Often times, the United States Coast Guard learns from the crew of a vessel of violations of laws by ship owners. This can result in retaliation by the ship owner/employer against the employee for “whistleblowing.” Whistleblowing is defined as the “disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrong doing.”
In my many years of being a maritime attorney, I have seen violations of waste disposal laws, violations of safety laws, violations of discrimination laws, just to name a few. Many times, a seaman working on board a vessel is afraid to report these violations to the authorities in fear of losing his or her job, or otherwise receiving a demotion or some other type of retaliation.
The whistleblower protector provisions of the Seaman’s Protection Act, 46 U.S.C. §2114, provide a remedy for a seaman who has been the victim of retaliation for whistleblowing.