Quick Answer: What Laws Prohibit Workplace Retaliation Against Whistleblowers?

What laws protect whistleblowers?

The Whistleblower Protection Act of 1989 was enacted to protect federal employees who disclose “Government illegality, waste, and corruption” from adverse consequences related to their employment.

This act provides protection to whistleblowers who may receive demotions, pay cuts, or a replacement employee..

What happens when you file a whistleblower complaint?

Investigative Process The investigator will notify the Complainant, Respondent, and appropriate federal partner agency that OSHA has opened an investigation. … Both the Complainant and the Respondent should provide contact information for witnesses who could support or refute the alleged retaliation.

What is whistleblower complaint?

A whistleblower (also written as whistle-blower or whistle blower) is a person, usually an employee, who exposes information or activity within a private, public, or government organization that is deemed illegal, illicit, unsafe, or a waste, fraud, or abuse of taxpayer funds.

Can I be fired for making a complaint to HR?

It’s illegal for an employer to fire an employee for complaining under the Fair Work Act, but in a study of 30 courts cases we found it’s difficult for employees to prove they have been fired because of complaining or questioning their employer.

What are examples of retaliation?

Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. But retaliation can also be more subtle.

What is the Whistleblower Protection Act of 2012?

The Whistleblower Protection Enhancement Act of 2012 protects federal employees who disclose evidence of waste, fraud, or abuse.

What are some examples of whistleblowing?

The most common examples are price fixing, over-billing or billing for services not performed, concealing safety concerns or violations, and false certifications by educational institutions or certifying agencies. There are particularly severe repercussions for those who commit fraud against the government.

Is retaliation a form of harassment?

Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. … The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.

Are whistleblowers protected from retaliation?

You must always avoid any retaliation against whistleblowers when they come forward with complaints. There are both state and federal laws, including the Sarbanes-Oxley Act of 2002, that protect whistleblowers from retaliation by their companies and employers.

What is illegal retaliation?

Illegal retaliation occurs when an employer takes some tangible action against an employee for exercising his or her rights under anti-discrimination, whistleblower or certain other laws.

How do you protect yourself as a whistleblower?

6 Ways Whistleblowers Can Protect ThemselvesUnderstand What Conduct Is “Protected” from Retaliation. … Know Your Statute of Limitations. … You Can Blow the Whistle Without Your Employer’s Knowledge. … Take Notes. … Don’t Give Your Employer an Excuse to Fire You. … Consider Quitting Only as the Last Option.

Is it illegal to retaliate against an employee?

Retaliation is an action an employer takes against an employee to punish him or her for engaging in a legally protected activity. Retaliation is also illegal. It is the most common charge filed with the Equal Employment Opportunity Commission (EEOC).

What rights do whistleblowers have?

The whistleblower protections include criminal offences and civil penalties for a person causing or threatening to cause detriment to a whistleblower or breaching a whistleblower’s confidentiality, including during an investigation into the whistleblower’s concerns.

Who qualifies as a whistleblower?

Almost anyone with evidence of fraud or misconduct can be a whistleblower. You do not have to be a current or former employee of the company that engaged in the fraud or misconduct. You do not need to have witnessed the fraud or misconduct yourself or have documentary evidence of the fraud or misconduct.