Retaliation claims are on the rise according to the Department of Labor’s Occupational Safety and Health Administration (OSHA), which enforces 22 separate federal whistleblower statutes. OSHA has issued updated statistics showing the number of whistleblower cases filed with the agency and their outcome. In light of the agency’s increase enforcement strategy, employers should take affirmative steps to prevent and manage these types of claims.
Received 3,288 whistleblower complaints in 2015, which represents a 6% increase from complaints filed in 2014.
Completed 3,273 cases, which represents a 4% increase from those completed in 2014.
Reported that out of 3,337 determinations, 798 settled and 45 had merit (approximately 25%).
Reported that the Sarbanes-Oxley Act of 2002 (SOX) claims, 156, made up 5% of the total number of cases received. This represents a 7% increase from 146 cases filed under SOX in 2014.
The OSH Act is a comprehensive federal statute designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces (29 U.S.C. §§ 651-678; 29 C.F.R. § 1977.1(a)). Under the OSH Act, every person engaged in a business affecting commerce must:
Furnish each employee a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm.
Comply with occupational safety and health standards under the OSH Act.
Section 806 of SOX (18 U.S.C. § 1514A) sets out significant whistleblower protections under the statute (see OSHA: Section 806). It protects employees who report or participate in proceedings involving certain corporate wrongdoing. The protections provided to employees under SOX were expanded when President Barack Obama signed into law the Dodd-Frank Act on July 21, 2010.
The ACA amended the Fair Labor Standards Act to prevent employers from retaliating against employees for:
Receiving a subsidy or tax credit related to the ACA's health insurance exchanges.
Reporting potential violations of Title I of the ACA.