Anti-retaliation provision
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Victories for Workers
In the U.S. Supreme Court's 2005-06 term, which saw two new conservative justices, Chief Justice John G. Roberts Jr. and Associate Justice Samuel A. Alito Jr., assume the bench and change the court's ideological balance, few could have predicted the number of significant victories for workers. Issuing decisions notable for their lack of dissent, as well as their largely pro-employee results, the court rejected the heightened standards for retaliation claims under Title VII of the Civil Rights Act of 1964 favored by employers and several courts of appeals; provided a more expansive view of certain evidentiary and jurisdictional issues under Title VII; and enlarged the scope of compensable work for wage and hour employees under the Fair Labor Standards Act. -
The Right to Complain
The boss retaliated when you claimed discrimination? A new ruling makes him pay. Even exclusion from lunch invitations at the workplace can support claims of retaliations. -
Whistleblowers: Can a Whistleblower Get Justice? Can Her Lawyer Get Paid?
The U.S. Department of Labor (DOL) oversees the implementation and enforcement of various statutes designed to protect employees from retaliation when they report unsafe environmental practices. The purpose of these anti-retaliation provisions is generally to protect employees whose actions aid the government in the enforcement of laws designed to protect the public. See English v. General Elec. Co., 496 U.S. 72 (1990) (noting that the "protection of employees" is the primary purpose of the environmental whistleblower statutes); Passaic Valley Sewerage Comm'rs v. Dept. of Labor, 992 F.2d 474, 479 (3rd Cir. Apr. 16, 1993) ("Whistleblower provisions are intended to promote a working environment in which employees are relatively free from the debilitating threat of employment reprisals for publicly asserting company violations of statutes protecting the environment such as the Clean Air Act and nuclear safety statutes."); Willy v. Coastal Corp. 855 F2d 1160 (5th Cir. 1988). -
Whistleblowing, Sarbanes-Oxley, and Retaliation Claims, ALI-ABA Course of Study
Undoubtedly the most widely discussed federal whistleblower statute is the enacted provision of the Sarbanes-Oxley Act of 2002, Pub. L. No. 107-204 (July 30, 2002) that protects certain corporate whistleblowers who report financial or securities-related wrongdoing. As of March 21, 2006, 714 Sarbanes-Oxley whistleblower cases had been filed with the Department of Labor. Given increased media exposure and employee education about this law, and the breadth of the coverage and protections afforded, one can only anticipate a proliferation in the number of cases filed.