In Secretary of the U.S. Dept. of Labor v. Lear Corp.,
Case No. 15-12060 (decided May 13, 2016), the United States Court
of Appeals for the Eleventh Circuit addressed when the Secretary of
the U.S. Department of Labor could seek an injunction to prevent a
business from suing a former employee who claimed the status of
whistleblower under the Occupational Safety and Health Act
(OSHA).
Lear had sued a former employee in state court for defamation
and intentional interference with business relations. The Secretary
filed a case in federal court seeking injunctive relief under the
whistleblower protection provisions of OSHA. Those provisions allow
the Secretary to seek injunctive relief to protect a person that
the Secretary determines has been retaliated against on the grounds
he is acting as a whistleblower within the terms of OSHA. 29 U.S.C.
§ 660(c). In the Lear case, the district court
granted a preliminary injunction preventing Lear from filing
litigation against
