SOX Whistleblowers Protection

Discrimination complaints must be filed with the Department of Labor (DOL) within 90 days of an alleged adverse action.

Once a case is filed, OSHA reviews the allegations in the complaint to determine whether the claim should be investigated. If, on the basis of the investigation, OSHA determines that the employee was subjected to retaliation, OSHA must order the employer to provide a complete “make whole” remedy to the employee.

If OSHA determines that the claim is without merit, OSHA must dismiss the action. Either an employee or employer may appeal the investigative findings. The appeal is “de novo”, which means the case starts over and is assessed by the new administrative judge with no reliance on the previous OSHA ruling.

If appealed, the parties are entitled to an on-the-record hearing before the DOL’s Office of Administrative Law Judges (OALJ). Although a case is held “de novo” before the OALJ, a preliminary order of reinstatement issued by OSHA is immediately enforceable. Thus, if OSHA orders an employee reinstatement on the basis of an investigation alone, the employee must be immediately reinstated pending the appeal of the OSHA ruling.

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