§7a–3 Anti-retaliation Protection for Whistleblowers

Summary

Employers must not fire, demote, suspend, threaten, harass, or otherwise punish a worker, contractor, subcontractor, or agent for lawfully reporting or helping with a federal investigation into suspected antitrust crimes or related criminal acts. Protected actions include giving information to the federal government or a supervisor who can investigate, and filing, testifying in, or assisting with federal investigations or proceedings about antitrust violations or crimes tied to antitrust or a Justice Department antitrust probe. No protection if the person planned or started the antitrust crime, planned or started a related criminal act, or planned or tried to obstruct a Justice Department antitrust investigation. Short definitions: Antitrust laws = sections 1 or 3; Covered individual = employee, contractor, subcontractor, or agent; Employer = a person or that person’s officers, employees, contractors, subcontractors, or agents; Federal Government = a federal agency or a Member or committee of Congress. “Violation” of the antitrust laws does not mean a civil-only offense. A worker who says they were punished can file a complaint with the Secretary of Labor within 180 days of the act. If the Labor Department does not issue a final decision within 180 days and the delay is not the worker’s fault, the worker can sue in federal district court for a new hearing. If the worker wins, remedies must make them whole, including reinstatement with the same seniority, back pay with interest, and special damages like litigation costs, expert witness fees, and reasonable attorney fees. This law does not take away any other rights under federal or state law or collective bargaining agreements.