12 U.S.C. § 1831j — Depository institution employee protection remedy

(a) In general. (1) Employees of depository institutions. An insured depository institution may not fire or otherwise discriminate against an employee in pay or employment terms, conditions, or privileges because the employee, or someone acting at the employee’s request, gave a Federal banking agency or the Attorney General information about (A) a possible law or regulation violation, or (B) gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety by the institution or one of its directors, officers, or employees. (2) Employees of banking agencies. A Federal banking agency, Federal home loan bank^*, Federal Reserve bank, or person^* performing a function or service for the Corporation may not take such action against an employee because the employee or a person acting at the employee’s request reported those matters to the agency, bank, or Attorney General when the conduct was by (A) a depository institution or such bank or agency; (B) its director^*, officer, or employee; (C) an officer or employee of the reporting employee’s agency; or (D) the reporting employee’s employer or its officer or employee.

(b) Enforcement. An employee or former employee who believes subsection (a) was violated may sue in the proper United States district court before two years have passed from the discharge or discrimination. The complainant must also file a copy of the initiating complaint with the appropriate Federal banking agency^*.

(c) Remedies. If the court finds a violation, it may order the violating institution, bank, or agency to (1) reinstate the employee; (2) pay compensatory damages; or (3) take other proper steps to remedy past discrimination.

(d) Limitation. Protection does not cover an employee who (1) deliberately causes or participates in the alleged violation, or (2) knowingly or recklessly gives the agency or Attorney General substantially false information.

(e) Definition. For subsections (a) and (c), “Federal banking agency” means the Corporation, the Federal Reserve Board, the Federal Housing Finance Agency, and the Comptroller of the Currency.

(f) Burdens of proof. The burdens of proof used under subchapter III of chapter 12 of title 5 govern adjudication of protected activity under this section.