Whistleblower Employment Protections Archives

Are CFTC whistleblowers protected against retaliation?

Yes, Section 23(h)(1) of the Commodity Exchange Act prohibits retaliation by a covered employer against a whistleblower. The whistleblower protection provision of the CEA is … Continued

Which whistleblower protection laws employ the contributing factor causation standard?

The “contributing factor” causation standard is favorable for whistleblowers. The words “a contributing factor” means any factor which, alone or in connection with other … Continued

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Several federal and state anti-retaliation laws prohibit an employer from retaliating against an employee on account of the employee’s testimony or assistance in an investigation. … Continued

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent application of an employer’s policies; an employer’s shifting explanations for … Continued

What whistleblowing is protected under the False Claims Act anti-retaliation provision?

False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act (“FCA”), protects “lawful acts done by the employee, contractor, agent or associated … Continued

SEC Whistleblower Program: What employment protections are available for SEC whistleblowers?

The Dodd-Frank Act, which created the SEC Whistleblower Program, prohibits retaliation against whistleblowers for raising concerns about potential securities law violations. Remedies for a … Continued

What is perceived whistleblowing?

Courts and administrative tribunals have construed whistleblower protection laws to protect employees from adverse employment actions because they are suspected of having engaged in protected … Continued