Whistleblower Protections

In the United States, and now in other countries including China, there are laws protecting the rights of individuals to blow the whistle on wrongful conduct. Today, government regulatory bodies, including the United States Securities and Exchange Commission and the Internal Revenue Service, actually rely on information from whistleblowers to enforce compliance with laws and regulations.

While the decision to step forward and blow the whistle is sometimes a hard one and can be a scary proposition for some, those who are contemplating blowing the whistle can take comfort in knowing that there are an array of laws that protect the rights of bona fide whistleblowers.

Whistleblower or Retaliation
Statute
Legal Citation Statute of
Limitations
Intake Agency or Judicial
Forum
Age Discrimination in Employment Act (ADEA) 29 U.S.C. § 623(d) 180-300 days EEOC/state employment discrimination agency; private cause of action in federal court
Americans with Disabilities Act (ADA) 42 U.S.C. § 12203(a)
29 C.F.R. Part 1640
180-300 days EEOC/state employment discrimination agency; private cause of action in federal court
Civil Rights Act of 1964 (“Title VII”) 42 U.S.C. § 2000e-3(a) 180-300 days EEOC/state employment discrimination agency; private cause of action in federal court
Clayton Act (antitrust) 15 U.S.C. § 15(a) 4 yrs-see 15
USC § 15(b)
Federal District Court, generally no standing recognized for employees
Clean Air Act 42 U.S.C. § 7622
29 C.F.R. Part 24
30 days DOL/OSHA
Comprehensive Environmental Response, Compensation and Liability Act (“Super Fund”) 42 U.S.C. § 9610
29 C.F.R. Part 24
30 days DOL/OSHA
Employee Retirement Income Security Act (ERISA) 29 U.S.C. § 1132(a), 1140 Earlier of 6 years after (a) the date of the last action which constituted a part of the breach or violation or (b) in the case of an omission, the latest date on which the fiduciary duty could have cured the breach or violation or 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation

Federal District Court

Energy Reorganization Act

42 U.S.C. § 5851
29 C.F.R. Part 24
180 days DOL/OSHA
Equal Pay Act 29 U.S.C. § 206(d) 2 yrs; 3 yrs
if willful violation
DOL or Federal District Court
Fair Labor Standards Act (wage & hour, child labor, minimum wage, overtime) 29 U.S.C. § 215(a)(3)
29 C.F.R. Part 783
2 yrs; 3 yrs if
willful violation
DOL, Federal District Court, or state court
False Claims Act 31 U.S.C. § 3730(h) See most applicable state law for statute of limitations Federal District Court
Family and Medical Leave Act [“FMLA"] 29 U.S.C. § 2615 2 yrs; 3 yrs if
willful violation
DOL, Federal District Court, or state court
National Labor Relations Act 29 U.S.C. § 158(a)(4) 6 months NLRB
Occupational Safety and Health Act 29 U.S.C. § 660(c)
29 C.F.R. Part 1977
(“Part 11(c)”)
30 days DOL/OSHA-no private cause of action
Safe Drinking Water Act 42 U.S.C. § 300j-9 30 days DOL/OSHA
Sarbanes Oxley Act 18 U.S.C. § 1514A 180 days DOL/OSHA
Solid Waste Disposal Act 42 U.S.C. § 6971
29 C.F.R. Part 24
30 days DOL/OSHA
Toxic Substances
Control Act
15 U.S.C. § 2622
29 C.F.R. Part 24
30 days DOL/OSHA

To learn more about what qualifies someone as a whistleblower, click here

To contact us about a potential Whistleblower case,click here.



Site developed by CDImage LLC