weaken the agency’s ability to effectively enforce environmental laws and discourage potential whistleblowers from coming forward – at a time when the climate crisis has never been worse.

    10. DEI and Diversity Policy Changes to the False Claims Act

      The Trump administration implemented significant changes to the False Claims Act (FCA) and diversity policies in early 2025. Key actions include:

      • Executive Order 14173, rescinding previous DEI orders and mandating new anti-discrimination policies in federal contracts.
      • New federal contract clauses linking anti-discrimination compliance to FCA liability.
      • DOJ guidance prohibiting the use of sub-regulatory documents in enforcement actions.

These changes potentially impact FCA enforcement by:

      • Making it easier to prove FCA violations related to DEI programs
      • Incentivizing whistleblowers to bring more DEI-related FCA actions
      • Altering the landscape for FCA cases pursued during Trump’s second term

Implications for Whistleblowers

The evolving definition of protected disclosures reflects a complex interplay between policy shifts and legislative safeguards. While some actions under the Trump administration may appear to weaken enforcement mechanisms or prioritize economic competitiveness over accountability, initiatives like the Senate Democrats’ portal and existing statutory protections provide avenues for whistleblowers to safely report misconduct.

If you believe your rights as a whistleblower have been violated or you’re considering taking action against unfair practices, contact us today for a free consultation. At Pelton Graham LLC, we fight to ensure that workers’ rights are protected because “Workers’ Rights Are Human Rights”.