Whistle blowers are protected by the Occupational Safety and Health Act (OSHA) which states that any employee who reported illegal activities of his company, participated in legal proceedings against his employer, or exercised his rights should not be harassed or experience retaliation.
According to Section 11 of OSHA, a company cannot discharge in retaliation against workers who will file a complaint, participate in OSHA inspection, and testify in legal proceedings related to OSHA.
Meanwhile, protecting whistle blowers is important to ensure that people will not be punished for telling the truth and revealing illicit activities of their employers such as:
• Contract fraud
• Environmental violation
• Unsafe working place
• Unsafe or defective consumer products
• Employment policies which violate the federal and state laws
• Tax evasion
According to the Department of Labor, any adverse employment action, which is defined as material changes in terms and conditions in work, is considered as retaliation in nature.
Common practices of retaliation in employment:
• Firing
• Demoting
• Unnecessary discipline
• Blacklisting
• Denying benefits
• Denying promotion
• Verbal harassment
• Physical harassment
• Intimidation
• Reducing pay
• Reducing the hours of work
• Reassigning a worker in a position with the intention to make his job harder.
If workers deem that they are subjected from discrimination and retaliation after exercising their rights or participating in legal proceedings related to OSHA, they can file a complaint against their employers or companies.
Steps in filing a complaint:
1. Go to the nearest OSHA office and make sure to file a complaint within 30 days after the alleged discrimination or retaliation happened. (The 30-day deadline is extended in some special cases.)
2. Make a written complaint which can be sent through mail, fax, or personally delivered to its local office. (The OSHA usually requires workers to file their complaint in writing.)
3. The agency will conduct a public hearing to allow involved parties to present their side. (At least five days before the hearing, OSHA will give a notice that tells the time and date of the trial).
4. The OSHA will conduct a thorough investigation to determine if the complaint is valid and there has been a Violation of Whistle Blowing Laws.
If the agency proved that the employee has been subjected to retaliation and discrimination, it may refer the case to the court or ask employers to give remedies to the worker.
Remedies for discrimination and retaliation:
• Rehiring
• Reinstatement of a worker from his former position
• Compensation for the loss of wage
• Back pay
• Other compensatory damages
• Payment for attorney’s fees
• Prevent discrimination and retaliation from happening in the future
Organizations that protect whistle blowers
Besides the labor department, there are other organizations such as the National Whistle Blowers Center which have been created to provide protection and safety for whistle blowers who are vulnerable to different forms of retaliation ranging from physical threats to intimidation.
Meanwhile, the Federal Bureau of Investigation has also created the whistle protection program for its employees who have reported illegal activities committed within the agency.
