Whistleblower Laws - Whistleblower Protections

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Federal and State Laws Protect Whistleblowers

When Congressional investigators were pouring over documents flowing from the wreckage of Enron, they came across a memo written by a little known executive named Sherron Watkins. The memo, written to Enron Board Chairman Ken Lay, outlined concerns that she had with the company's accounting. After testimony before Congress and write-ups in some of the nation's largest magazines, Watkins became one of the nation's most famous whistleblowers.

Subsequent to the Enron debacle, Congress passed the Sarbanes-Oxley Law which provides protections for whistleblowers like Watkins. The provisions of Sarbanes-Oxley add to a web of other federal statutes protecting whistleblowers. While some of these federal statutes are listed below, it important to note that employees may be protected by one or more statutes and therefore it is important to consult an attorney to determine one's specific rights.

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. § 2003(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	3 years	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

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