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Retaliation Protection by Subject

Employee Safety

Private-sector employees in businesses affecting interstate commerce and employees of the U.S. Postal Service. Former employees and applicants for employment are also covered.

Employees have the right, among other things, to:

  • File any complaint related to the OSH Act.
  • Exercise any right afforded by the OSH Act. Examples include, but are not limited to, communicating orally or in writing with management personnel about occupational safety or health matters, including asking questions or expressing concerns, requesting safety data sheets, reporting a work-related injury or illness, or requesting copies of OSHA regulations; or participating in an OSHA onsite inspection and refusing to work where there is:
    • a real danger of death or serious physical harm,
    • there is insufficient time to have OSHA or a state OSHA inspect and,
    • where possible, the employee has sought from the employer and been unable to obtain correction of the dangerous condition.

Filing Deadline

STATUTE DAYS TO FILE
Section 11(c) of the Occupational Safety and Health Act 30 days

See "How to File a Complaint" for more details

 

Filing a Safety Complaint

STATUTE AGENCY
OSH Act Contact your local Federal OSHA office or your State OSHA office, which provides protection under a provision similar to section 11(c). Information on States which have State Plans is available here.

Consumer Product, Motor Vehicle, and Food Safety

The definition of employee under the following statutes includes current and former employees and applicants for employment.

Consumer Product Safety Improvement Act (CPSIA)

CPSIA covers employees of consumer product manufacturers, importers, private labelers (owners of a brand or trademark on the private label of a consumer product), distributors, and retailers.

Under this statute, a consumer product generally means any article, or component part thereof, produced or distributed:

  • for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or
  • for the personal use, consumption, or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise.

FDA Food Safety Modernization Act (FSMA)

FSMA covers employees of entities engaged in manufacturing, processing, packing, transporting, distributing, receiving, holding, or importing food. 

Moving Ahead for Progress in the 21st Century Act (MAP-21)

Motor vehicle manufacturers, part suppliers, and dealerships are prohibited from retaliating against employees for reporting motor vehicle defects, reporting violations of motor vehicle safety standards, or engaging in other protected activities.

Consumer Product Safety Improvement Act (CPSIA) 
CPSIA protects employees of covered entities from retaliation for:

  • providing information relating to any violation of, or any act or omission that they reasonably believe to be a violation of the Consumer Product Safety Act (CPSA) or any other Act enforced by the Consumer Product Safety Commission (CPSC), or any order, rule, regulation, standard, or ban under any such Acts to the employer, federal government, or attorney general of a state
  • testifying, assisting, or participating in a proceeding under the laws, orders, rules, regulations, standards, or bans enforced by the CPSC
  • objecting to or refusing to participate in, any activity, policy, practice, or assigned task that they reasonably believe to be in violation of any provision of the CPSA or any other Act enforced by the CPSC, or any order, rule, regulation, standard, or ban under any such Acts

FDA Food Safety Modernization Act (FSMA) 
FSMA protects employees of covered entities from retaliation for:

  • providing information relating to any violation (or any act the employee reasonably believes is a violation) of the Federal Food, Drug, and Cosmetic (FD&C) Act or any order, rule, regulation, standard, or ban under the FD&C Act to the employer, Federal Government, or attorney general of a state
  • testifying, assisting, or participating in a proceeding concerning such a violation; or
  • objecting to or refusing to participate in any activity that the employee reasonably believes to be in violation of the FD&C, or any order, rule, regulation, standard, or ban under the FD&C Act

Moving Ahead for Progress in the 21st Century Act (MAP-21)
MAP-21 protects employees of motor vehicle manufacturers, part suppliers, and dealerships from retaliation for:

  • providing information relating to any motor vehicle defect or alleged violations of Chapter 301 of Title 49 of the United States Code (Chapter 301), including the National Highway Traffic Safety Administration (NHTSA) standards and the federal reporting requirements for auto manufacturers, to the employer, or the U.S. Department of Transportation
  • filing, testifying, assisting, or participating in a proceeding concerning any motor vehicle defect or alleged violation of Chapter 301, including NHTSA standards and the federal reporting requirements for auto manufacturers, or
  • objecting to or refusing to participate in any activity that he or she reasonably believes to be in violation of Chapter 301 or any order, rule, regulation, standard, or ban under Chapter 301.

Filing Deadline

STATUTE DAYS TO FILE
Consumer Product Safety Improvement Act 180 days
FDA Food Safety Modernization Act 180 days
Moving Ahead for Progress in the 21st Century Act 180 days

See "How to File a Complaint" for more details

 

Filing a Related Complaint with the Primary Agency

STATUTE PRIMARY AGENCY
Consumer Product Safety Improvement Act Consumer Product Safety Commission
FDA Food Safety Modernization Act Food and Drug Administration
Moving Ahead for Progress in the 21st Century Act National Highway Traffic Safety Administration

Environmental Protection

Asbestos Hazard Emergency Response Act

Provides protections for employees against retaliation for reporting potential violations of environmental laws relating to asbestos in elementary and secondary schools. Coverage extends to all private sector, state and local government, certain Department of Defense Schools and certain Tribal Schools.

Clean Air Act

Provides protections for employees against retaliation for reporting potential violations relating to emissions from area, stationary, and mobile sources into the air and engaging in other protected activities. Coverage extends to private-sector, federal, state, and municipal employees.

Comprehensive Environmental Response, Compensation, and Liability Act

Provides protections for employees against retaliation for reporting potential violations relating to clean-up of uncontrolled or abandoned hazardous waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment and engaging in other protected activities. Coverage extends to private sector, federal, state, and municipal employees.

Energy Reorganization Act

Employees of the following employers are protected from retaliation for engaging in protected activities:

  • Nuclear Regulatory Commission (NRC) licensees and applicants for licenses;
  • NRC contractors and subcontractors;
  • Contractors and subcontractors of NRC licensees and applicants for licenses;
  • Agreement state licensees, applicants for agreement state licenses, and these entities’ contractors and subcontractors; and
  • Certain Department of Energy (DOE) contractors and subcontractors.

Federal Water Pollution Control Act

Provides protections for employees against retaliation for reporting potential violations relating to discharges of pollutants into the waters of the United States and engaging in other protected activities. Coverage extends to private sector, state and municipal employees, and to employees of Indian tribes.

Safe Drinking Water Act

Provides protections for employees against retaliation for reporting potential violations relating to all waters actually and potentially designed for drinking use, whether from above ground or underground sources, and engaging in other protected activities. Coverage extends to private sector, federal, state and municipal employees, and to employees of Indian Tribes.

Solid Waste Disposal Act

Provides protections for employees against retaliation for reporting potential violations relating to the disposal of solid and hazardous waste at active and future facilities and engaging in other protected activities. Coverage extends to private sector, federal, state and municipal employees, and to employees of Indian tribes.

Toxic Substances Control Act

Provides protections for private-sector employees against retaliation for reporting potential violations relating to industrial chemicals currently produced or imported into the U.S., or engaging in other protected activities.

 

AHERA protects employees from retaliation by covered entities for providing information relating to a potential violation of AHERA to any person, including a State or the Federal Government.

CAA protects employees of covered employers from retaliation for:

  • Commencing, causing to be commenced, or being about to commence a proceeding under the CAA or a proceeding for the administration or enforcement of any requirement imposed under the CAA or under any applicable implementation plan;
  • Testifying or being about to testify in such a proceeding; or
  • Assisting or participating or being about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of the CAA.

These protections have been interpreted broadly to protect a wide variety of actions, such as internal complaints to the employer that touch on the purposes of the CAA, participation in an employer’s internal investigation related to release of pollutants into ambient air, and complaints to federal and state authorities related to the CAA. These protections have also been interpreted to protect conduct, such as refusals to work, refusals to perform an assigned task, or refusals to authorize use of facilities or equipment in certain circumstances.

CERCLA protects employees of covered employers from retaliation for:

  • Providing information to a State or to the Federal Government;
  • Filing, instituting, or causing to be filed or instituted any proceeding under CERCLA; or
  • Testifying, or being about to testify in any proceeding resulting from the administration or enforcement of the provisions of CERCLA.

These protections have been interpreted broadly to protect a wide variety of actions such as internal complaints to the employer that touch on the purposes of CERCLA, participation in an employer’s internal investigation related to CERCLA, and complaints to federal and state authorities related to CERCLA. These protections have also been interpreted to protect conduct, such as refusals to work, refusals to perform an assigned task, or refusals to authorize use of facilities or equipment in certain circumstances.

ERA protects employees of covered employers from retaliation for:

  • Notifying the employer of an alleged violation of the ERA or the Atomic Energy Act (“AEA”);
  • Refusing to engage in any practice that is unlawful under the ERA or the AEA, if the employee has identified the alleged illegality to the employer;
  • Testifying before Congress or at any Federal or State proceeding regarding any provision (or proposed provision) of the ERA or the AEA;
  • Commencing a proceeding under the ERA or the AEA;
  • Testifying, assisting, or participating in a proceeding under the ERA or AEA; or
  • Assisting or participating in any other action to carry out the purposes of the ERA or the AEA.

FWPCA, also known as the Clean Water Act, protects employees of covered employers from retaliation for:

  • Filing, instituting, or causing to be filed or instituted any proceeding under FWPCA; or
  • Testifying or being about to testify in any proceeding resulting from the administration or enforcement of the provisions of the FWPCA.

These protections have been interpreted broadly to protect a wide variety of actions, such as internal complaints to the employer that touch on the purposes of the FWPCA, participation in an employer’s internal investigation related to the FWPCA, and complaints to federal and state authorities related to the FWPCA. These protections have also been interpreted to protect conduct, such as refusals to work, refusals to perform an assigned task, or refusals to authorize use of facilities or equipment in certain circumstances.

SDWA protects employees of covered employers from retaliation for:

  • Commencing, causing to be commenced, or being about to commence a proceeding under the SDWA or a proceeding related to the administration or enforcement of drinking water regulations or underground injection control programs of a State;
  • Testifying or being about to testify in such a proceeding; or
  • Assisting or participating in or being about to assist or participate in any matter in such a proceeding or in any other action to carry out the purposes of the SDWA.

These protections have been interpreted broadly to protect a wide variety of actions such as internal complaints to the employer that touch on the purposes of the SDWA, participation in an employer’s internal investigation related to the SDWA, and complaints to federal and state authorities related to the SDWA. These protections have also been interpreted to protect conduct such as refusals to work, refusals to perform an assigned task, or refusals to authorize use of facilities or equipment in certain circumstances.

SWDA protects employees of covered employers from retaliation for:

  • Filing, instituting, or causing to be filed or instituted, any proceeding under the SWDA or under any applicable implementation plan; or
  • Testifying, or being about to testify, in any proceeding resulting from the administration or enforcement of the provisions of the SWDA or any applicable implementation plan.

These protections have been interpreted broadly to protect a wide variety of actions such as internal complaints to the employer that touch on the purposes of the SWDA, participation in an employer’s internal investigation related to the SWDA, and complaints to federal and state authorities related to the SWDA. These protections have also been interpreted to protect conduct, such as refusals to work, refusals to perform an assigned task, or refusals to authorize use of facilities or equipment in certain circumstances.

TSCA protects employees of covered employers from retaliation for:

  • Commencing, causing to be commenced, or being about to commence or cause to be commenced a proceeding under TSCA;
  • Testifying or being about to testify in any such proceeding; or
  • Assisting or participating, or being about to assist or participate, in any matter in such a proceeding or in any other action to carry out the purposes of TSCA.

These protections have been interpreted broadly to protect a wide variety of actions, such as internal complaints to the employer that touch on the purposes of TSCA, participation in an employer’s internal investigation related to TSCA, and complaints to federal authorities related to TSCA. These protections have also been interpreted to protect conduct, such as refusals to work, refusals to perform an assigned task, or refusals to authorize use of facilities or equipment in certain circumstances.

Filing Deadline

STATUTE DAYS TO FILE
Clean Air Act 30 days
Comprehensive Environmental Response, Compensation, and Liability Act 30 days
Federal Water Pollution Control Act 30 days
Safe Drinking Water Act 30 days
Solid Waste Disposal Act 30 days
Toxic Substances Control Act 30 days
Asbestos Hazard Emergency Response Act 90 days
Energy Reorganization Act 180 days

See "How to File a Complaint" for more details

 

Filing a Related Complaint with the Primary Agency

STATUTE PRIMARY AGENCY
  • Asbestos Hazard Emergency Response Act
  • Clean Air Act
  • Comprehensive Environmental Response, Compensation and Liability Act
  • Federal Water Pollution Control Act
  • Safe Drinking Water Act
  • Solid Waste Disposal Act
  • Toxic Substances Control Act
 Environmental Protection Agency
  • Energy Reorganization Act
 Nuclear Regulatory Commission;
Department of Energy
 

Fraud and Financial Issues

The definition of employee under the following statutes includes current and former employees and applicants for employment.

Anti-Money Laundering Act (AMLA)

AMLA protects whistleblowers, defined as any individual who provides, or two or more individuals acting jointly who provide, information relating to a covered violation to their employer (including as part of the job duties of the individual or individuals) or to the Secretary of the Treasury or the Attorney General, or who engage in other protected activity under AMLA.

AMLA does not apply 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).

Consumer Financial Protection Act (CFPA)

Employees who work for a covered person (employer or individual) that offers or provides a consumer financial product or service and certain affiliates are covered. Employees of service providers to a covered person are also protected.

Employees must perform tasks relating to offering or providing consumer financial products or services in order to be covered under the CFPA.

Consumer financial products or services include a wide variety of financial products or services offered or provided for use by consumers primarily for personal, family, or household purposes, such as residential mortgage lending and servicing, private student lending and servicing, payday lending, consumer credit reporting, credit cards and related activities, prepaid debit cards, and more. For more information on consumer financial products and services, visit www.consumerfinance.gov.

Criminal Antitrust Anti-Retaliation Act (CAARA)

CAARA prohibits employers from discriminating against employees, contractors, subcontractors, or agents for engaging in protected activity. Covered employers include corporations or associations existing under and authorized by the laws of the U.S., a territory of the U.S., a State, or a foreign country. The term employer under CAARA includes any officer, employee, contractor, subcontractor, or agent of an employer.

Sarbanes-Oxley Act (SOX)

Employees who work for a company that has a class of securities registered under Section 12 of the Securities Exchange Act of 1934 (the Act) or is required to file reports under Section 15(d) of that Act are covered under SOX. Employees who work for certain subsidiaries, as well as employees of contractors, subcontractors, and agents of covered companies are also covered. Employees who work for nationally recognized statistical rating organizations, as defined in Section 3(a) of the Act, and employees who work for their contractors, subcontractors, and agents are covered.

Taxpayer First Act (TFA)

No employer, or any officer, employee, contactor, subcontractor, or agent of an employer may discharge or in any other manner retaliate against an employee for engaging in protected activity under TFA

Anti-Money Laundering Act (AMLA)

Whistleblowers are protected from retaliation for:

  • Providing information regarding a violation of 31 U.S.C. Chapter 53 subchapter II (relating to records and reports on monetary instruments) or 31 U.S.C. Chapter 53 subchapter III (relating to money laundering and related financial crimes), when the information is provided to:
    • The Secretary of the Treasury
    • The Attorney General
    • A Federal regulatory or law enforcement agency
    • Any Member of Congress or any committee of Congress, or
    • A person with supervisory authority over the whistleblower, or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct
  • Initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Department of the Treasury or the Department of Justice that is based upon or related to information regarding a violation of 31 U.S.C. Chapter 53 subchapter II or 31 U.S.C. Chapter 53 subchapter III
  • 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 Treasury, or a violation of section 1956, 1957, or 1960 of title 18 (or any rule or regulation under such provision), when the information is provided to:
    • A person with supervisory authority over the whistleblower at the employer of the whistleblower, or
    • 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.

Consumer Financial Protection Act (CFPA)

Employees are protected from retaliation for:

  • providing information relating to any violation of the CFPA or any other provision of law that is subject to the jurisdiction of the Consumer Financial Protection Bureau (CFPB), or any rule, order, standard, or prohibition prescribed by the CFPB, to:
    • their employer,
    • the CFPB, or
    • any other Federal, state, or local government authority or law enforcement agency
  • testifying in, filing, or instituting proceedings under any of these provisions; or
  • objecting to or refusing to participate in any conduct that the employee reasonably believes violates any of these provisions.

Criminal Antitrust Anti-Retaliation Act (CAARA)

Covered individuals are protected from retaliation for:

  • Providing or causing to be provided certain information to:
    • The Federal Government, or
    • A person with supervisory authority over the covered individual, or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct
  • Initiating, testifying in, participating in, or otherwise assisting in certain Federal Government investigations or proceedings filed or about to be filed (with any knowledge of the employer).

The information or investigation must relate to an act or omission that the individual reasonably believes to be:

  • A criminal violation of the antitrust laws (section 1 or 3 of the Sherman Act (15 U.S.C. 1 and 3)), or
  • 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.

Sarbanes-Oxley Act (SOX)

Employees are protected from retaliation for:

  • Providing information to, causing information to be provided to, or assisting in an investigation by
    • A federal regulatory or law enforcement agency
    • A member or committee of Congress, or
    • A person with supervisory authority over the employee or other person working for the employer who has authority to investigate, discover, or terminate misconduct
    The information or investigation must relate to conduct that the employee reasonably believes is a violation of federal mail fraud, wire fraud, bank fraud, or securities fraud statutes; a violation of Securities and Exchange Commission rules or regulations; or a violation of any provision of Federal law relating to fraud against shareholders.
  • Filing, causing to be filed, testifying, participating in, or otherwise assisting in a proceeding related to an alleged violation of one of the above categories of law.

Taxpayer First Act (TFA)

Employees are protected from retaliation for:

  • providing information, causing information to be provided, or otherwise assisting in an investigation regarding underpayment of tax or any conduct which the employee reasonably believes constitutes a violation of the internal revenue laws or any provision of Federal law relating to tax fraud, when the information or assistance is provided to:
    • the Internal Revenue Service
    • the Secretary of the Treasury
    • the Treasury Inspector General for Tax Administration
    • the Comptroller General of the United States
    • the Department of Justice
    • the United States Congress
    • a person with supervisory authority over the employee, or any other person working for the employer who has the authority to investigate, discover, or terminate misconduct, or
  • testifying, participating in, or otherwise assisting in any administrative or judicial action taken by the Internal Revenue Service relating to an alleged underpayment of tax or any violation of the internal revenue laws or any provision of Federal law relating to tax fraud.

Filing Deadline

STATUTE DAYS TO FILE
Anti-Money Laundering Act 90 days
Consumer Financial Protection Act 180 days
Criminal Antitrust Anti-Retaliation Act 180 days
Sarbanes-Oxley Act 180 days
Taxpayer First Act 180 days

See "How to File a Complaint" for more details

 

Filing a Related Complaint with the Primary Agency

STATUTE PRIMARY AGENCY
Consumer Financial Protection Act Consumer Financial Protection Bureau
Criminal Antitrust Anti-Retaliation Act DOJ Antitrust Division
Sarbanes-Oxley Act Securities and Exchange Commission
Taxpayer First Act Internal Revenue Service
IRS Form 211 IRS Form 211

Health Insurance

The broad definitions of employer and employee in the Fair Labor Standards Act, 29 U.S.C. 203, apply to the ACA whistleblower protection provision. Most public and private sector employees are covered. Former employees and applicants for employment are also covered.

Employees are protected from retaliation for:

  • Providing information relating to any act or omission that the employee reasonably believes violates Title I of ACA (or any amendment made by Title I of the ACA) to the employer, the Federal government, or a State’s attorney general;
  • Testifying, assisting, or participating in a proceeding relating to violations of Title I of ACA;
  • Objecting to, or refusing to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes violates Title I of ACA or any order, rule, regulation, standard or ban under Title I of ACA; or
  • Receiving a premium tax credit or cost-sharing reduction for purchasing health insurance through a Marketplace (also known as an Exchange).

Filing Deadline

STATUTE DAYS TO FILE
Affordable Care Act 180 days

See "How to File a Complaint" for more details

Transportation Services

Federal Railroad Safety Act (FRSA)

Railroad carriers and their contractors and subcontractors are prohibited from retaliating against employees for reporting certain safety and security violations, or engaging in other protected activities.

International Safe Container Act (ISCA)

Employees who report the existence of an unsafe intermodal container or a violation of the ISCA are protected from retaliation for making such reports.

National Transit Systems Security Act (NTSSA)

Public transportation agencies and their contractors and subcontractors are prohibited from retaliating against employees for reporting certain safety and security violations, or engaging in other protected activities.

Pipeline Safety Improvement Act (PSIA)

Owners and operators of pipeline facilities and their contractors and subcontractors are prohibited from retaliating against employees for reporting potential violations of federal law related to pipeline safety or engaging in other protected activities.

Seaman’s Protection Act (SPA)

Provides protection from retaliation for seamen for engaging in certain protected activities pertaining to compliance with maritime safety laws and regulations. A seaman is any individual (except a member of the Armed Forces) engaged (i.e. serving as an independent contractor) or employed in any capacity on board a U.S.-flag vessel or any other vessel owned by a “citizen of the United States” as defined in the SPA regulations at 29 CFR Part 1986. That definition includes corporations incorporated or having a principal place of business in the United States. SPA applies to such vessels wherever located.

Surface Transportation Assistance Act (STAA)

STAA prohibits retaliation for certain protected activities against private-sector drivers (including independent contractors operating a personal commercial motor vehicle) and other employees (including mechanics and freight handlers) involved in activities directly affecting commercial motor vehicle safety or security. A commercial motor vehicle covered by STAA is defined as any self-propelled or towed vehicle used on the highway in commerce principally to transport cargo or passengers. To qualify for coverage, such a vehicle must also:

  • Have a vehicle weight rating or gross vehicle weight of at least 10,001 pounds (whichever is greater); or,
  • Be designed to transport more than 10 passengers, including the driver; or,
  • Transport materials deemed hazardous by the Secretary of Transportation in a quantity requiring placarding (posting) under applicable regulations.

Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)

Holders of a certificate under 49 U.S.C. 44704 or 44705, or contractors, subcontractors, or suppliers of such holder, are prohibited from retaliating against employees for reporting alleged violations of federal laws related to aviation safety or engaging in other protected activities.

 

Covered employers are prohibited from retaliating against an employee for:

  • Providing information to, causing information to be provided to, or assisting in an investigation by a federal regulatory or law enforcement agency, a member or committee of Congress, or the employer about an alleged violation of federal laws and regulations related to railroad safety and security, or about gross fraud, waste or abuse of federal grants or other public funds intended for railroad safety or security;
  • Refusing to violate or assist in a violation of any federal law, rule, or regulation relating to railroad safety or security;
  • Filing a complaint, causing a proceeding to be brought, cooperating with an investigation or testifying in a proceeding under federal laws or regulations relating to railroad safety or security;
  • Reporting a hazardous safety or security condition;
  • Reporting a work-related injury or illness;
  • Accurately reporting hours of duty;
  • Refusing to work when confronted with an imminent hazardous safety or security condition (provided that certain conditions exist);
  • Refusing to authorize the use of any safety- or security-related equipment, track or structures if those structures present an imminent hazardous safety or security condition (provided that certain conditions exist); or
  • Requesting medical or first-aid treatment or following orders or a treatment plan of a treating physician for a work-related injury

Employees may report the existence of an unsafe intermodal cargo container or a violation of ISCA.

Covered employers are prohibited from retaliating against an employee for:

  • Providing information to, causing information to be provided to, or assisting in an investigation by a federal regulatory or law enforcement agency, a member or committee of Congress, or the employer about an alleged violation of federal laws, rules, or regulations related to public transportation safety or security, or about fraud, waste, or abuse of federal grants or other public funds intended for public transportation safety or security;
  • Refusing to violate or assist in a violation of any federal law, rule, or regulation relating to public transportation safety or security;
  • Filing a complaint, causing a proceeding to be brought, or testifying in a proceeding under one of these laws, rules or regulations;
  • Reporting a hazardous safety or security condition;
  • Refusing to work when confronted with an imminent hazardous safety or security condition (provided that certain conditions exist);
  • Refusing to authorize the use of any safety- or security- related equipment, track, or structures if those structures present an imminent hazardous safety or security condition (provided that certain conditions exist).

Covered employers are prohibited from retaliating against an employee because the employee:

  • Provided, caused to be provided, or is about to provide or cause to be provided, to the employer or the Federal Government information relating to any violation or alleged violation of federal pipeline safety law;
  • Refused to engage in any practice made unlawful by federal pipeline safety law, if the employee has identified the alleged illegality to the employer;
  • Provided, caused to be provided, or is about to provide or cause to be provided, testimony before Congress or at any Federal or State proceeding regarding any provision (or proposed provision) of federal pipeline safety law;
  • Commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under federal pipeline safety law, or a proceeding for the administration or enforcement of any requirement imposed under federal pipeline safety law;
  • Provided, caused to be provided, or are about to provide or cause to be provided, testimony in any proceeding described in the previous bullet; or
  • Assisted or participated or is about to assist or participate in any manner in such a proceeding in any other action to carry out the purposes of federal pipeline safety law.

A person may not discharge or in any other manner retaliate against a seaman because the seaman:

  • Provides information relating to a violation of maritime safety laws or regulations to the U.S. Coast Guard or other appropriate Federal agency or department; refused to lie to the Government about such matters; was about to provide such information (including situations in which the seaman provides information to the employer and says he or she plans to report to the authorities or when he or she has a history of such reporting); or sought the correction of a condition which he or she reasonably believes could result in serious injury or serious impairment of health;
  • Testifies in a proceeding brought to enforce a maritime safety law or regulation, this includes making an internal complaint, such as to a master, captain, or other supervisor, relating to a violation of a maritime safety regulation;
  • Refuses to perform duties ordered because of a reasonable apprehension of serious injury or serious impairment of health to the seaman, other seaman, or the public, if the seaman has first requested that the employer correct the dangerous condition and has been unable to obtain the correction;
  • Notifies or attempts to notify the vessel owner or the U.S. Coast Guard of a work-related injury or illness of a seaman;
  • Cooperates with a safety investigation by the U.S. Coast Guard or the National Transportation Safety Board;
  • Furnishes information to any public official relating to any marine casualty where there is death, injury, or damage to property occurring in connection with vessel transportation; or
  • Accurately reports hours of duty under Part A, Subtitle II, Title 46 of the Code of Federal Regulations.

Persons may not retaliate against employees covered under STAA because the covered employees:

  • filed a complaint or initiated or participated in a proceeding related to the violation of a commercial motor vehicle safety or security rule; or
  • cooperated with federal safety or security investigations involving commercial motor vehicles by the U.S. Department of Transportation, the U.S. Department of Homeland Security, or the National Transportation Safety Board; or
  • provided information in an investigation by a federal, state, or local regulatory or law enforcement agency relating to any accident or incident resulting in injury or death or property damage that occurred in connection with commercial motor vehicle transportation.

In addition, under STAA, employers may not discharge or in any other manner retaliate against covered employees for refusing to operate a vehicle because doing so would violate a federal commercial motor vehicle rule related to safety, health, or security or because an employee had a reasonable apprehension of serious injury to himself/herself or to the public related to a vehicle’s safety or security condition; to qualify for protection under the "reasonable apprehension clause" the employee must have sought from the employer and been unable to obtain correction of the unsafe condition. STAA also prohibits an employer from discharging or otherwise retaliating against an employee for accurately reporting hours of service (HOS). (For more detail about federal HOS requirements, please visit the Federal Motor Carrier Safety Administration’s website). Employees are also protected from retaliation for protected activities perceived by the employer.

Holders of a certificate under 49 U.S.C. 44704 or 44705, or a contractor, subcontractor, or supplier of such holder, may not discharge an employee or otherwise discriminate against an employee because the employee:

  • Provided information, or caused information to be provided to the employer or the federal government relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to aviation safety.
  • Filed, caused to be filed, participated in, or assisted in a proceeding under one of these categories of law.

Filing Deadline

STATUTE DAYS TO FILE
International Safe Container Act 60 days
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century 90 days
Federal Railroad Safety Act 180 days
National Transit Systems Security Act 180 days
Pipeline Safety Improvement Act 180 days
Seaman’s Protection Act 180 days
Surface Transportation Assistance Act 180 days

See "How to File a Complaint" for more details

 

Filing a Related Complaint with the Primary Agency

STATUTE PRIMARY AGENCY
Federal Railroad Safety Act Federal Railroad Administration
International Safe Container Act U.S. Coast Guard
Pipeline Safety Improvement Act Pipeline and Hazardous Materials Safety Administration
Seaman’s Protection Act U.S. Coast Guard
Surface Transportation Assistance Act Federal Motor Carrier Safety Administration
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century Federal Aviation Administration