{"identifier":"/us/usc/t15/s7a\u20133","title":15,"num":"\u00a7\u202f7a\u20133.","heading":"Anti-retaliation protection for whistleblowers","text":"\u00a7\u202f7a\u20133.\nAnti-retaliation protection for whistleblowers\n(a)\nWhistleblower protections for employees, contractors, subcontractors, and agents\n(1)\nIn general\nNo 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\u2014\n(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\u2014\n(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or\n(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\n(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\u2014\n(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or\n(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.\n(2)\nLimitation on protections\nParagraph (1) shall not apply to any covered individual if\u2014\n(A) the covered individual planned and initiated a violation or attempted violation of the antitrust laws;\n(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\n(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.\n(3)\nDefinitions\nIn this section:\n(A)\nAntitrust laws\nThe term \u201cantitrust laws\u201d means section 1 or 3 of this title.\n(B)\nCovered individual\nThe term \u201ccovered individual\u201d means an employee, contractor, subcontractor, or agent of an employer.\n(C)\nEmployer\nThe term \u201cemployer\u201d means a person, or any officer, employee, contractor, subcontractor, or agent of such person.\n(D)\nFederal Government\nThe term \u201cFederal Government\u201d means\u2014\n(i) a Federal regulatory or law enforcement agency; or\n(ii) any Member of Congress or committee of Congress.\n(E)\nPerson\nThe term \u201cperson\u201d has the same meaning as in subsection (a) of\nsection 12 of this title\n(4)\nRule of construction\nThe term \u201cviolation\u201d, 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.\n(b)\nEnforcement action\n(1)\nIn general\nA covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by\u2014\n(A) filing a complaint with the Secretary of Labor; or\n(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.\n(2)\nProcedure\n(A)\nIn general\nA complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in\nsection 42121(b) of title 49\n(B)\nException\nNotification made under\nsection 42121(b)(1) of title 49\n(C)\nBurdens of proof\nAn action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in\nsection 42121(b) of title 49\n(D)\nStatute of limitations\nA 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.\n(E)\nCivil actions to enforce\nIf a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures set forth in\nsection 42121(b) of title 49\n(c)\nRemedies\n(1)\nIn general\nA covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole.\n(2)\nCompensatory damages\nRelief for any action under paragraph (1) shall include\u2014\n(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination;\n(B) the amount of back pay, with interest; and\n(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney\u2019s fees.\n(d)\nRights retained by whistleblowers\nNothing 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.","url":"https://projectusc.org/usc/t15/s7a\u20133.html","content":[{"t":"sec","id":"/us/usc/t15/s7a\u20133","children":[{"t":"num","text":"\u00a7\u202f7a\u20133."},{"t":"heading","text":"Anti-retaliation protection for whistleblowers"},{"t":"subsec","id":"/us/usc/t15/s7a\u20133/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Whistleblower protections for employees, contractors, subcontractors, and agents"},{"t":"para","id":"/us/usc/t15/s7a\u20133/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t15/s7a\u20133/a/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s7a\u20133/a/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t15/s7a\u20133/a/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s7a\u20133/a/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7a\u20133/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Limitation on protections"},{"t":"chapeau","text":"Paragraph (1) shall not apply to any covered individual if\u2014"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the covered individual planned and initiated a violation or attempted violation of the antitrust laws;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7a\u20133/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Antitrust laws"},{"t":"content","children":[{"t":"p","text":"The term \u201cantitrust laws\u201d means section 1 or 3 of this title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Covered individual"},{"t":"content","children":[{"t":"p","text":"The term \u201ccovered individual\u201d means an employee, contractor, subcontractor, or agent of an employer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Employer"},{"t":"content","children":[{"t":"p","text":"The term \u201cemployer\u201d means a person, or any officer, employee, contractor, subcontractor, or agent of such person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Federal Government"},{"t":"chapeau","text":"The term \u201cFederal Government\u201d means\u2014"},{"t":"clause","id":"/us/usc/t15/s7a\u20133/a/3/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a Federal regulatory or law enforcement agency; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s7a\u20133/a/3/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any Member of Congress or committee of Congress.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/a/3/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d has the same meaning as in subsection (a) of ","children":[{"t":"ref","text":"section 12 of this title","href":"/us/usc/t15/s12","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7a\u20133/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Rule of construction"},{"t":"content","children":[{"t":"p","text":"The term \u201cviolation\u201d, 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s7a\u20133/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Enforcement action"},{"t":"para","id":"/us/usc/t15/s7a\u20133/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by\u2014"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" filing a complaint with the Secretary of Labor; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7a\u20133/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Procedure"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in ","children":[{"t":"ref","text":"section 42121(b) of title 49","href":"/us/usc/t49/s42121/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"Notification made under ","children":[{"t":"ref","text":"section 42121(b)(1) of title 49","href":"/us/usc/t49/s42121/b/1","tail":" shall be made to any individual named in the complaint and to the employer."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Burdens of proof"},{"t":"content","children":[{"t":"p","text":"An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in ","children":[{"t":"ref","text":"section 42121(b) of title 49","href":"/us/usc/t49/s42121/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Statute of limitations"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/b/2/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Civil actions to enforce"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"ref","text":"section 42121(b) of title 49","href":"/us/usc/t49/s42121/b","tail":", 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s7a\u20133/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Remedies"},{"t":"para","id":"/us/usc/t15/s7a\u20133/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s7a\u20133/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Compensatory damages"},{"t":"chapeau","text":"Relief for any action under paragraph (1) shall include\u2014"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" reinstatement with the same seniority status that the covered individual would have had, but for the discrimination;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the amount of back pay, with interest; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s7a\u20133/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney\u2019s fees.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s7a\u20133/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Rights retained by whistleblowers"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}