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 |