Which whistleblower protection laws employ the contributing factor causation standard?

 

The “contributing factor” causation standard is favorable for whistleblowers.  The words “a contributing factor” mean any factor which, alone or in connection with other factors, tends to affect in any way the outcome of the personnel decision.  Marano v. Dept. of Justice, 2 F.3d 1137, 1140 (Fed. Cir.1993).  A whistleblower can establish a prima facie case that their protected activity was a contributing factor in the adverse action by circumstantial evidence, including:

The following whistleblower protection laws administered by the Department of Labor employ the contributing factor causation standard:

Congress also included the same burdens of proof in three corporate whistleblower laws not administered by the Department of Labor:

Zuckerman Law Amicus Curiae Brief Filed on Behalf of Senator Wyden and Representative Speier Clarifying the Contributing Factor Causation Standard

In July 2021, whistleblower protection law firm Zuckerman Law filed this amicus curiae brief in the Second Circuit concerning the appropriate causation standard under federal whistleblower protection laws.

AMICUS CURIAE BRIEF OF SENATOR RON WYDEN AND REPRESENTATIVE JACKIE SPEIER AND IN SUPPORT OF THE PLAINTIFF-APPELLEE-CROSS-APPELLANT

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