Appeals Through Regional U.S. Courts of Appeal |
What are they? |
Contents
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U.S. District Courts handle (and their regional
appellate courts review) cases involving
non-government whistleblowers (qui tam and Sarbanes-Oxley lawsuits), and those
involving important federal interests (such
as First Amendment free speech, Fourth Amendment
searches and seizures and Civil Rights law
violations). Although plaintiffs who believe
federal employees have violated their constitutional
rights can sue a government employee individually,
as well as the agency, most individual (Bivens)
claims are dropped when a judge determines
the defendant employee acted within the scope
of his or her duties. |
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Equal Employment Opportunity Commission (EEOC) |
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Federal and other employers cannot discriminate
on the basis of race, sex, national origin
or disability. The EEOC enforces statutes
including the Civil Rights Act of 1964, the
Rehabilitation Act of 1973, the Age Discrimination
in Employment Act and the Americans with
Disabilities Act of 1990. The EEOC's claims
process has strict deadlines. OSC and EEOC have agreed among themselves
that the EEOC will evaluate cases involving
retaliation for filing claims within the
EEOC's jurisdiction. That may be wider than
the OSC's in retaliation cases because the
employing agency will be held responsible
for allowing a hostile work environment to
continue, as well as for acts of non-employees
(such as contractors) about which the employee's
supervisor knows or should have known. |
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Department of Labor (DOL) |
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Administrative law judges within the DOL hear retaliation claims involving reported Occupational Safety and Health Act (OSHA) and Fair Labor Standards Act (FLSA) violations, among over 150 environmental and labor statutes. See http://www.dol.gov/dol/compliance/compliance-majorlaw.htm Initial violation reports can be internal or made to an outside entity. Then, the employee generally must report the alleged retaliation to DOL within 30 days. The DOL litigation process may take two years. Appeals can be made directly to the regional Courts of Appeal. U.S. District Courts are not involved. Private whistleblowers seeking relief under the new Sarbanes-Oxley act also use this forum. | |
Other Initiatives |
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Regulations concerning Hazard Analysis Critical
Control Points, administered by the Department
of Agriculture, indirectly protect some private
sector whistleblowers by making violations
prosecutable in federal court under the False
Claims Act (qui tam provisions). |
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