Sec. 202. Whistleblower protection
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A covered entity shall not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual because of any lawful act done by the covered individual— to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct that the covered individual reasonably believes is illegal or constitutes a violation of this Act or the amendments made by this Act; to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed, or about to be filed, relating to a violation of any law, rule, or regulation; or to refuse to violate, or assist in the violation of, any law, rule, or regulation.
A covered individual who alleges discharge or other discrimination by any person in violation of paragraph
(1)may seek relief by filing a complaint with the Office of the Inspector General of the Department of Agriculture, which shall investigate the concerns raised by the covered individual that allegedly caused retaliation. If the Office of the Inspector General has not issued a final decision regarding the investigation by the date that is 210 days after the date on which the complaint is filed, and there is no showing that the delay is due to the bad faith of the claimant, the claimant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. A complaint under paragraph (1)(A) shall be governed under the rules and procedures established in section 1013 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399d ) and shall be resolved within 21 days after the date on which such complaint is filed. A covered individual who prevails in any action under subparagraph
(A)shall be entitled to remedies equivalent to relief provided under section 1013(b)(4)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399d(b)(4)(B) ). Nothing in this subsection diminishes the rights, privileges, or remedies of any individual under any Federal or State law, or under any collective bargaining agreement. The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable, to the extent the agreement requires arbitration of a dispute arising under this section.
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Sec. 202
Whistleblower protection
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