Whistleblower Law Blog
Protected Activity? These Three Whistleblower Retaliation Cases Help Clarify
June 15, 2016
Retaliation occurs when an employer takes an adverse action against an individual because she engaged in protected activity. This definition seems simple enough, but employees and employers alike are often left uncertain whether the actions taken by the employee constitute protected activity. Below are some examples to help...
How Teachers and Coaches Can Defend Against Sexual Harassment
June 14, 2016
Over forty years ago, Congress enacted Title IX of the Education Amendments of 1972 (Title IX) to eliminate sex discrimination in educational institutions. Though much progress has been made since Title IX’s enactment, gender equity issues continue to plague colleges and universities. While responsibility for ensuring full and...
Hicks v. D.C.: Retaliation Protections and the “Reverse False Claim”
June 9, 2016
Among the many laws that protect whistleblowing employees, the federal False Claims Act (FCA), and its counterpart state laws, are an important source of anti-retaliation protections. First enacted in 1863 to help prevent fraud against the Union Army, the law has been updated several times over the years, most recently in a...
OSHA Orders Employer to Pay Damages to FRSA Whistleblower
June 7, 2016
Transportation workers have to feel free to report safety hazards. That was the principle at the foundation of the recent finding by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) in a case brought by a whistleblower against the commercial rail carrier CSX Transportation Inc. In the case,...
4th Circuit Upholds SOX Whistleblower Protections
June 1, 2016
The 4th Circuit Court of Appeals – which hears appeals from federal courts in Maryland, Virginia, West Virginia, North Carolina and South Carolina – recently issued an opinion affirming a sizeable award to an employee who was retaliated against in violation of the Sarbanes-Oxley Act (SOX). The case, Deltek, Inc. v. Department...
SCOTUS Adopts New Rule Regarding Constructive Discharge Filings
May 31, 2016
All discrimination, retaliation, and whistleblower claims have strict timelines – often within 180 or 300 days – for making complaints about such potential violations to the relevant government agencies. Employees of the federal government also have just 45 days to make complaints to individuals in their agencies to begin the...
Study Shows Spike in Family Responsibilities Discrimination Claims
May 27, 2016
The Center for WorkLife Law at the University of California’s Hastings College of the Law has just published a fascinating new study analyzing over 4,000 employment suits filed in claims related to balancing employee’s family responsibilities with work, which the study refers to as family responsibilities discrimination (FRD)....
Government Takes on Mandatory Arbitration Clauses in CFPB Proposed Rule
May 19, 2016
If you have ever signed up for a credit card or checking account, then you are probably familiar with the lengthy, complicated contracts that typically accompany such consumer financial products. Because these contracts are standard, most consumers assume that they operate like basic contracts, and that in the event of a breach...
Recent Cases Reflect that Broadened Scope of FCA Is Catching On
May 13, 2016
What must an individual do to receive protection from retaliation under the False Claims Act (FCA)? Seven years after major revisions to the FCA, the frustrating answer for plaintiffs, defendants and their counsel is “It depends.”
Enacted during the Civil War, the FCA has undergone dramatic changes during the past 30 years...
OSHA Publishes Rules Affecting Food, Auto and Financial Services Workers
May 10, 2016
In three recent regulatory initiatives, the U.S. Occupational Safety and Health Administration (OSHA) publicized procedures and remedies for workers in the food production, financial services and automotive industries. It also continued its practice of making the protections and legal standards consistent with whistleblower...
