15 USC 7a-3 - Anti-retaliation protection for whistleblowers

U.S Code last checked for updates: Nov 22, 2024

§ 7a–3.

Anti-retaliation protection for whistleblowers

(a)

Whistleblower protections for employees, contractors, subcontractors, and agents

(1)

In general

No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because of any lawful act done by the covered individual—

(A)

(i)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or

(ii)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or

(B)

to cause to be filed, testify in, participate in, or otherwise assist a Federal Government investigation or a Federal Government proceeding filed or about to be filed (with any knowledge of the employer) relating to—

(i)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or

(ii)

(2)

Limitation on protections

Paragraph (1) shall not apply to any covered individual if—

(A)

the covered individual planned and initiated a violation or attempted violation of the antitrust laws;

(B)

the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or

(C)

the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws.

(3)

Definitions

In this section:

(A)

Antitrust laws

(B)

Covered individual

(C)

Employer

(D)

Federal Government

The term “Federal Government” means—

(i)

a Federal regulatory or law enforcement agency; or

(ii)

any Member of Congress or committee of Congress.

(E)

Person

(4)

Rule of construction

(b)

Enforcement action

(1)

In general

A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by—

(A)

filing a complaint with the Secretary of Labor; or

(B)

if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.

(2)

Procedure

(A)

In general

(B)

Exception

(C)

Burdens of proof

(D)

Statute of limitations

(E)

Civil actions to enforce

(c)

Remedies

(1)

In general

(2)

Compensatory damages

Relief for any action under paragraph (1) shall include—

(A)

reinstatement with the same seniority status that the covered individual would have had, but for the discrimination;

(B)

the amount of back pay, with interest; and

(C)

compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney’s fees.

(d)

Rights retained by whistleblowers

(Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.)

cite as: 15 USC 7a-3