Employees who report unlawful conduct, oppose discrimination, assert wage rights, request protected leave, raise safety concerns, or disclose certain forms of fraud may be protected from retaliation. The applicable statute—and the deadline for acting—depends on what was reported, who the employer is, and how the report was made.
Corporate Whistleblowers
The Sarbanes-Oxley Act protects qualifying employees who report certain fraud and securities-law violations involving publicly traded companies and covered related entities. The Dodd-Frank Act created additional whistleblower protections and incentives in the financial-services and securities context. Different provisions have different procedures, coverage rules, and remedies, so the specific facts matter.
Government Whistleblowers
The federal False Claims Act permits qualifying private parties to pursue fraud against the federal government and contains an anti-retaliation provision. Federal employees may have rights under the Whistleblower Protection Act and related civil-service laws. Georgia's Whistleblower Act protects qualifying state and local public employees who make protected disclosures concerning government fraud, waste, abuse, or legal violations.
Anti-Retaliation Provisions in Employment Laws
Many employment statutes independently prohibit retaliation. Depending on the facts, protected rights may arise under laws including:
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Employee Retirement Income Security Act (ERISA)
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- National Labor Relations Act (NLRA)
- Title VII of the Civil Rights Act of 1964
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
Protected activity can include a good-faith internal complaint, a government complaint, participation in an investigation, testimony, or other conduct protected by the particular statute. Retaliation need not always take the form of termination; materially adverse treatment can include demotion, discipline, reduced hours, undesirable reassignment, exclusion, threats, or other actions that could deter protected conduct.
OSHA Whistleblower Program
The U.S. Department of Labor's Occupational Safety and Health Administration administers whistleblower provisions under a number of federal statutes addressing workplace safety, transportation, environmental protection, securities, pipelines, rail and transit safety, consumer products, and related subjects. The statutes administered through OSHA include:
- Occupational Safety and Health Act (OSH Act)
- Surface Transportation Assistance Act
- Asbestos Hazard Emergency Response Act
- International Safe Container Act
- Energy Reorganization Act
- Clean Air Act
- Safe Drinking Water Act
- Federal Water Pollution Control Act
- Toxic Substances Control Act
- Solid Waste Disposal Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
- Sarbanes-Oxley Act
- Pipeline safety whistleblower provisions
- Federal Railroad Safety Act
- National Transit Systems Security Act
- Consumer Product Safety Improvement Act
Some whistleblower deadlines are extremely short. An employee should not assume that the longer deadline applicable to a discrimination claim also applies to a safety or industry-specific retaliation claim.
Potential Remedies
Depending on the governing statute, remedies may include reinstatement, back pay and benefits, compensatory damages, special damages, liquidated or multiple damages, attorneys' fees and costs, and other equitable relief.
If you believe you were punished for reporting illegal or improper conduct, prompt review can help identify the correct statute, filing forum, and deadline.