Protecting Workers Against Retaliation For Whistleblowing

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Protecting workers against retaliation for complaining to their employers or their trade union, the Occupational Safety and Health Act (OSH Act) and a number of other laws were designed to protect whistleblowers. The law states that they may not be transferred, denied a raise, have their hours reduced, or are fired or punished in any other way.

Pursuant to the laws that protect informants, discrimination complaints must be filed within 30 days of the alleged reprisal. Occupational Safety and Health Act staff will readily explain the protections available under the whistleblower laws as well as the deadlines for filing complaints.

Workers including private sector employees may file complaints for retaliation with either a federal Occupational Safety or Health Act Area or with a State Plan representative. States operating Occupational Safety and Health Acts also protect state and local government employees against retaliation, but in those states, public sector workers can file complaints for retaliation only with State Plan representatives.

Employees who believe that their employer has discriminated or retaliated against them for raising or reporting safety or health concerns under the Occupational Safety and Health Act, may file a complaint if they believe that their employer has discriminated against them for reporting protected safety concerns involving a variety of offences that are relative to the specific trade or profession that they are involved in, be it blue collar or white collar.

Also enforced by the US Department of Labor are various other anti-retaliation provisions covering several other statutes that are not administered by the Occupational Safety and Health Act?

Generally, the employee protection laws prohibit an employer from dismissing or displaying any other form of discrimination against any employee, regarding the employee's salary compensation, terms and conditions or employment, or previously negotiated privileges of employment because the employee engaged in specified "protected" activities, such as whistleblowing.

Any company or federal employee who believes that they have been a victim of discrimination are entitled to file a complaint with the Occupational Safety and Health Act officers and are entitled to the full protection of the law.