Regulations last checked for updates: Jan 30, 2025

Title 29 - Labor last revised: Jan 17, 2025
§ 1992.102 - Obligations and prohibited acts.

(a) No employer may directly or indirectly discharge, demote, suspend, threaten, blacklist, harass, or in any other manner discriminate against a whistleblower in the terms and conditions of employment or post-employment because of any lawful act done by the whistleblower to engage in any of the activities specified in paragraphs (b)(1), (2) and (3) of this section.

(b) A whistleblower is protected against retaliation (as described in paragraph (a) of this section) by an employer for any lawful act done by the whistleblower:

(1) In providing information relating to a violation of 31 U.S.C. chapter 53, subchapter II (Records and Reports on Monetary Instruments Transactions, 31 U.S.C. 5311-5336); chapter 35 or section 4305 or 4312 of title 50; or the Foreign Narcotics Kingpin Designation Act, 21 U.S.C. 1901 et seq., or a conspiracy to violate the aforementioned provisions to:

(i) The employer of the whistleblower, including as part of the job duties of the whistleblower. The employer includes a person with supervisory authority over the whistleblower or such other person working for the employer who has authority to investigate, discover, or terminate misconduct;

(ii) The Secretary of the Treasury or the Attorney General;

(iii) A Federal regulatory or law enforcement agency; or

(iv) Any Member of Congress or any committee of Congress;

(2) In initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Department of the Treasury or the Department of Justice based upon or related to the information described in paragraph (b)(1) of this section; or

(3) In providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law, rule, or regulation subject to the jurisdiction of the Department of the Treasury, or a violation of section 1956, 1957, or 1960 of title 18 (or any rule or regulation under any such provision) to:

(i) A person with supervisory authority over the whistleblower at the employer of the whistleblower; or

(ii) Another individual working for the employer who the whistleblower reasonably believes has the authority to investigate, discover, or terminate the misconduct; or take any other action to address the misconduct.

(c) This section shall not apply with respect to any employer that is subject to section 33 of the Federal Deposit Insurance Act (12 U.S.C. 1831j) or section 213 or 214 of the Federal Credit Union Act (12 U.S.C. 1790b,1790c.

authority: 31 U.S.C. 5323(a)(5), (g), and (j); Secretary of Labor's Order 08-2020, 85 FR 58393; Secretary of Labor's Order 01-2020, 85 FR 13024-01
source: 90 FR 3030, Jan. 14, 2025, unless otherwise noted.
cite as: 29 CFR 1992.102