Federal Whistleblower and Retaliation Laws

EEOC Compliance Manual § 614.1. Retaliation and whistleblowing claims are particularly difficult to defend because the claimant need not show that he or she was a victim of actual unlawful discrimination. He or she need only show (1) that he or she complained about what he or she believed to be discriminatory conduct, and (2) an adverse employment action temporally connected to the complaint. This combination gives rise to a strong presumption, precluding early dismissal of a lawsuit. As a consequence, employers, managers and human resource personnel should familiarize themselves with federal and state retaliation and whistleblowing laws to avoid these claims, or at least to manage existing claims to minimize legal liability and financial exposure. Though each state has its own statutory and common law, this chapter will focus on federal law.