Whistle-Blower Protection

What is a "whistle-blower"?

A whistle-blower is an employee who reports his employer for a reasonable belief that a law has been broken.

What laws generally have whistle-blowing protections?

There are many laws that provide this type of protection. The Occupational and Safety Health Administration (OSHA) administers provisions of the following laws as well as others:

• Clean Air Act
• Sarbanes-Oxley Act
• Asbestos Hazard Removal Act
• Occupational Safety and Health Act

In addition, the EEOC enforces the nonretaliation provisions of Title VII.

Federal employees also fall under the Whistle-blower Protection Act, which is enforced by the U.S. Office of Special Counsel.

What discriminatory actions do whistle-blower provisions prohibit?

• Assignment to undesirable shifts
• Blacklisting
• Demotions
• Denying overtime or promotion
• Transfer
• Layoff or discharge
• Reduction in pay

Can an employee be penalized for bringing a frivolous whistle-blower discrimination claim?

An employee that files a frivolous or bad faith complaint may be ordered to pay the first $1,000 of the company's attorney's fees in defending against the claim.

Are there whistle-blower protections on the state level?

Yes. Not only do most states provide this protection, there are a number of cities that have enacted this type of legislation as well.