BRIAN J GRABER LLC, Attorney at Law

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Federal Whistleblower Laws

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Brian J Graber LLC, represents employees who suffer retaliation in violation of Federal Whistleblower Protection Laws.

BRIAN J GRABER LLC represents employees who have suffered retaliation in violation of certain Federal Whistleblower Protection Laws.

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Brian J Graber LLC represents employees retaliated against in violation of federal whistleblower laws.

Brian J Graber LLC is a federal whistleblower lawyer representing Illinois, Indiana, and Michigan employees who are retaliated against in violation of federal whistleblower protection laws. Federal whistleblower laws make it unlawful for employers to retaliate against employees who engage in certain statutorily-protected activities. Whistleblower claims and retaliation claims are two different names for the same type of legal claim. The essence of a whistleblower claim is that the employer takes adverse action against an employee because of his or her activity that is protected by the law.

WHAT IS RETALIATION?

Various federal whistleblower protection laws make it unlawful for employers to retaliate against employees by taking “adverse action” against that employee for certain activities that are protected by law. Adverse action is generally understood to mean “any action which would dissuade a reasonable employee from engaging in certain activities protected by law.” Examples of “adverse action” include, but are not limited to the following:

  • Firing or lay-off;
  • Demoting;
  • Denying a promotion;
  • Disciplining;
  • Denying benefits;
  • Failing to hire or rehire;
  • Intimidation or harassment;
  • Unexplained reduction of pay or hours;
  • Blacklisting;
  • Constructive discharge – The employer forces the employee to quit by making the working conditions intolerable.

In any whistleblower or retaliation claim, the employer must impose some “adverse action” on an employee as a reprisal for doing something the law says is protected. For example, an employer fires a truck driver because he/she refuses to drive a truck in violation of the Federal Motor Carrier Safety Regulations. The employee’s protected activity must be what caused the employer to take “adverse action.”

OSHA WHISTLEBLOWER STATUTES

The U.S. Department of Labor/OSHA enforces more than twenty federal whistleblower protection laws protecting employees from retaliation for reporting violations of safety regulations and engaging in other protected activities under the law. The federal whistleblower protection laws enforced by OSHA have a very short statute of limitations periods ranging from 30 days to 180 days. The first step to bringing a whistleblower claim under one of these statutes is to timely file a whistleblower complaint with OSHA as required by the specific statute. Below you will find a summary of some, but not all, of the federal whistleblower protection laws, enforced by OSHA:

  • Surface Transportation Assistance Act, (STAA), 49 U.S.C. §31105. This law protects truck drivers, mechanics, freight handlers, intermodal truck drivers, and commercial bus drivers from retaliation for reporting violations of safety regulations, refusing to drive commercial motor vehicles in violation of safety regulations, refusing to drive commercial motor vehicles that are in unsafe conditions, and other protected activities. The STAA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA not later than 180 days after the alleged violation occurred. To learn more about your rights under the STAA navigate to our Practice Area – Truck Driver Whistleblower Law. The STAA offers broad whistleblower protections and remedies to covered employees.
  • Safe Drinking Water Act, (SDWA), 42 U.S.C. §300j-9(i). Protects employees from retaliation for reporting violations of the Act, which requires all drinking water systems assure their water is potable as required by the EPA. The SDWA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 30 days after an alleged violation occurs. Click here to learn more about federal environmental whistleblower protections.  
  • Federal Water Pollution Control Act, (FWPCA), 33 U.S.C. §1367. Protects employees from retaliation for reporting violations of law related to water pollution. The FWPCA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 30 days after the alleged violation occurs. Click here to learn more about federal environmental whistleblower protections.  
  • Toxic Substances Control Act, (TSCA), 15 U.S.C. §2622. Protects employees from retaliation for reporting violations relating to industrial chemicals. The TSCA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 30 days after the alleged violation occurs. Click here to learn more about federal environmental whistleblower protections.
  • Solid Waste Disposal Act, (SWDA), 42 U.S.C. §6971. Protects employees from retaliation for reporting violations of laws regulating disposal of solid waste. The SWDA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 30 days after the alleged violation occurs. Click here to learn more about federal environmental whistleblower protections.
  • Clean Air Act, (CAA), 42 U.S.C. §7622. Protects employees from retaliation for reporting violations of the Act regarding air quality and air pollution. The CAA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 30 days after the alleged violation occurs. Click here to learn more about federal environmental whistleblower protections.
  • Comprehensive Environmental Response, Compensation and Liability Act, (CERCLA), 42 U.S.C. §9610. Protects employees from retaliation for reporting violations of regulations involving accidents, spills, and other releases of pollutants into the environment. It protects employees reporting violations pertaining to the clean-up of uncontrolled or abandoned hazardous waste sites known as the “Superfund” sites. CERCLA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 30 days after the alleged violation occurs. Click here to learn more about federal environmental whistleblower protections.
  • Energy Reorganization Act, (ERA), 42 U.S.C. §5851. Offers certain employees in the nuclear industry broad protections from retaliation for reporting violations of the Atomic Energy Act. Protected employees under the ERA include employees of operators, contractors, and subcontractors of nuclear power plants licensed by the Nuclear Regulatory Commission. ERA protections are extended to employees or contractors working with the Department of Energy under a contract pursuant to the Atomic Energy Act. The ERA’s statute of limitations requires a covered employee to file a whistleblower complaint with OSHA within 180 days after the alleged violation occurs. The ERA contains a “kick-out” provision that allows an employee to file a lawsuit in federal court and seek a jury trial on all issues after 365 days if OSHA has not issued a final decision on the whistleblower complaint. Click here to learn more about the whistleblower protection provisions of the Energy Reorganization Act.
  • Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, (AIR21), 49 U.S.C. §42121. Protects covered employees of air carriers from retaliation for reporting violations of federal laws related to aviation safety. AIR21 protections may reach contractors and subcontractors of covered air carriers. AIR21’s statute of limitations requires an employee to file a complaint with OSHA not later than 90 days after the date on which the alleged violation occurs. To learn more about aviation whistleblower protections navigate to our Practice Areas – Aviation Whistleblower Law. Other claims under Illinois law for wrongful termination with longer statutes of limitation may be available for aviation employee whistleblowers.
  • Pipeline Safety Improvement Act, (PSIA), 49 U.S.C. §60129. The PSIA protects employees from retaliation for reporting violations of federal laws pertaining to pipeline safety or security or for refusing to violate such laws. The PSIA broadly defines the term “employer” to include any person owning or operating a pipeline facility or a contractor or subcontractor of such a person. The PSIA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA not later than 180 days after the date on which such violation occurs. The PSIA has been recently amended to contain a “kick-out” provision allowing an employee to exercise an option to file a lawsuit in federal court and seek a jury trial on all issues if OSHA has not reached a final decision within 210 days after the whistleblower complaint was filed with OSHA. Navigate to our Practice Areas – Pipeline Whistleblower Law to learn more. 
  • Sarbanes-Oxley Act, (SOX), 18 U.S.C. §1514A. Prohibits publicly traded companies and others from retaliating against employees for reporting alleged mail fraud, wire fraud, bank fraud, securities fraud, violations of SEC rules and regulations or violation of federal laws related to fraud against shareholders. SOX’s statute of limitations requires an employee file a whistleblower complaint with OSHA within 180 days of when the adverse action took place. SOX contains a “kick-out” provision allowing an employee to exercise an option to file a lawsuit in federal court and seek a jury trial on all issues if OSHA has not reached a final decision on the whistleblower complaint within 180 days of the filing date.
  • Federal Railroad Safety Act, (FRSA), 49 U.S.C. §20109.  Protects employees of railroad carriers from retaliation for reporting work-place injuries or illnesses, hazardous safety or security conditions, violations of federal laws or regulations relating to railroad safety or security, and refusing to work when confronted with a hazardous safety or security condition, if certain conditions are met. The FRSA offers broad protections to railroad employees engaging in the listed statutory protected activities. The FRSA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA not later than 180 days after the date on which the alleged violation occurs. The FRSA contains a “kick-out” provision that allows an employee the option to file a lawsuit in federal court and seek a jury trial on all issues if OSHA does not reach a final decision on the whistleblower complaint within 210 days after it was filed. To learn more about FRSA protections navigate to our Practice Areas – Railroad Whistleblower Law.
  • National Transit Systems Security Act, (NTSSA), 6 U.S.C. §1142. Protects transit employees from retaliation for reporting hazardous safety or security conditions, violations of federal law related to public transportation agency safety, or abuse of federal grants. The NTSSA protects employees from retaliation for refusing to work when confronted with a hazardous safety or security condition or for refusing to violate federal law related to transportation safety. The NTSSA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA not later than 180 days after the date on which the violation occurs. To learn more about your rights under the NTSSA navigate to our Practice Areas – Rapid Transit Whistleblower Law.
  • Consumer Protection Safety Improvement Act, (CPSIA) 15 U.S.C. §2087. Protects covered employees from retaliation for reporting to their employer and other listed in the statute violations of any laws or regulations within the jurisdiction of the Consumer Product Safety Commission. The CPSI’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 180 days of when the adverse action took place.
  • Seaman’s Protection Act, (SPA), 46 U.S.C. §2114. Protects maritime employees from retaliation for reporting to the Coast Guard or other federal agencies violations of maritime safety laws or regulations. The SPA protects maritime employees from retaliation for refusing to work when they reasonably believe the task would result in serious injury or impairment of health. The SPA’s statute of limitation requires an employee to file a whistleblower complaint with OSHA not later than 180 days after the alleged violation occurred. To learn more about your rights under the SPA, and maritime whistleblower protections, navigate over to our Practice Areas – Seaman’s Protection Act.
  • FDA Food Safety Modernization Act, (FSMA), 21 U.S.C. §399d. Protects covered employees from retaliation for making complaints about food safety or other violations of the FD&C Act. Restaurants and grocery stores are generally considered covered entities. It includes complaints about adulteration of food. Adulteration of food means it was made or stored in unsanitary conditions. The FSMA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 180 days of when the alleged adverse action took place. To learn more about your rights under the FSMA’s Whistleblower Protections and other Illinois claims navigate to our Practice Areas – Food Safety Whistleblower Protections.
  • Moving Ahead for Progress in 21st Century Act (MAP-21), 49 U.S.C. §30171. Prohibits motor vehicle manufacturers, part suppliers, and dealerships from retaliating against employees for reporting motor vehicle defects, noncompliance, or violations of notification or reporting requirements enforced by the NHTSA and other protected activities. MAP-21’s statute of limitations requires an employee to file a whistleblower complaint with OSHA within 180 days of when the alleged adverse action took place.
  • Taxpayer First Act, (TFA), 26 U.S.C. §7623(d). Prohibits retaliation against employees who report what is reasonably believed to be violations of underpayments of taxes or violations of IRS laws or any provision of federal law relating to tax fraud internally or to various federal agencies. The TFA includes bounty provisions for whistleblowers. The TFA’s statute of limitations requires an employee to file a whistleblower complaint with OSHA not later than 180 days after the date on which the violation occurs.

Most of the federal whistleblower protection laws enforced by OSHA have required proof that the protected activity was a “contributing factor” in the employer’s decision to take adverse action against the employee. Some of the whistleblower statutes have “kick-out” provisions allowing an employee an option to file a lawsuit in federal court with a jury trial on all issues if OSHA does not reach a final decision on the whistleblower complaint within a certain time period required by the specific statute.

FILING A U.S. DOL/OSHA WHISTLEBLOWER COMPLAINT.

All federal whistleblower protection laws enforced by OSHA described above, require that an employee timely file a whistleblower complaint with OSHA as the first step to enforcing their rights. An OSHA regional office located in Chicago covers Illinois, Indiana, Michigan, Ohio, and Wisconsin. Whistleblower complaints can be filed with OSHA in one or more of the following ways:

  1. Online by going to the OSHA Website at http://www.whistleblowers.gov;
  2. By faxing a copy to the Chicago Regional Office at (312) 353-7774;
  3. By telephone by calling the OSHA Regional Office at (312) 353-2220;
  4. In person at any area office or the Chicago Regional Office located at 230 S. Dearborn Street, Room 3244.

Brian J Graber LLC. is a federal whistleblower attorney practicing federal whistleblower law in Illinois, Indiana, and Michigan. Brian J Graber LLC prepares and files whistleblower complaints with OSHA on behalf of clients and litigates violations of these whistleblower statutes in federal court. If you believe that you have a claim under a federal whistleblower protection law, please call Brian J Graber LLC, in Illinois at (312) 291-4648 or in Indiana at (574) 395-5189 or in Michigan at (269) 230-6054 for a free consultation to see if we can help you.