Nuclear Whistleblower Litigation |
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The Firm's attorneys are nationally recognized for their successful representation of nuclear whistleblowers at plants throughout the United States. For over two decades, we have been at the forefront in advising and representing nuclear whistleblowers whose livelihoods and careers have been threatened as a result of their conscientious pursuit of nuclear safety concerns. At Katz, Marshall & Banks, we are deeply committed to representing this brave group of nuclear workers, as we recognize that nuclear whistleblowers are the "eyes and ears" of the public in the nation's nuclear industry. Without their vigilance, unsafe conditions would go unchecked and have devastating consequences to the health and safety of the industry's workers and the communities surrounding nuclear facilities.
The Energy Reorganization Act of 1978 (ERA) provides strong protections for contractors and employees who provide information about, or participate in investigations relating to, what they believe to be violations of nuclear safety laws and standards. Since its enactment, the ERA has applied broadly to all licensees of the Nuclear Regulatory Commission (NRC), their subsidiaries, and their contractors and subcontractors - in other words, to any company that is involved in the construction, maintenance, operation or clean-up of a nuclear facility. Congress extended the statute's coverage in August 2005 when it amended the ERA to protect employees of the NRC and Department of Energy (DOE) themselves, as well as their contractors and subcontractors.
The ERA prohibits an employer from retaliating against an employee of a nuclear facility for engaging in protected activity. This would include firings, demotions, cuts in pay or denial of promotions, negative evaluations, or placement on a performance improvement plan. It could also include harassment, threats, reassignment of job duties and responsibilities, assignment of undesirable shifts, micromanagement, excessive supervision, or exclusion from important company activities.
The attorneys at Katz, Marshall & Banks have represented scores of nuclear workers and have assisted them in pursuing ERA claims before the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), in hearings before DOL Administrative Law Judges, and in federal court.
For an overview of information that workers in the nuclear industry need to know before blowing the whistle on nuclear safety issues, see Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections Act At A Glance.
