§ 6.9.4.5 SELECTED FEDERAL WHISTLEBLOWER PROTECTION STATUTES

• Jurisdiction: Arizona

§ 6.9.4.5 Selected Federal Whistleblower Protection Statutes. The following list consists of federal statutes that include sections protecting employees who engage in protected activity:

1. Affordable Care Act: Protects employees who report violations of any provision of title I of the ACA, including but not limited to discrimination based on an individual's receipt of health insurance subsidies, the denial of coverage based on a preexisting condition, or an insurer's failure to rebate a portion of an excess premium.¹⁴⁶

2. Age Discrimination in Employment Act: prohibits employers from engaging in adverse employment activity against any employee because the employee opposed any practice made unlawful by the Act, or commenced, testified, participated, or assisted in any enforcement proceeding under the Act.¹⁴⁷

3. Americans With Disabilities Act: prohibits employers from engaging in adverse employment activity against any employee because the employee commenced, testified, participated, or assisted in any enforcement proceeding under the Act, or exercised or encouraged others to exercise rights under the Act.¹⁴⁸

4. American Recovery and Reinvestment Act of 2009: prohibits any nonfederal employer receiving covered funds from discharging, demoting or otherwise discriminating against an employee for disclosing, including any disclosure made in the ordinary course of an employee's duties, to the Board, the inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority or his or her representatives, information that the employee reasonably believes is evidence of (1) gross mismanagement of an agency contract or grant relating to covered funds, (2) a gross waste of covered funds, (3) a substantial and specific danger to public health or safety, (4) an abuse of authority, or (5) a violation of law, rule, or regulation.¹⁴⁹

5. Asbestos Hazard Emergency Response Act: prohibits state or local educational agencies from engaging in adverse employment activity against any employee because the employee reported information regarding a violation or potential violation of the Act (reporting asbestos in schools).¹⁵⁰

6. Asbestos School Hazard Detection and Control Act: prohibits any state or local education agency receiving federal funds to remove asbestos under the Act from engaging in adverse employment activity against any employee because the employee brought to the public's attention asbestos problems in school buildings within the education agency's jurisdiction.¹⁵¹

7. Aviation Investment and Reform Act: prohibits retaliation against employees of air carriers and their contractors for providing to their employers or the federal government information relating to any alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of federal law relating to air safety, or for initiating, testifying, participating, or assisting in a proceeding relating to any such alleged violation.¹⁵²

8. Civil Rights of Institutionalized Persons Act: prohibits retaliation against persons who report conditions that may constitute a violation of the Act.¹⁵³

9. Civil Service Reform Act: prohibits reprisals against employees of the federal government for (1) disclosure of information that the employee reasonably believes evidences a violation of any law, rule, or regulation; (2) disclosure of information that evidences mismanagement, a gross waste of funds, abuse of authority, or a substantial and specific danger to public health and safety; (3) exercise by the employee of any appeal, complaint, or grievance right granted by law, rule, or regulation; (4) testifying in connection with such an appeal, complaint, or grievance; (5) cooperating with or disclosing information to the Inspector General of an agency; or (6) refusing to obey an order that would require the employee to violate a law.¹⁵⁴

10. Clean Air Act: prohibits employers from engaging in adverse employment action against any employee because the employee commenced, testified, participated, or assisted in any enforcement proceeding under the Act.¹⁵⁵

11. Coast Guard Whistleblower Protection Act: prohibits a seaman from being discharged or in any manner discriminated against for reporting (or about to report) in good faith to the Coast Guard or other appropriate federal agency or department that the seaman believes that a violation of a maritime safety law or regulation has occurred.¹⁵⁶

12. Comprehensive Environmental Response, Compensation, and Liability Act: prohibits employers from engaging in adverse employment action because the employee provided information to state or federal government agencies or commenced, testified, participated, or assisted in any enforcement proceeding under the Act.¹⁵⁷

13. Consumer Financial Protection Act: protects employees for disclosing reasonably perceived violations of any provision of the Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act or any other provision of law that is subject to the jurisdiction of the Bureau of Consumer Financial Protection, or any rule, order, standard, or prohibition prescribed by the Bureau.¹⁵⁸

14. Department of Defense Authorization Act of 1984: prohibits civilian employees or nonappropriated fund instrumentality employees of the Department of Defense who have power to make personnel decisions from taking adverse employment action against another civilian employee of the Department of Defense because that employee disclosed information regarding a violation of rules or law, mismanagement, gross waste, abuse of power, or endangerment of the public, if the disclosure is not prohibited by law or must be kept secret in the interests of national defense or foreign affairs.¹⁵⁹

15. Department of Defense Authorization Act of 1987: prohibits adverse employment action against employees of defense contractors because the employee disclosed to a member of Congress, a representative of a committee of Congress, an Inspector General, the Government Accountability Office, a Department of Defense employee responsible for contract oversight or management, or an authorized official of an agency or the Department of Justice information that the employee reasonably believes is evidence of gross mismanagement of a Department of Defense contract or grant, a gross waste of Department of Defense funds, a substantial and specific danger to public health or safety, or a violation of law related to a Department of Defense contract (including the competition for or negotiation of a contract) or grant.¹⁶⁰

16. Dodd–Frank Wall Street Reform and Consumer Protection Act:¹⁶¹ In imposing sweeping new regulations in the financial services industry, the 848-page Act creates a "Securities Whistleblower Incentives Fund" which will provide whistleblowers with up to 30% of penalties or fines imposed on financial service companies as a result...