Retaliation whistleblower protection act


Whistleblowers have significant protections under state and federal laws. Whistleblowers — people who expose wrongdoing within an organization — have enjoyed special protection under the law since the earliest days of the United States. When government or corporate executives start breaking laws, honest employees are an early warning system. By refusing to participate, or to turn a blind eye, they stop illegal schemes in their tracks. Whistleblowing is especially important within government, where officials represent their fellow citizens and are entrusted with public money. But while whistleblowing is a duty, it can also be risky.


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If you have information that your employer is violating laws or regulations, or if your employer is causing danger to public health and safety, you may feel obligated to report this information. If you do so, then you may be considered a whistleblower. There are many state and federal laws in place that protect whistleblowers from retaliation by their employers.

Read this page to get general information about what constitutes whistleblowing, what actions by an employer are considered retaliation, and how anti-retaliation laws can protect you when you do the right thing and report wrongdoing. Many violations of the law, and many dangers to public health and safety, go unreported because people who know about them are afraid of retaliation. As our livelihoods, and often our health insurance, are dependent on our jobs, the fear of losing a job is pervasive.

Whenever the law provides a remedy for victims of retaliation, it encourages employees to come forward with evidence that will make our world safer, healthier, and more just. Many, if not most, of the laws that protect workers, such as antidiscrimination laws, wage and hour protections, and health and safety laws, also make it illegal for an employer to retaliate against someone who engages in conduct which the law protects.

Many laws protecting the public at large, such as environmental laws, taxpayer-funded programs, and government regulation of certain industries, such as nuclear power, trucking, and airlines, protect employees who disclose information that the employee reasonably believes is evidence of illegality, gross waste or fraud, gross mismanagement, abuse of power, or a substantial and specific danger to public health and safety. Whistleblower and antiretaliation laws protect all employees who report illegal conduct of any employer, employment agency, or labor organization.

This includes applicants, current employees, and former employees. For example, an employer cannot refuse to hire an applicant because she had filed a retaliation complaint against her former employer. Additionally, whistleblower and antiretaliation laws protect employees regardless of their citizenship or work authorization status. For example, suppose an employer suspects an employee is undocumented.

If that employee files a sexual harassment claim, antiretaliation laws prohibit the employer from threatening to expose that employee's immigration status as punishment for filing the claim. Although whistleblower and retaliation claims are often discussed interchangeably, and claims brought by whistleblowers generally involve retaliation by an employer, there is a difference between the two types of claims.

Whistleblower complaints seldom include an employer's retaliation for complaints about personal dislikes or issues that affect only a single person. However, laws governing the workplace that guarantee rights to each individual worker, such as the right to be free from discrimination, the right to be paid minimum and overtime wages, and the right to join a union do address the rights of an individual worker to enforce their personal legal rights under the law, and to support others who enforce their personal legal rights.

If employers interfere with those rights in illegal ways, the individual can bring a retaliation claim to vindicate those individual rights. You should start with the basic premise that many laws which protect employees prevent retaliation for enforcing those rights, and that many laws which protect the public prevent retaliation against those who blow the whistle on those violating those laws.

If you have taken action concerning the following subjects or have the described employment status, choose the listed page for more details. With some variations among the laws, most whistleblower and anti-retaliation laws will require that a victim prove these elements:. The scope of protected activity is defined by each law that creates an employee protection.

Under some laws, only an actual complaint to a specific agency is protected. Under some state laws, there is a "play fair" provision which requires employees to tell their employers about the wrongdoing first, to allow them an opportunity to correct the problem. One court held that telling the boss that you plan to sue for overtime is not protected -- only actually filing a complaint is protected. Other courts have read the law with an eye toward the purpose of protecting anyone who tries to help enforce the law.

For example, under the Civil Rights Act of also known as Title VII , employees are protected for 1 participating in proceedings to enforce the law, and 2 opposing unlawful discrimination.

The "participation" clause protects anyone who files a charge of unlawful discrimination or serves as a witness, whether or not the charge had merit. The "opposition" clause, however, prohibits employers from punishing an employee for communicating opposition to what they believe to be a violation.

So, if you caution the boss that some action might be a violation, and you are fired just for giving that caution, your claim of retaliation will depend on whether the judge thinks it was reasonable to believe that there was a violation. Protection can begin as soon as the evidence suggests that management thought the worker might be a witness in a future enforcement proceeding. Filing a grievance, contacting the media, refusing to perform illegal assignments, and other forms of standing up against violations of the law can be protected.

Even complaints that are indirect or misdirected may result in protection if they reveal to management the intention to enforce the law. For employees assigned to safety, quality control or enforcement work, doing that work too well is also protected.

If you get into an argument with a supervisor about what is or is not legal on the job, and you punch the supervisor, you are not protected from being fired for punching the supervisor.

Courts have recognized that protected activity may be associated with "impulsive behavior. A key inquiry is whether the employee has upset the balance that must be maintained between protected activity and workplace discipline.

If the employee's behavior oversteps the defensible bounds of conduct, the employee can lose the protections of the law. For example, one employee lost an antiretaliation lawsuit after swearing at a supervisor, refusing to change conduct, and daring employer to fire the employee.

So, it's important to keep your cool. In fact, the 8th Circuit recently adopted the "reasonable employee standard" for Sarbanes-Oxley Act whistleblower claims. The 8th Circuit stated that a whistle blowing employee is not protected from retaliation under SOX if a reasonable person, in the same position and with the same training and experience, would not have believed there was a securities violation to report.

This is also known as the Sylvester standard from the case of Sylvester v. Parexel Int'l. Especially where the whistleblower has tried to be anonymous, it may be hard to prove the employer has knowledge of the protected activity.

Still, some courts will use inferences to deduce who the employer may have suspected. If you were among a select few who had the necessary information and the courage to speak up, that might be enough for a judge to "infer" employer knowledge.

Sometimes, the employer's investigation or interrogation of an employee can reveal the employer has knowledge of the protected activity.

To avoid this problem, some sophisticated whistleblowers will announce their protected activities. If they disclose copies of evidence to an agency, they can send a copy to the employer by certified mail. Certified mail has the advantage of creating a document that shows the date the employer received the item. If the retaliation occurs shortly after the whistleblowing say within six months, or sometimes longer , then the timing alone may persuade a judge that the employer's true motive was because of the whistleblowing.

However, if you are blowing the whistle on criminal activity, it would be best to get experienced legal advice before disclosing your protected activities.

Disclosure can have the effect of telling the crooks that the cops are coming after them — which could be a form of obstruction of justice. A few state laws provide a remedy only for discharges. Most anti-retaliation laws provide remedies for any discrimination or "adverse employment action. Discharges, of course, cost the victim money.

So do demotions and denials of overtime, promotions, or benefits. Formal discipline is generally accepted as an adverse employment action. Courts are inconsistent on whether they will allow a remedy for a bad evaluation, denial of a transfer, changes in hours or work location, hostile remarks, denial of parking privileges, and other changes that do not reduce a worker's paycheck. Some laws clearly prohibit any discrimination in employment. While the legal rights of employees have increased, so has the sophistication of bosses who want to retaliate.

Instead of discharging a whistleblower, they look for more subtle ways to apply pressure. Promotions or transfers may evaporate. Discipline can increase. Hostile remarks can make you feel unwelcome, like you are an outsider. Isolated incidents can come together to paint a picture that it is time to go.

Can the employer convey the need to quit with measures that are safe enough to avoid legal action? Across the country, bosses and workers are playing cat and mouse to find out. The courts have applied the same doctrines used in sexual harassment cases to protect workers who stand up for their rights. When courts conclude that the employer was trying to get the worker to quit, or made working conditions intolerable, then they declare a "constructive discharge," and allow the victim full remedies after quitting.

However, these doctrines are not yet specific enough to protect everyone who felt forced out. For more information on harassment and constructive discharge, see our site's harassment page.

Direct evidence is evidence that the employer was mad at the protected activity. If you or another witness saw a supervisor spout off about someone reporting a violation, that is direct evidence of the employer's "animus" against protected activity.

Similarly, if the employer announces that whoever calls the government will be fired, or warns employees against reporting violations, that is direct evidence of retaliation. A worker may have a strong case even without any direct evidence. In some cases, causation is obvious.

The boss runs into the office yelling about the so- and-so who reported a violation of the law. Norma Rae raises her hand and announces that she made the call. The boss fires her on the spot. The timing and personal animus make the retaliation clear. Everyone knows that it is illegal to fire workers just because they are black or female, or because they organized a union.

When the employer knows that it is illegal to fire someone for a certain reason, they will usually try to cover it up. Still, advocates remain amazed at the cases where bosses put an illegal reason in writing, such as:. Unfortunately, whistleblower and anti-retaliation laws generally take on the same rights and remedies as the law relating to the underlying right they protect, which means that they can vary widely from one another.

Some laws, like the Fair Labor Standards Act, gave victims of retaliation direct access to courts to enforce their rights to reinstatement, back pay and other remedies.

Other laws, like the Civil Rights Act of , and the new Sarbanes-Oxley Act of , require victims to file first with an agency, but then allow access to the courts if the agency does not resolve the complaint within six months. Since each law with an employee protection is unique, victims of retaliation may face a patchwork of procedures and possibilities.

Employees who have the confidence to speak up sometimes have opposed various kinds of unlawful activity. For example, a member of a union safety committee may engage in concerted union activity, oppose an environmental violation, and complain about unsafe working conditions -- all with the same phone call to one agency.

In some cases, the activist may have opposed various kinds of unlawful conduct in separate actions. When the employer finally snaps, it may be hard to tell which protected activity provoked the retaliation. In these situations, it is hard to tell which law will be applied, or which will provide the best remedy.

The employer, when faced with a variety of charges, will argue that the victim made inconsistent claims and none of them have merit. Special attention, therefore, is required to make each complaint explain how the protected activity that provoked retaliation is protected by all of the laws asserted. The analysis of which legal claim to pursue must start with a sincere attempt to understand why the employer retaliated.

If the clues point clearly to one particular unlawful reason, then it is usually best to pursue the remedies under the law that makes that reason unlawful.



Whistleblower Protection Enhancement Act of 2012

Whistleblowers are critically important to our society because they speak truth to power when they oppose or expose illegal activity. There are state and federal laws that protect workers in New Hampshire who blow the whistle on illegal activity. The attorneys at the New Hampshire Employee Rights Group have the experience and expertise to help you navigate the complexities of these legal protections and hold your employer accountable for unlawful retaliation. New Hampshire's Whistleblower Protection Act and common law protections work in tandem to protect whistleblowers and hold employers accountable for retaliation. Under these laws, an employer may not retaliate against an employee who reports what he reasonably believes is a violation of the law.

(7) Protect employees from reprisal or retaliation for the performance of their duties; and. (8) Motivate employees to do their duties justly and.

Whistleblowing protections

Problems such as financial irregularities, health and safety violations, or other violations of law may prevent your workplace from being the best it can be. You want to work in a safe environment that complies with state and federal regulations so that you can feel as safe and secure in your job as possible. Unfortunately, when reported internally, these issues sometimes give rise to retaliatory actions from employers rather than remedial action. Your company might find reason to discipline, demote, or terminate you because they say you are a troublemaker. Things you never had problems with before are suddenly major issues and are causing you to be put on improvement plans, have your hours cut back, or have your contract or position terminated. Whistleblower protection laws provide security and protection to employees who report abuse, fraud, or misconduct in the public sector. Employees are protected against retaliation by their employers for reporting misconduct in the workplace and are sometimes eligible for awards for disclosing wrongdoing. These laws typically protect federal, state, and local government employees, as well as employees of firms that contract with the government. There are a wide range of whistleblower protections in federal law. The most relevant of those protections for federal employees is the Whistleblower Protection Act which protects federal employees, applicants, or former employees against job-related reprisals for disclosing government illegality, waste, corruption, or endangerment of public health and safety.


Whistleblower Retaliation, Discrimination and Harassment

retaliation whistleblower protection act

An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:. A A law, rule, ordinance, or regulation, adopted pursuant to law of this State, a political subdivision of this State, or the United States; or. Because plaintiff did not have full and fair opportunity to litigate claims sounding in wrongful discharge in plaintiff's unemployment compensation benefits proceeding, the court refused to apply either issue preclusion or claim preclusion. Plaintiff's state whistleblower claim under this section barred, where plaintiff did not file complaint until well after the ninety-day period after the most recent alleged violation of the whistleblowers' protection act.

Company Filings. The Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation.

Most legal claims have time limits

These notes have two purposes. The first objective is to explain and clarify the intent for specific provisions in the Model Law Protecting Freedom of Expression Against Corruption. Detailed illustrations, as necessary, illustrate the impact of statutory provisions. The purpose of the Model Law is to protect freedom of expression for individuals who bear witness against betrayal of the public trust by challenging corruption. To accomplish its potential, it must be implemented as part of a global package of civil society reforms necessary to implement the Inter-American Convention Against Corruption.


Conscientious Employee Protection Act

What's on Practical Law? Show less Show more. Ask a question. The federal law that protects federal employees from retaliation for disclosing illegal or improper government activities PL , Stat. The WPA strengthened the definition of whistleblower retaliation as a prohibited personnel practice under the Civil Service Reform Act of Agency officials may not take, fail to take, or threaten to take a personnel action because of an employee's protected disclosure. To be protected, the employee must have disclosed what she reasonably believes is:.

But all too often, whistleblowers suffer retaliation. Federal and state whistleblower retaliation laws prohibit a wide range of retaliatory adverse.

Subchapter XV-A. Whistleblower Protection.

Section Any party to said action shall be entitled to claim a jury trial. All remedies available in common law tort actions shall be available to prevailing plaintiffs. These remedies are in addition to any legal or equitable relief provided herein.


Office of the Revisor of Statutes

RELATED VIDEO: Does the Whistleblower Protection Act prohibit retaliation for the exercise of protected rights?

Federal government websites often end in. The site is secure. Retaliation includes such actions as firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours. Retaliation occurs when an employer through a manager, supervisor, or administrator fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity.

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Former federal investigator Sibel Edmonds, speaking here at a press conference in April , was fired by the FBI for blowing the whistle on many agency cover-ups. Edmonds' lawsuit against the government was thrown out of a lower court when the Bush administration invoked the state secrets privilege, which allows the government to withhold information to safeguard national security. Whistleblowers are employees or former employees in the public or private sector who expose, or blow the whistle on, illegal conduct that could affect public safety, cause wasteful spending of tax dollars, result in gross mismanagement, or violate governmental norms of public accountability. Whistleblowers can aid in the detection of wrongdoing or corruption, but often face the threat of retaliation for their actions, whereas the press and public officials to whom whistleblowers reveal the story are more insulated from retaliatory harm. When inside employees blow the whistle, they help authorities detect and reduce the harm associated with malfeasance and reduce the need for watchdog organizations to engage in oversight and may help prevent wrongdoing. Some of these revelations of government and corporate wrongdoing have strengthened support for whistleblowing and for instituting more whistleblower protections.

An employer shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:. The disclosures protected pursuant to this section do not authorize the disclosure of data otherwise protected by law. The identity of any employee making a report to a governmental body or law enforcement official under subdivision 1, clause 1 or 4 , is private data on individuals as defined in section The identity of an employee providing information under subdivision 1, clause 2 , is private data on individuals if:.


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