Difference between revisions of "Whistleblower Protection Laws"

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AIR21 prohibits a broad range of retaliatory acts that have a negative effect on the employee’s terms, conditions, or privileges of employment. This includes intimidating, threatening, restraining, coercing, blacklisting, or discharging a whistleblower.
AIR21 prohibits a broad range of retaliatory acts that have a negative effect on the employee’s terms, conditions, or privileges of employment. This includes intimidating, threatening, restraining, coercing, blacklisting, or discharging a whistleblower.


An adverse employment action is one that would dissuade a reasonable worker from engaging in protected whistleblowing. Suspension without pay is a way to dissuade employees from engaging in AIR21 protected conduct, and is therefore an adverse employment action.
An adverse employment action is one that would dissuade a reasonable worker from engaging in protected whistleblowing.
 
*Suspension without pay is a way to dissuade employees from engaging in AIR21 protected conduct, and is therefore an adverse employment action.
Subjecting an employee to a 15D psychological evaluation can be an actionable adverse action where it is selectively implemented or utilized in a retaliatory fashion.
*Subjecting an employee to a 15D psychological evaluation can be an actionable adverse action where it is selectively implemented or utilized in a retaliatory fashion.


The DOL ARB has held “that the intended protection of AIR 21 extends beyond any limitations in Title VII and can extend beyond tangibility and ultimate employment actions.” ''Williams v. American Airlines,'' ARB No. 09- 018, slip op. at 10-11 n.51 (Dec. 29, 2010)).  The ARB views “the list of prohibited activities in Section 1979.102(b) as quite broad and intended to include, as a matter law, reprimands (written or verbal), as well as counseling sessions by an air carrier, contractor or subcontractor, which are coupled with a reference of potential discipline.” ''Williams'', ARB No. 09-018 at 10-11.  For example, “even ''paid'' administrative leave may be considered an adverse action under certain circumstances.” Id. at 14 (emphasis in original) (citing ''Van Der Meer v. Western Ky. Univ.'', ARB No. 97-078, slip op. at 4-5 (Apr. 20, 1998) (holding that “although an associate professor was paid throughout his involuntary leave of absence, he was subjected to adverse employment action by his removal from campus)).
The DOL ARB has held “that the intended protection of AIR 21 extends beyond any limitations in Title VII and can extend beyond tangibility and ultimate employment actions.” ''Williams v. American Airlines,'' ARB No. 09- 018, slip op. at 10-11 n.51 (Dec. 29, 2010)).  The ARB views “the list of prohibited activities in Section 1979.102(b) as quite broad and intended to include, as a matter law, reprimands (written or verbal), as well as counseling sessions by an air carrier, contractor or subcontractor, which are coupled with a reference of potential discipline.” ''Williams'', ARB No. 09-018 at 10-11.  For example, “even ''paid'' administrative leave may be considered an adverse action under certain circumstances.” Id. at 14 (emphasis in original) (citing ''Van Der Meer v. Western Ky. Univ.'', ARB No. 97-078, slip op. at 4-5 (Apr. 20, 1998) (holding that “although an associate professor was paid throughout his involuntary leave of absence, he was subjected to adverse employment action by his removal from campus)).