12 U.S.C. § 1790b: Credit union employee…

Summary

Protects employees of insured credit unions and staff of the National Credit Union Administration from being fired or treated unfairly for reporting possible law or rule breaking. Credit union workers are safe if they tell the Board or the U.S. Attorney General about possible violations by their credit union or its leaders or staff. Administration employees, including those at the National Credit Union Central Liquidity Facility, are safe if they report possible violations to the Administration or the Attorney General about any credit union, its people, or Administration officers or employees. If someone thinks they were punished for reporting, they can sue in federal court. The lawsuit must start within 2 years of the firing or unfair act, and a copy of the complaint must be sent to the Board. A court that finds a violation can order the employer to put the person back, pay money for losses, or take other actions to fix the harm. These protections do not apply if the employee caused the violation or knowingly or recklessly gave false information.

Title 12, §1790b

Banks and Banking, Source: USLM XML via OLRC

(a)In general

(1)Employees of credit unions

No insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Board or the Attorney General regarding any possible violation of any law or regulation by the credit union or any director, officer, or employee of the credit union.

(2)Employees of the Administration

The Administration may not discharge or otherwise discriminate against any employee (including any employee of the National Credit Union Central Liquidity Facility) with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Administration or the Attorney General regarding any possible violation of any law or regulation by—

(A)any credit union or the Administration;

(B)any director, officer, committee member, or employee of any credit union; or

(C)any officer or employee of the Administration.

(b)Enforcement

Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) may file a civil action in the appropriate United States district court before the close of the 2-year period beginning on the date of such discharge or discrimination. The complainant shall also file a copy of the complaint initiating such action with the Board.

(c)Remedies

If the district court determines that a violation of subsection (a) has occurred, it may order the credit union or the Administration which committed the violation—

(1)to reinstate the employee to his former position,

(2)to pay compensatory damages, or

(3)take other appropriate actions to remedy any past discrimination.

(d)Limitations

The protections of this section shall not apply to any employee who—

(1)deliberately causes or participates in the alleged violation of law or regulation, or

(2)knowingly or recklessly provides substantially false information to such an agency or the Attorney General.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a)(2). Pub. L. 102–550 substituted, in subpar. (A), “union or the” for “union the” and in subpar. (B), “committee member, or employee of any credit union” for “or employee of any depository institution or any such bank”. 1991—Subsec. (a). Pub. L. 102–242, § 251(b)(1), substituted “In general” for “Prohibition against discrimination against whistleblowers” in heading and amended text generally. Prior to amendment, text read as follows: “No federally insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Board or to the Attorney General regarding a possible violation of any law or regulation by the credit union or any of its officers, directors, or employees.” Subsec. (c). Pub. L. 102–242, § 251(b)(2), inserted “or the Administration” after “the credit union”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.

Effective Date

of 1991 Amendment Pub. L. 102–242, title II, § 251(b)(3), Dec. 19, 1991, 105 Stat. 2333, provided that: “Paragraph (2) of section 213(a) of the Federal Credit Union Act [12 U.S.C. 1790b(a)(2)] (as added under the amendment made by paragraph (1)) shall be treated as having taken effect on January 1, 1987, and for purposes of any cause of action arising under such paragraph (as so effective) before the date of the enactment of this Act [Dec. 19, 1991], the 2-year period referred to in section 213(b) of such Act shall be deemed to begin on such date of enactment.”

§1790b Credit Union Employee Protection Remedy

Summary

Title 12, §1790b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata