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15 U.S.C. § 7a–3Anti-retaliation protection for whistleblowers

submitted 6 years ago by Pub. L. 108-237 to r/title-15-COMMERCE-AND-TRADE · 930 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects employees who report antitrust violations from being fired or punished for it. It doesn't protect someone who planned the violation themselves. Whistleblowers can file with the Labor Department or sue in court, and can win reinstatement, back pay, and other costs.

(a) Whistleblower protections for employees, contractors, subcontractors, and agents. (1) An employer cannot fire, demote, suspend, threaten, harass, or otherwise discriminate against a "covered individual" for lawfully (A) giving the federal government, or someone at the employer with authority to investigate or stop misconduct, information about a violation, or believed violation, of the antitrust laws — or of another criminal law committed alongside a potential antitrust violation or a related Department of Justice investigation — or (B) causing a federal investigation or proceeding about such a violation to be filed, or testifying in, participating in, or otherwise helping with one. (2) These protections don't apply to someone who (A) planned and started an antitrust violation or attempted one, (B) planned and started another criminal violation alongside an antitrust violation, or (C) planned and started obstructing, or attempting to obstruct, a Department of Justice antitrust investigation. (3) This subsection defines: "antitrust laws" as section 1 or 3 of this title; "covered individual" as an employee, contractor, subcontractor, or agent of an employer; "employer" as a person, or any officer, employee, contractor, subcontractor, or agent of that person; "Federal Government" as a federal regulatory or law-enforcement agency, or any Member of Congress or congressional committee; and "person" as having the same meaning given to it in section 12(a) of this title. (4) A "violation" of the antitrust laws does not include a civil violation of a law that isn't also a criminal violation. (b) Enforcement action. (1) A covered individual who claims discrimination in violation of subsection (a) can seek relief under subsection (c) by (A) filing a complaint with the Secretary of Labor, or (B) if the Secretary hasn't issued a final decision within 180 days and the delay isn't the claimant's fault, filing a lawsuit for a fresh review in the appropriate U.S. district court, which has jurisdiction no matter the dollar amount at stake. (2) A Labor Department complaint follows the procedures in 49 U.S.C. § 42121(b); notice under that provision goes to anyone named in the complaint and to the employer; a lawsuit filed under (b)(1)(B) follows the same burden-of-proof rules as that provision; a Labor Department complaint must be filed within 180 days of the violation; and if someone doesn't comply with a Labor Department order, the Secretary or the person the order protects may sue in federal district court to enforce it. (c) Remedies. (1) A covered individual who prevails under (b)(1) gets whatever relief makes them whole. (2) That includes: (A) reinstatement at the same seniority level the individual would have had without the discrimination; (B) back pay with interest; and (C) compensation for special damages, including litigation costs, expert witness fees, and reasonable attorney's fees. (d) Rights retained by whistleblowers. Nothing in this section reduces any rights, privileges, or remedies a covered individual has under other federal or state law, or under a collective bargaining agreement.
the actual law source: uscode.house.gov ↗public domain
(a) Whistleblower protections for employees, contractors, subcontractors, and agents
(1) In general

No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because of any lawful act done by the covered individual—

(A)

to provide or cause to be provided to the Federal Government or a person with supervisory authority over the covered individual (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct) information relating to—

(i)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or

(ii)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or

(B)

to cause to be filed, testify in, participate in, or otherwise assist a Federal Government investigation or a Federal Government proceeding filed or about to be filed (with any knowledge of the employer) relating to—

(i)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or

(ii)

any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws.

(2) Limitation on protections

Paragraph (1) shall not apply to any covered individual if—

(A)

the covered individual planned and initiated a violation or attempted violation of the antitrust laws;

(B)

the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or

(C)

the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws.

(3) Definitions

In this section:

(A) Antitrust laws

The term “antitrust laws” means section 1 or 3 of this title.

(B) Covered individual

The term “covered individual” means an employee, contractor, subcontractor, or agent of an employer.

(C) Employer

The term “employer” means a person, or any officer, employee, contractor, subcontractor, or agent of such person.

(D) Federal Government

The term “Federal Government” means—

(i)

a Federal regulatory or law enforcement agency; or

(ii)

any Member of Congress or committee of Congress.

(E) Person

The term “person” has the same meaning as in subsection (a) of section 12 of this title.

(4) Rule of construction

The term “violation”, with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation.

(b) Enforcement action
(1) In general

A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by—

(A)

filing a complaint with the Secretary of Labor; or

(B)

if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.

(2) Procedure
(A) In general

A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49.

(B) Exception

Notification made under section 42121(b)(1) of title 49 shall be made to any individual named in the complaint and to the employer.

(C) Burdens of proof

An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49.

(D) Statute of limitations

A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs.

(E) Civil actions to enforce

If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures set forth in section 42121(b) of title 49, the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred.

(c) Remedies
(1) In general

A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole.

(2) Compensatory damages

Relief for any action under paragraph (1) shall include—

(A)

reinstatement with the same seniority status that the covered individual would have had, but for the discrimination;

(B)

the amount of back pay, with interest; and

(C)

compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney’s fees.

(d) Rights retained by whistleblowers

Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.

Source credit: (Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 108-237 · 134 Stat. 1147

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-237 on 2020-12-23.

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