Whistleblower Protection Under Federal Law
Many federal laws provide Whistleblower protections. The premise of these Whistleblower laws is that an employee who has a reasonable belief that a federal law or regulation has been violated reports the violation, and then the employee is subject to retaliatory action by the employer, which often includes the termination of employment. Whistleblower complaints are subject to very strict complaint requirements and must be reported within a certain timeframe following the retaliatory, discriminatory action against the employee. While the complaint time depends upon each law, it can be as little as 30 days from the date on which action was taken against the employee.
The following are among the federal laws which provide whistleblower protections
- Affordable Care Act, 29 U.S.C. §218C (retaliation against employees who report violations based upon an individual's receipt of health insurance subsidies, the denial of coverage based on a preexisting condition, or an insurer's failure to rebate a portion of an excess premium).
- Asbestos Hazard Emergency Response Act, 15 U.S.C. §2651 (retaliation against employees who report violations relating to asbestos in schools)
- Aviation Investment and Reform Act, 49 U.S.C. §42121 (retaliation against employees of air carriers and contractors and subcontractors of air carriers who report aviation safety violations)
- Clean Air Act, 42 U.S.C. §7622 (retaliation against employees who report violations regarding air emissions from area, stationary, and mobile sources)
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §9610 (retaliation against employees who report violations involving the cleanup of hazardous waste sites, accidents, spills, and other emergency releases of pollutants and contaminants)
- Consumer Product Safety Improvement Act, 15 U.S.C. §2087 (retaliation against employees who report violations of laws or regulations of the Consumer Product Safety Commission which regulates consumer product manufacturers, importers, distributors, retailers, and private labelers)
- Energy Reorganization Act, 42 U.S.C. §5851 (retaliation against employees who report violations or refuse to engage in violations of energy laws)
- Federal Railroad Safety Act, 49 U.S.C §20109 (retaliation against employees of railroad carriers and their contractors and subcontractors who report hazardous safety or security conditions, or violations of laws or regulations relating to railroad safety or security)
- Federal Water Pollution Control Act, 33 U.S.C. §1367 (retaliation against employees who report violations relating to discharge of pollutants into water)
- FDA Food Safety Modernization Act, §21 USC 2201(retaliation against employees of food manufacturers, distributors, packers, and transporters)
- International Safe Container Act, 46 U.S.C. §80507 (retaliation against employees involved in international shipping who report to the Coast Guard the existence of an unsafe cargo container or similar violations)
- Moving Ahead for Progress in the 21st Century Act, 49 U.S.C. §30171 (retaliation against employees by motor vehicle manufacturers, part suppliers, and dealerships for employees who provide information to the employer or government about motor vehicle defects, noncompliance, or violations of notification or reporting requirements enforced by National Highway Traffic Safety Administration)
- National Transit Systems Security Act, 6 U.S.C. §1142 (retaliation against employees who report hazardous safety or security conditions, violations of federal laws relating to public transportation agency safety, or the abuse of federal grants or other public funds for public transportation; and employees who refuse to work when confronted by a hazardous safety or security condition; or refuse to violate public transportation safety laws)
- Pipeline Safety Improvement Act, 49 U.S.C. §60129 (retaliation against employees who report violations of federal laws related to pipeline safety and security or who refuse to violate such laws)
- Safe Drinking Water Act, 42 U. S. C. §300j-9(i) (retaliation against employees who report violations relating to any waters actually or potentially designated for drinking)
- Seaman's Protection Act, 46 U.S.C. §2114 (retaliation against employees who report to the Coast Guard or another federal agency a violation of a maritime safety law or regulation; also protects seamen who refuse to work when they reasonably believe an assigned task would result in serious injury or impairment of health to themselves, other seamen, or the public).
- Solid Waste Disposal Act- Resource Conservation and Recovery Act, 42 U.S.C. §6971 (retaliation against employees who report violations relating to the disposal of solid and hazardous waste at facilities).
- Toxic Substances Control Act, 15 U.S.C. §2622 (retaliation against employees who report violations of standards for industrial chemicals)
We represent Whistleblower employees who are retaliated against by their employers. Given strict time constraints, if you believe that you are a Whistleblower who has been subjected to retaliation you should contact a qualified employment law attorney immediately. Call Abramson Employment Law at 267-470-4742 or contact us online to discuss your legal options.