In recent years, airline manufacturers, most notably Boeing, have repeatedly made headlines for dangerous life threatening practices, and whistleblowers are often the reason the public has become aware of them.
Despite the risks of speaking out against airline safety violations, whistleblowers continue to come forward and play a key role in keeping passengers and staff safe through their work. In recognition of the importance of airline safety whistleblowers, Congress passed the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) in 2000. While the bill offers anti-retaliation protections to airline whistleblowers there are still major loopholes in the law that are leaving whistleblowers vulnerable.
To gain better insight on AIR21, WNN spoke with whistleblower attorney Will Kramer, an associate at Pine Bach’s Litigation Practice Group.. Kramer shares his perspective as a practicing attorney in civil litigation, labor and employment law, environmental law, health law, regulatory compliance, and crisis management. Additionally, he holds an invaluable perspective on obstacles that whistleblowers are expected to navigate through, as he was a whistleblower himself.
Kramer, who is a participant in National Whistleblower Center’s Attorney Referral Program, recently represented a whistleblower in an AIR21 case where he was able to receive a significant seven figure settlement. He emphasized that we need to prioritize whistleblower concerns since they provide insight into the public’s already limited scope into dangerous practices. They also have the ability to prompt global change from their complaints, so they should remain protected by acts like AIR21.
Kramer urges whistleblowers to come forward with AIR21 cases, as they may be the last line of defense, especially in today’s climate of aging airline infrastructures and administration budget cuts on various aviation safety agencies.
During his interview with WNN, Kramer elaborated on how his role as a previous whistleblower supports his current position providing legal support for whistleblowers. As a whistleblower himself, he understands that the primary goal for most whistleblowers is to stop the harm or fraud from occurring, which is not always what the law is set to do or what lawyers are trained to look out for. After he blew the whistle on dangerous and improper handling of hazardous waste at several plants in Wisconsin, he noted having to balance overall stress while working to find responsive representation. Because of this, Kramer is in a unique position where he understands the motivations behind his clients’ actions. He regularly utilizes the media and works with politicians and other legal resources, in addition to formal whistleblower complaints, to accomplish client goals and end corrupt practices.
While AIR21 offers protections to airline safety whistleblowers, and has allowed whistleblowers like Kramer’s client to secure settlements, loopholes undermine the efficacy of the law and leave some airline whistleblowers vulnerable to retaliation. To better support whistleblowers in the aviation industry, the National Whistleblower Center is currently working towards addressing loopholes in the Act.
Shortcomings in the AIR21 legislation allow airline companies who are ordered to reinstate a whistleblower to simply ignore the order without repercussions, leaving whistleblowers open to retaliation. Additionally, these complaints are piling up at OSHA due to a lack of resources at the Department of Labor. Presently, the National Whistleblower Center is calling for reforms to the Act to build it into a more stable protection. They are demanding that existing loopholes be redressed, the legislation clarified, and that “President Trump sign an Executive Order mandating that OSHA abide by the legally-mandated timeline for investigation outlined in AIR21.”
Kramer is the most recent guest on WNN’s Whistleblower of the Week podcast.