Sec. 204. Whistleblower protections
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/bill/116/s/2968/is/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity shall not, directly or indirectly, discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual of the covered entity because— the covered individual, or anyone perceived as assisting the covered individual, takes (or the covered entity suspects that the covered individual has taken or will take) a lawful action in providing to the Federal Government or the attorney general of a State information relating to any act or omission that the covered individual reasonably believes to be a violation of this Act or any regulation promulgated under this Act; the covered individual provides information that the covered individual reasonably believes evidences such a violation to— a person with supervisory authority over the covered individual at the covered entity; or another individual working for the covered entity who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; the covered individual testifies (or the covered entity expects that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; or the covered individual assists or participates (or the covered entity expects that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding, or the covered individual takes any other action to assist in carrying out the purposes of this Act.
An individual who alleges discharge or other discrimination in violation of subsection
(a)may bring an action governed by the rules, procedures, statute of limitations, and legal burdens of proof in section 42121(b) of title 49, United States Code. If the individual has not received a decision within 180 days and there is no showing that such delay is due to the bad faith of the claimant, the individual may bring an action for a jury trial, governed by the burden of proof in section 42121(b) of title 49, United States Code, in the appropriate district court of the United States for the following relief: Temporary relief while the case is pending. Reinstatement with the same seniority status that the individual would have had, but for the discharge or discrimination. Three times the amount of back pay otherwise owed to the individual, with interest. Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees. The rights and remedies provided for in this section shall not be waived by any policy form or condition of employment, including by a predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. In this section, the term covered individual means an applicant, current or former employee, contractor, subcontractor, grantee, or agent of an employer.