18 U.S.C. § 1514A — Civil action to protect against retaliation in fraud cases

(a) Protection for employees of publicly traded companies. A company with securities registered under section 12 of the Securities Exchange Act of 1934, a company required to file reports under section 15(d) of that Act, a subsidiary or affiliate whose financial information is included in the company’s consolidated financial statements, or a nationally recognized statistical rating organization^* (as defined in section 3(a) of that Act), and any officer, employee, contractor, subcontractor, or agent of such a company or organization, may not discharge, demote, suspend, threaten, harass, or otherwise discriminate against an employee in employment because of the employee’s lawful act—(1) to provide information, cause information to be provided, or otherwise help an investigation into conduct the employee reasonably believes violates section 1341, 1343, 1344, or 1348, an SEC rule or regulation, or federal law concerning fraud against shareholders, when the information or help is given to, or the investigation is conducted by, (A) a federal regulatory or law-enforcement agency^*, (B) a Member of Congress or congressional committee, or (C) a supervisor or another person working for the employer who can investigate, discover, or end misconduct; or (2) to file, cause to be filed, testify in, participate in, or otherwise help a proceeding filed or about to be filed, with the employer knowing about it, concerning an alleged violation of those sections, rules, regulations, or federal laws.

(b) Enforcement.
(1) A person who claims that someone violated subsection (a) may seek subsection (c) relief by (A) filing a complaint with the Secretary of Labor, or (B) if the Secretary has not issued a final decision within 180 days and the delay is not shown to result from the claimant’s bad faith, filing a new action at law or in equity in the appropriate United States district court. That court has jurisdiction regardless of the amount in controversy.
(2)(A) An action under paragraph (1)(A) follows section 42121(b) of title 49. (B) The notice required by section 42121(b)(1) must go to the person named in the complaint and the employer. (C) An action under paragraph (1)(B) uses the burdens of proof in section 42121(b). (D) An action under paragraph (1) must begin within 180 days after the violation, or within 180 days after the employee learned of it. (E) A party to an action under paragraph (1)(B) has the right to a jury trial.

(c) Remedies.
(1) An employee who wins an action under subsection (b)(1) is entitled to all relief needed to make the employee whole. (2) That relief includes (A) reinstatement with the seniority the employee would have had without the discrimination, (B) back pay with interest, and (C) compensation for special damages caused by the discrimination, including litigation costs, expert-witness fees, and reasonable attorney fees.

(d) Other rights kept. This section does not reduce an employee’s rights, privileges, or remedies under federal or State law or a collective-bargaining agreement.

(e) Waivers and required arbitration.
(1) The rights and remedies in this section may not be waived by an agreement, policy, form, or employment condition, including an arbitration agreement made before a dispute arises. (2) Such a predispute arbitration agreement is not valid or enforceable if it requires arbitration of a dispute under this section.