Federal Whistleblower Laws: Protections and How to Report

Federal whistleblower laws protect employees who report violations of law, fraud against the government, and safety hazards. Statutes such as the Whistleblower Protection Act shield federal workers from discharge and reprisals, while the False Claims Act lets private-sector whistleblowers sue on the government's behalf and recover 15 to 30 percent of the proceeds under 31 U.S.C. § 3730(d).

A Summary of Federal Whistleblower Statutes

The United States has several whistleblower statutes that are designed to protect employees or individuals who have information that may be in the interest of public safety and health. The federal government encourages whistleblowers to report violations of the country's laws, rules, or regulations in order to protect the general public. The country's statutes cover various subject areas such as motor vehicle safety, environment conservation, nuclear safety, fraud, and food safety.

If you are looking for specific state whistleblower laws, you can browse whistleblower protections by state.

The following are federal whistleblower protections in the United States:

Clean Air Act

The Clean Air Act is a federal law that regulates air emissions across the United States. Under this act, employers are not allowed to discharge or in any way discriminate against an employee with respect to the employee's terms of employment, compensation, and privileges in retaliation for:

• Commencing or causing a commence of a proceeding under this act or a proceeding for the administration or enforcement of any directive required by this act.
• Testifying or intending to testify in a proceeding related to this act.
• Assisting or participating in any manner in a proceeding related to this act.

Filing

Complaints under this act should be filed with the secretary of labor within 30 days of the retaliation.

42 U.S.C. § 7622(a).

Surface Transportation Assistance Act (STAA)

The STAA protects drivers and other employees who work with commercial motor vehicles. OSHA administers this provision and lists it on its official statute page as the Surface Transportation Assistance Act, so a complaint filed under it is an STAA complaint, not a complaint under any separately named commercial motor vehicle statute.

Under this act, it is against the law for an employer to discharge, alter terms of employment, or in any way discriminate against an employee in retaliation for:

• Filing a complaint or instituting a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order.
• Testifying or intending to testify in a proceeding concerning such a violation.
• Refusing to operate a motor vehicle that violates the standards set by this act or one that is in an unsafe condition.

Filing

Complaints under this act should be filed with the Secretary of Labor within 180 days of the retaliatory action.

49 U.S.C. § 31105(a).

Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA)

The CERCLA, which is also known as Superfund, is an act that provides funds to facilitate the cleanup of abandoned hazardous waste sites, spills, and other emergency releases of pollutants and contaminants into the environment. The act also has the mandate of seeking the parties responsible for the release of pollutants into the environment in order to assure their cooperation in the cleanup.

Under this act, employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:

• Disclosing information related to this act to a government authority.
• Instituting or causing the institution of a proceeding related to this act.
• Testifying or intending to testify in a proceeding related to the enforcement of this act.

Filing

Complaints under this statute should be filed with the Secretary of Labor within 30 days of the retaliation.

42 U.S.C. § 9610(a).

National Defense Authorization Act (NDAA)

The NDAA is a federal law that specifies the annual budget and expenditures of the United States Department of Defense. Under this act, an employee of a contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for:

• Disclosing mismanagement of a federal contract or grant.
• Disclosing an abuse of authority under this act.
• Disclosing a violation of a rule, law, or regulation related to this act or federal contracts.
• Disclosing a waste of federal funds.
• Disclosing an existing danger to public health and safety.

Filing

Complaints under this act go to the Inspector General of the Department of Defense, or the Inspector General of the National Aeronautics and Space Administration. A complaint may not be brought more than three years after the date on which the alleged reprisal took place.

Watch out: Congress renumbered this provision. What was 10 U.S.C. § 2409 is now 10 U.S.C. § 4701, effective January 1, 2022, under Pub. L. 116-283. Older articles and forms still citing § 2409 point to a section number that no longer carries the operative text, so cite § 4701 in anything you file.

10 U.S.C. § 4701(b).

Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act)

The Dodd-Frank Act was established to regulate lenders, banks, and other financial institutions to protect consumers and to prevent a recession. Section 748 of the Dodd-Frank Act amended the Commodity Exchange Act (CEA) to make it illegal for employers to discharge or in any way discriminate against employees in retaliation for:

• Disclosing information concerning a violation of the CEA to the Commodity Futures Trading Commission (CFTC).
• Participating in an investigation or administrative action held by the CFTC to investigate a violation of the CEA.

Filing

Whistleblowers who suffer discrimination or any other form of retaliation that violate provisions of the CEA may file a lawsuit in the appropriate district court.

The Dodd-Frank Act amended the Securities Exchange Act of 1934 by adding Section 21F. This section states that it is against the law for an employer to discharge or in any way discriminate against an employee in retaliation for:

• Disclosing information concerning a violation of the securities laws to the Securities and Exchange Commission (SEC).
• Participating in an investigation or administrative action held by the SEC to investigate a violation of the securities laws.
• Disclosing information that is required by the Securities Exchange Act or any other law that is under the jurisdiction of SEC.

Relief for retaliation

An employee who prevails on a Section 21F retaliation claim is entitled under 15 U.S.C. § 78u-6(h) to:

• Reinstatement with the same seniority status the individual would have had but for the discrimination.
• Two times the amount of back pay otherwise owed, with interest.
• Compensation for litigation costs, expert witness fees, and reasonable attorneys' fees.

Section 1057 of the Dodd-Frank Act makes it illegal for employers who are involved in the business of providing consumer financial products or services and material service related to the provision of such products or services to discharge or in any way discriminate against an employee in retaliation for:

• Disclosing or intending to disclose information concerning a violation of a law or regulation that is under the jurisdiction of the Bureau of Consumer Financial Protection to the relevant authority, e.g., government entity or employer.
• Testifying or intending to testify in a proceeding concerning a law that is under the jurisdiction of the Bureau.
• Instituting or causing the instituting of a proceeding related to federal consumer financial law.
• Refusing to participate in an activity that would result in a violation of a law that is under the jurisdiction of the Bureau.

Filing

Complaints under Section 1057 of the Dodd-Frank Act should be filed with the Secretary of Labor within 180 days of the retaliatory action.

P.L. 111-203, § 748, 124 Stat. 1376, 1739 (2010); 15 U.S.C. § 78u-6.

SEC Whistleblower Award Program (Dodd-Frank Section 21F)

Section 21F does more than bar retaliation. It also directs the SEC to pay money awards to whistleblowers whose original information leads to a successful enforcement action, which is a separate right from the anti-retaliation protection described above.

An award is available only in what the statute calls a covered judicial or administrative action. 15 U.S.C. § 78u-6(a)(1) defines that as any judicial or administrative action brought by the Commission under the securities laws "that results in monetary sanctions exceeding $1,000,000." Below that threshold, the award program does not apply, though the anti-retaliation protection still can.

Where the threshold is met, § 78u-6(b)(1) directs the Commission to pay the whistleblower "not less than 10 percent, in total" and "not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed" in the action. Where in that band a given award lands is the Commission's determination, so no specific percentage is promised to any reporter.

15 U.S.C. § 78u-6.

IRS Whistleblower Office

The IRS runs its own award program for people who report tax underpayments and violations of the internal revenue laws. Like the SEC program, it is an award program rather than an anti-retaliation statute, and it is administered by the IRS Whistleblower Office rather than the Department of Labor.

Under the mandatory award program in Internal Revenue Code § 7623(b), a whistleblower whose information leads the IRS to proceed with an action receives an award of at least 15 percent but not more than 30 percent of the proceeds collected as a result of that action, subject to the reduction described below. The Bipartisan Budget Act of 2018 defined the proceeds that count toward that calculation.

Section 7623(b) sets two thresholds, and § 7623(b)(5) requires both. The proceeds in dispute must exceed $2,000,000, and where the target is an individual taxpayer, that individual's gross income must exceed $200,000 for a taxable year subject to the action. A claim that misses either threshold falls under the discretionary program in § 7623(a), where an award is possible but is not mandated by statute at a set percentage.

Watch out: The $2,000,000 figure is the one usually quoted on its own, and reporting a large dispute is not enough by itself. Where the target is an individual rather than a business, the $200,000 gross-income test applies as well, so a substantial dispute involving a lower-income individual falls outside the mandatory program entirely.

Section 7623(b)(2) separately caps the award at no more than 10 percent of the proceeds collected where the action is principally based on disclosures that were already public, such as a judicial or administrative hearing, a government report, or a news media account, unless the whistleblower was the original source of that information.

Filing

Claims are submitted to the IRS Whistleblower Office on Form 211, Application for Award for Original Information.

26 U.S.C. § 7623; IRS Whistleblower Office.

Energy Reorganization Act (ERA)

The ERA was enacted to regulate the nuclear energy industry with the aim of increasing safety by setting nuclear safety standards. Under this act, it is illegal for employers to discharge or in any way discriminate against an employee in retaliation for:

• Disclosing information concerning a violation of the ERA or the Atomic Energy Act (AEA) to the employer.
• Refusing to participate in activities that would violate the ERA or AEA.
• Testifying before congress or at any proceeding regarding ERA and AEA.
• Commencing a proceeding that is related to ERA or AEA.

Filing

Complaints under this act should be filed with the Secretary of Labor within 180 days of the retaliatory action.

42 U.S.C. § 5851(b).

Fair Labor Standards Act (FLSA)

FLSA is a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards for all workers in the entire United States. Under this act, employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:

• Filing a complaint under this act.
• Instituting a proceeding under this act.
• Testifying or intending to testify in a proceeding related to this act.
• Serving or intending to serve on an industry committee.

Penalty

An employer who willfully violates this act by retaliating against an employee is, upon conviction, subject to criminal penalties under 29 U.S.C. § 216(a): a fine of not more than $10,000, or imprisonment for not more than six months, or both. Both the willfulness requirement and the need for a conviction matter, because retaliation alone does not trigger this subsection. Imprisonment is available only for an offense committed after a prior conviction under that same subsection, so a first offense carries the fine rather than jail.

29 U.S.C. § 215(a)(3); 29 U.S.C. § 216(a).

FDA Food Safety Modernization Act (FSMA)

FSMA was established to regulate the growing, harvesting, and processing of foods. It makes it illegal for entities involved in food production to discharge, alter terms of employment, or in any way discriminate against an employee in retaliation for:

• Disclosing, intending to disclose or participating in the disclosing of information concerning a violation of this act to the employer, the federal government, or the attorney general of a state.
• Testifying or intending to testify in a proceeding related to a violation of this act.
• Participating or intending to participate in a proceeding related to this act.
• Refusing to take part in an activity that would result in a violation of this act.

Filing

Complaints under this act should be filed with the Secretary of Labor within 180 days of the violation.

Watch out: This provision is frequently miscited. The operative text sits at 21 U.S.C. § 399d, added by Pub. L. 111-353, and that is the section OSHA names on its own statute list. Older articles and forms citing other section numbers in title 21 point to text that does not carry this protection.

21 U.S.C. § 399d(a), (b)(1).

Federal Mine Safety and Health Act (FMSHA)

FMSHA was enacted to improve the health and safety standards in United States mines. Under this act, employers are not allowed to refuse to hire, discharge, or in any way discriminate against an individual in retaliation for:

• Filing a complaint under this act.
• The individual being a subject of medical evaluations and potential transfer.
• Instituting or testifying in a proceeding under this act.
• Exercising a right that is endorsed by this act.

Filing

Complaints under this act should be filed with the Secretary of Labor within 60 days of the retaliation.

30 U.S.C. § 815(c)(1).

Federal Water Pollution Control Act (FWPCA)

The FWPCA was established to address water pollution in the United States. Under this act, employers are not allowed to discharge or in any way discriminate against an employee in retaliation for instituting a proceeding related to this act, filing a complaint or testifying or intending to testify in a proceeding related to the enforcement of this act.

Filing

Complaints under this statute should be filed with the Secretary of Labor within 30 days.

33 U.S.C. § 1367(a).

Longshore and Harbor Workers' Compensation Act (LHWCA)

LHWCA is a federal law that protects those in maritime occupations by ensuring that they receive compensation, medical care, and vocational rehabilitation services if they become disabled as a result of job injuries that occur on the navigable waters of the United States or in adjoining areas. Under this law, employers are not allowed to discharge or in any way discriminate against an employee in retaliation for claiming or attempting to claim compensation from the employer, or testifying or intending to testify in a proceeding related to this act.

Penalties and the worker's own remedy

Employers who violate this act may be liable to pay a penalty of not less than $1,000 or more than $5,000, as determined by the deputy commissioner.

That penalty does not go to the worker. The statute directs that it be paid to the deputy commissioner for deposit in the special fund. The worker's own remedy sits in the same section: an employee discriminated against shall be restored to employment and shall be compensated by the employer for any loss of wages arising out of the discrimination. That restoration and compensation is not available where the employee has ceased to be qualified to perform the duties of the job.

33 U.S.C. § 948a.

Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA)

This act was established to protect migrant and seasonal agricultural workers by creating employment standards. These standards regulate wages, housing, transportation, disclosures, and recordkeeping. Under this act, employers are not allowed to discharge or in any way discriminate against any migrant and seasonal agricultural workers in retaliation for:

• Filing a complaint under this act.
• Instituting or causing the institution of a proceeding related to the anti-retaliation provisions of this act.
• Testifying in a proceeding under this act.
• Exercising a right endorsed by this act.

Filing

Complaints under this act should be filed with the Secretary of Labor within 180 days of the retaliation.

29 U.S.C. § 1855(a).

Occupational Safety and Health Act (OSHA)

OSHA ensures that workers across the United States are working in safe and healthy conditions. Under this act, employers are not allowed to discharge, or in any way discriminate against an employee in retaliation for:

• Filing a complaint under this act.
• Instituting or participating in the institution of a proceeding under this act.
• Testifying or intending to testify in a proceeding related to OSHA.
• Exercising a right that is afforded by OSHA.

Filing

Complaints under this act should be filed with the Secretary of Labor within 30 days of the retaliatory action.

29 U.S.C. § 660(c).

Safe Drinking Water Act (SDWA)

The SDWA was established to ensure that Americans have access to safe drinking water. Under this act, employers are not allowed to fire or discriminate in any way against an employee in retaliation for:

• Filing a complaint under this act.
• Instituting a proceeding under this act.
• Testifying or intending to testify in a proceeding related to the enforcement of this act.

Filing

Complaints under this statute should be filed with the Secretary of Labor within 30 days of the retaliatory action.

42 U.S.C. § 300j-9(i)(1),(2).

Sarbanes-Oxley Act of 2002 (SOX)

SOX was established with the aim of protecting investors by improving the reliability and accuracy of corporate disclosures. Under this act, publicly traded companies and nationally recognized statistical rating organizations are not allowed to discharge, suspend, or in any way discriminate against an employee in retaliation for:

• Disclosing information concerning a violation of this act.
• Testifying or participating in an investigation or proceeding related to a violation of this act or any SEC rule.

Filing

Complaints under this act should be filed with the secretary of labor within 180 days.

18 U.S.C. § 1514A(a).

Solid Waste Disposal Act (SWDA)

The SWDA was established to improve the methods used in disposing of solid waste. Under this act, employers are prohibited from discharging or in any way discriminating against their employees in retaliation for filing or instituting a proceeding under this act or testifying or intending to testify in a proceeding related to the enforcement of this act.

Filing

Complaints under this act should be filed with the Secretary of Labor within 30 days of the retaliation.

42 U.S.C. § 6971(a).

Surface Mining Control and Reclamation Act (SMCRA)

The SMCRA was established to regulate coal mines with the aim of reducing their environmental impacts and reclaiming abandoned coal mines. Under this act, it is unlawful for an employer to discharge or in any way discriminate against an employee in retaliation for:

• Filing or instituting a proceeding under this act.
• Testifying or intending to testify in a proceeding under this act.

Filing

Complaints under this act should be filed within 30 days of the retaliatory action.

30 U.S.C. § 1293(a).

Toxic Substances Control Act (TSCA)

The TSCA provides the United States Environmental Protection Agency (EPA) with regulatory powers to regulate the use of toxic substances. Under this act, employers are not allowed to discharge, alter terms of employment or discriminate against an employee in retaliation for:

• Commencing or intending to commence a proceeding under this act.
• Testifying or intending to testify in a proceeding under this act.
• Participating in a proceeding related to the enforcement of this act.

Filing

Complaints under this act should be filed with the Secretary of Labor within 30 days of the retaliation.

15 U.S.C. § 2622(a).

Other Statutes OSHA Enforces

The statutes above are the most commonly discussed, but they are not the whole list. OSHA's Whistleblower Protection Program administers the anti-retaliation provisions of more than 20 federal statutes, and its official list at whistleblowers.gov also includes:

• Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21)
• Federal Railroad Safety Act (FRSA)
• National Transit Systems Security Act (NTSSA)
• Moving Ahead for Progress in the 21st Century Act (MAP-21)
• Pipeline Safety Improvement Act (PSIA)
• Taxpayer First Act (TFA)
• Anti-Money Laundering Act (AMLA)
• Criminal Antitrust Anti-Retaliation Act (CAARA)
• Consumer Product Safety Improvement Act (CPSIA)
• Affordable Care Act (ACA)
• Seaman's Protection Act (SPA)
• Asbestos Hazard Emergency Response Act (AHERA)
• International Safe Container Act (ISCA)

Watch out: Each of these statutes carries its own filing deadline, and the deadlines are measured in days, not years. Do not assume a deadline from one statute carries over to another. Confirm the deadline for the specific statute you are filing under on OSHA's current statute list before you rely on any general figure, because a complaint filed late can be dismissed without the merits ever being considered.

Whistleblower Protection Act (WPA)

The WPA was established to protect federal employees from unlawful discharge or reprisals. Under this law, employers are not allowed to discharge or take any personnel action against an employee in retaliation for:

• Disclosing a violation of a law, rule, or regulation.
• Disclosing information concerning gross mismanagement, waste of funds, or abuse of authority.
• Disclosing the existence of substantial danger to public health and safety.
• Exercising an appeal granted by law, rule, or regulation.
• Lawfully assisting others in an appeal, complaint, or grievance right that is granted by law, rule, or regulation.
• Refusing to carry out a directive that would result in a violation of a law, rule, or regulation.

Also, employees are only protected if the disclosure is not prohibited by law and not required to be kept secret by an Executive Order in the interest of national defense or foreign affairs.

Which employers the WPA does not reach

The prohibited personnel practice rules turn on the definition of agency in 5 U.S.C. § 2302(a)(2)(C), which excludes:

• Government Accountability Office.
• Federal Bureau of Investigation.
• Central Intelligence Agency.
• Defense Intelligence Agency.
• National Geospatial-Intelligence Agency.
• National Security Agency.
• Office of the Director of National Intelligence.
• National Reconnaissance Office.
• Any other executive agency the President determines has as its principal function the conduct of foreign intelligence or counterintelligence activities.
• Government corporations, except as to prohibited personnel practices described in subsection (b)(8) or subsection (b)(9)(A)(i), (B), (C), or (D). Note that subsection (b)(9)(A)(ii) is not carved back in, so the exception is narrower than a general reference to (b)(9) would suggest.

Postal workers sit outside these rules through a different route. Under 5 U.S.C. § 2105(e), an employee of the United States Postal Service or of the Postal Regulatory Commission is deemed not an employee for purposes of Title 5, which is the title that contains the prohibited personnel practice provisions. Note that the body once called the Postal Rate Commission is now the Postal Regulatory Commission, so older sources use the former name.

Filing

The Office of Special Counsel (OSC) is responsible for receiving complaints concerning prohibited personnel actions from employees. The special counsel also investigates the allegations brought forward by the employees.

Penalty

Discipline under this statute runs against the individual who committed the prohibited personnel practice rather than against the agency. Where the Special Counsel prepares a complaint against that employee and the Merit Systems Protection Board sustains it, the Board's final order may impose:

• Removal from job position.
• Reduction in grade.
• Debarment from federal employment for not more than 5 years.
• Suspension or reprimand.
• A civil penalty not to exceed $1,000.

Section 1215(a)(3) states that list exhaustively, and attorney fees are not on it. Separately from these disciplinary actions, a prevailing complainant may be awarded reasonable attorney fees as part of corrective action under 5 U.S.C. § 1214(g) and § 7701(g). Those are remedies that run to the employee, not sanctions imposed on the official who committed the practice.

P.L. 101-12, 103 Stat. 16; P.L. 103-424, 108 Stat. 4361; 5 U.S.C. § 1215; 5 U.S.C. § 1214(g); 5 U.S.C. § 7701(g); 5 U.S.C. § 2302.

The False Claims Act

The False Claims Act protects whistleblowers who expose fraudulent activity that is done to defraud the federal government. Most of these fraudulent activities involve false payment claims related to Medicare, Medicaid, or other federal healthcare programs. The act also awards whistleblowers a portion of the money the government recovers.

Relief for retaliation

Employers found to have unlawfully retaliated against an employee may be ordered by a court to provide the complainant with:

• Two times the complainant's back wages plus interest.
• Reinstatement to the previous job position.
• Litigation costs.
• Any other compensatory damages the court deems appropriate.

Penalties against the party that submitted false claims

A party that submits false claims may also be ordered to:

• Pay 3 times the amount of damages the government sustains, under 31 U.S.C. § 3729(a)(1). A court may reduce that to 2 times damages where the defendant furnished the government all known information within 30 days, fully cooperated with the investigation, and no criminal or civil action had yet commenced, under § 3729(a)(2).
• Pay a civil penalty for each false claim.

The per-claim penalty figure is the number most often reported incorrectly, because the statute and the number actually assessed are not the same. Section 3729(a)(1) sets a base of "not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990." That adjustment happens on a regular schedule, and the Department of Justice publishes the resulting figures at 28 C.F.R. § 85.5.

For penalties assessed after February 12, 2024, that table set the range at $13,946 to $27,894 per claim. That is the most recent figure confirmed in the published Code of Federal Regulations, and because the amount is revised on an inflation schedule, it may already have been increased again. Check the current version of 28 C.F.R. § 85.5 for the amount in force on your date rather than relying on any figure quoted in an article, including this one.

Qui tam lawsuits and the whistleblower's share

Under what is known as a qui tam lawsuit, an employee can file a lawsuit on behalf of the government. The share the whistleblower receives depends on whether the government takes over the case:

Watch out: That third row is where whistleblowers lose most of the value of a case. Where a court finds the action is based primarily on specific information that was already publicly disclosed, and the person bringing the action did not provide that information, the court may award no more than 10 percent of the proceeds. Bringing the government information it does not already have is what drives the size of an award.

31 U.S.C. § 3729; 31 U.S.C. § 3730.

Penalties for Federal Whistleblower Laws

Unless stated otherwise by a statute or an act, employers found guilty of violating an act or statute may be ordered to:

• Stop the violation.
• Reinstate the complainant to a previous job position.
• Pay back pay.
• Reinstate the complainant's full fringe benefits and privileges.
• Pay any other compensatory damages deemed appropriate by the court.

Watch out: Filing deadlines under these statutes are jurisdictional in practical terms, and several of them run for only 30 days from the retaliatory act. A worker who waits to see whether the situation improves before filing can lose the claim entirely on timing alone, regardless of how strong the underlying disclosure was. If you are weighing whether to report, identify which statute covers your disclosure and what its deadline is before anything else.

This article presents general legal information about federal whistleblower statutes in the United States. It is not legal advice, and it does not address state whistleblower laws, which impose their own separate deadlines and remedies. For advice about your own situation, consult an attorney licensed in your state.