Pub K
Complying with the 2024 ECCP on Whistleblowers
We recently updated readers on the 2024 revisions to the Department of Justice’s Evaluation of Corporate Compliance Programs (ECCP). The Compliance Podcast Network recently provided a deep dive into DOJ’s renewed emphasis on whistleblowers and their protection in assessing if an ethics program is well designed. The key takeaways: ensure your reporting mechanisms are robust and accessible, foster a safe and supportive environment for reporting, and protect those who come forward.
- Anonymous reporting mechanisms are a basic requirement now, enabling employees and third parties to raise concerns.
- Assess employee awareness of the reporting mechanism and their comfort level in reporting. Surveys are good, but focus groups and feedback sessions are better ways of evaluating awareness and comfort level because they provide details that can be addressed in making enhancements.
- Encouraging and incentivizing reporting is important. Have the staff been celebrated for reporting an ethical or safeguarding concern? Sharing the outcome of investigations with staff gives them confidence that reporting is taken seriously and has an outcome.
- Are investigations overly aggressive? Employees who witness such behavior may not trust the organization to appropriately handle a report and investigation.
- Do employees know the non-retaliation policy? It should be part of regular ethics and safeguarding training.
The bedrock of any compliance program is a well-publicized, anonymous reporting mechanism and credible whistleblower protection.