This chart of federal laws complements the Tate & Renner chart of state health and safety whistleblower rights. This chart is meant to call attention to the types of claims that employees should investigate. It is also meant to urge them to consult a lawyer to assess each claim before the time limits expire. "SOL" means "statute of limitations." It is the time limit to file a legal action. This chart is not updated on any regular basis, and it is not meant to establish an attorney-client relationship. Only by retaining an attorney can employees get answers they can legally rely on.
So, do not rely upon this table for legal advice. This summary table is provided for information only and to assist attorneys in legal research. It is not warranted to be accurate in any respect. This table cannot replace the need for independent research or legal advice regarding where, when, and how your claim can be brought. Further, the statutes of limitations herein may not apply to your case or situation, may no longer be applicable, and, like any employment-related law, are always subject to change at any time, by act of Congress, agency practice, the courts, or changing facts in the case itself. Thank you to Ann Lugbill and Stephen M. Kohn for much of the information on this page.
News Flash: Consumer product whistleblower protection enacted
On 2008-08-14, the Consumer Product Safety Commission Improvement Act was enacted. In Section 219, it creates a new legal protection for whistleblowers who work for a manufacturer, private labeler, distributor, or retailer of consumer products. It protects them when they raise safety concerns with their employer, the federal government or the attorney general of any state. They are also protected when they testify, or are about to testify, or participate in enforcement proceedings, or refuse to participate in any violation of the Consumer Product Safety Commission Act.Victims of unlawful discrimination under the act will have 180 days to file a written complaint with OSHA. If the Department of Labor does not issue a final decision within 210 days, then the victim can commence an enforcement action in federal court. Click here for the full text of the new Act.
Whistleblower or Retaliation Statute |
Legal Citation |
Statute of Limitations (SOL) |
Where to File |
First Amendment |
U.S. Const., 1st Am. |
State PI limit |
state or fed ct. |
Civil Rights Act of 1871 |
42 U.S.C. §§ 1983, 1985 |
State PI limit |
state or fed ct. |
Age Discrimination in Employment Act (ADEA) |
29 U.S.C. § 623(d) |
180-300 days |
EEOC/state employment discrimination agency; private cause of action in federal court |
Americans with Disabilities Act (ADA) |
42 U.S.C. §12203(a) 29 C.F.R. Part 1640 |
180-300 days |
EEOC/state employment discrimination agency; private cause of action in federal court |
Asbestos Hazard Emergency Response Act of 1986 |
15 U.S.C. § 2651 |
90 days |
DOL/OSHA |
Asbestos School Hazard Detection & Control Act |
20 U.S.C. § 3608 |
None in statute |
None stated. |
Atomic Energy and Energy Reorganization Acts |
42 U.S.C. § 5851 |
180 days |
DOL/OSHA |
Bankruptcy |
11 U.S.C. § 525(b) |
||
Civil Rights Act of 1964 ("Title VII) |
42 U.S.C. § 2003a |
180-300 days |
EEOC/state employment discrimination agency; private cause of action in federal court |
Civil Rights of Institutionalized Persons Act |
42 U.S.C. § 1997d |
None in statute |
No private cause of action for employees recognized |
Civil Service Reform Act |
5 U.S.C. § 2302 |
Not in statute |
No private cause of action, administrative remedies only |
Civil Service Reform Act (FBI employees)
|
5 U.S.C. § 2303 |
See Whistleblower Protection Act | |
Civilian Employees of the Armed Forces |
10 U.S.C. § 1587 |
Secretary of Defense/OPM, MSPB | |
Civil War Reconstruction Era Federal Civil Rights Statutes |
42 U.S.C. §§ 1981, 1983, 1985, 1985(2)(witness protection) |
28 U.S.C. § 1658(a) applies 4-year statute of limitation to laws enacted after December 1, 1990; otherwise most analogous state law applies |
Federal district court |
Clayton Act (antitrust) |
15 U.S.C. § 15(a) |
4 years-see 15 U.S.C. § 15(b) |
Federal District Court, generally no standing recognized for employees |
Clean Air Act |
42 U.S.C. § 7622 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
Coast Guard whistleblower protection [Commercial Fishing Industry Vessel Act] |
46 U.S. C. § 2114 |
None in statute |
Federal District Court |
Commercial Motor Vehicles Program (see STAA) |
49 U.S.C. § 31105, 29 C.F.R. Part 1978 |
180 days |
DOL/OSHA |
Comprehensive Environmental Response, Compensation and Liability Act ("Super Fund")
|
42 U.S.C. § 9610 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
Consumer Credit Protection Act (garnishments) |
15 U.S.C. § 1674 |
||
Consumer Product Safety Commission Improvement Act |
15 U.S.C. § 2087 |
180 days |
DOL/OSHA, bypass option to federal court after 210 days |
Contractor Employees of the Armed Forces |
10 U.S.C. § 2409 |
None in statute |
Inspector General of contracting agency, no private cause of action recognized by courts |
Credit Union Employee Protection |
12 U.S.C. §1790b |
2 years |
federal court |
Department of Energy Defense Activities Whistleblower Protection |
42 U.S.C. § 7239 |
30 days to report violation; 90 days to report retaliation |
Office of Hearings and Appeals |
Employee Polygraph Protection Act |
29 U.S.C. § 2002 29 C.F.R. § 801 et seq., esp. 801-40 |
3 years |
DOL/Federal District Court/State Court |
Employee Retirement Income Security Act (ERISA) |
29 U.S.C. §1132(a), 1140 |
3 years |
Federal District Court |
Energy Reorganization Act |
42 U.S.C. § 5851 29 C.F.R. Part 24 |
180 days |
DOL/OSHA, bypass option to federal court after one year |
Equal Pay Act |
29 U.S.C. § 206(d) |
2 years; 3 years if "wilful" violation |
DOL or Federal district court |
Fair Labor Standards Act (wage & hour, child labor, minimum wage, overtime) |
29 U.S.C. § 215(a)(3) 29 C.F.R. Part 783 |
2 years; 3 years if "wilful" violation |
DOL, Federal District Court, or state court |
False Claims Act |
31 U.S.C. § 3730(h) |
State tort time limit applies |
Federal District Court |
Family and Medical Leave Act "[FMLA"] |
29 U.S.C. § 2615 |
2 years (3 years if "wilful" violation) |
DOL, Federal District Court, or state court |
Federal Credit Unions |
12 U.S.C. § 1790(b) |
Federal District Court | |
Federal Rail Safety Act (FRSA) |
49 U.S.C. § 20109 |
180 days |
DOL / OSHA |
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), covering banks with insurance from the Federal Deposit Insurance Corporation (FDIC) |
12 U.S.C. § 1831j |
2 years |
federal court |
Federal Deposit Insurance Corporation |
12 U.S.C. § 1831k |
none for reward |
federal banking agency |
Federal Employers Liability Act (FELA) |
45 U.S.C. § 60 |
||
Federal Home Loan Banks, Resolution Trust Corporation |
12 U.S.C. § 1441a |
||
Federal Mine Health and Safety Act |
30 U.S.C. 815(c) |
60 days |
|
Federal Railway Safety Act |
45 U.S.C. § 441 (old), now: 49 U.S.C. § 20109; |
180 days |
DOL/OSHA, bypass option to federal court after 210 days |
International Safe Container Act of 1977 |
46 U.S.C. § 1506 |
60 days |
DOL/OSHA |
Foreign Service Act of 1980 |
22 U.S.C. § 3905 |
||
Jones Act (Maritime employees) |
46 U.S.C. § 688 |
Federal District Court, common law maritime tort implied.
| |
Jury Duty Act (for service on federal juries) |
28 U.S.C. § 1875 |
Federal District Court
| |
Labor Management Relations Act |
29 U.S.C. § 301 |
Varies with state law, generally 180 days-15 years |
Federal District Court |
Lloyd-LaFollette Act |
5 U.S.C. § 7211 |
None in statute |
|
Longshoreman's and Harbor Worker's Compensation Act |
33 U.S.C. § 948(a) |
DOL | |
Major Fraud Act of 1989 |
18 U.S.C. § 1031 |
None in statute |
Federal District Court civil |
Migrant and Seasonal Agricultural Workers Protection Act |
29 U.S.C. §§1854, 1855 |
180 days |
DOL |
Military Whistleblower Protection Act |
10 U.S.C. § 1034 |
None in statute |
Office of Inspector General, administrative remedy only, no private cause of action |
Monetary Transactions |
31 U.S.C. § 5328 |
2 years |
federal court |
National Labor Relations Act |
29 U.S.C. §158(a)(4) |
6 months |
NLRB |
National Transit Systems Security Act of 2007 (NTSSA) |
6 U.S.C. § 1142 |
180 days |
DOL / OSHA |
Occupational Safety and Health Act |
29 U.S.C. § 660(c), 29 C.F.R. Part 1977 ("Part 11(c)") |
30 days |
DOL/OSHA-no private cause of action |
Pipeline Safety Improvement Act |
49 U.S.C. § 60129 |
180 days |
OSHA |
Public Health Service Act |
42 U.S.C. §1201 et seq. (1988), 42 CFR Part 50, Subpart A, 42 C.F.R. §§ 50.103, 104 |
Administrative, within funded private entity | |
Racketeer Influenced & Corrupt Organizations Act ("RICO")(very limited whistleblower applicability-see Beck v. Prupis, 529 U.S. 494 (2000)) |
38 U.S.C. § 1961- 68 |
4 years (applies Clayton Act statute of limitations) |
Federal District Court |
Railway Safety Labor Act |
49 U.S.C. § 20109 |
National Railroad Adjustment Board | |
Railway Security |
49 U.S.C. § 20118 |
90 days |
OSHA/DOL |
Rehabilitation Act |
29 U.S.C. § 794,29 C.F.R. §§ 1614, 1641, Chapter 60 |
Administrative, DOL/OFCCP; EEOC | |
Safe Containers for International Cargo Act |
46 U.S.C. §1506 |
60 days |
DOL/OSHA |
Safe Drinking Water Act |
42 U.S.C. §300j-9 |
30 days |
DOL/OSHA |
Sarbanes Oxley Act |
18 U.S.C. § 1514A |
90 days |
DOL/OSHA, bypass option to federal court after 180 days |
Solid Waste Disposal Act |
42 U.S.C. § 6971, |
30 days |
DOL/OSHA |
Surface Mining Control and Reclamation Act |
30 U.S.C. §1293 |
None in statute |
Administrative,DOL |
Surface Transportation Assistance Act (STAA) |
49 U.S.C. § 31105, 29 C.F.R. Part 1978 |
180 days |
DOL/OSHA |
Toxic Substances Control Act |
15 U.S.C. §2622 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
Uniformed Services Employment and Reemployment Rights Act of 1994 |
38 U.S.C. § 4301, et seq., 38 U.S.C. §4311(b) |
Administrative (Secretary of Defense, OPM) or private suit in Federal District Court | |
[Federal] Water Pollution Control Act ("Clean Water Act") |
33 U.S.C. §1311, 1367(a), (b) , 29 C.F.R. Part 24 |
30 days |
DOL/OSHA |
Welfare and Pensions Disclosure Act |
29 U.S.C. §1140 |
3 year |
|
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ("AIR 21") |
42 U.S.C. § 42121 |
90 days |
DOL/OSHA, bypass option to federal court after 210 days |
Whistleblower Protection Act (federal government employees) |
5 U.S.C. § 2302(b)(8) & (b)(9) |
180 days |
DOL |
Workforce Investment Act, ("Welfare to Work"), formerly Job Training and Partnership Act (JTPA) |
29 U.S.C. §1574(g) or 29 U.S.C. § 2934(f) |
DOL-but see 29 C.F.R. Part 37, §§ 629.51, 637.11 |
If you know of any changes to the law not shown on this chart, let us know.
When you shop around for an attorney, look for attorneys who have experience in employment matters, such as the members of the National Employment Lawyers Association (NELA).
The Truckers Justice Center handles cases for truckers nationwide. It may be contacted at: 900 West 128th Street, Suite 101, Burnsville, MN 55337, 651-454-5800, Fax 775.402.7561, http://www.truckersjustice.com/Trucking.shtml
The National Whistleblower Center maintains a lawyer referral service, which may be contacted as follows:
Project Manager
National Whistleblower Legal Defense and Education Fund
P.O. Box 3768
Washington, DC 20027
Phone: (202) 342-1903
Fax: (202) 342-1904
Email: info@whistleblowers.org
http://www.whistleblowers.org/
Intake Form
The Government Accountability Project (GAP) is a national, public-interest organization that provides advocacy and legal support to whistleblowers, and may be contacted as follows:
Government Accountability Project
West Coast Office - Intake Coordinator
1511 3rd Avenue, Suite 321
Seattle, WA 98101
Phone: (206) 292-2850
Fax: (206) 292-0610
Email: intake@whistleblower.org
http://www.whistleblower.org/
Intake Application
Public Employees for Environmental Responsibility (PEER) conducted a state-by-state survey of laws protecting public employees. Its survey provided much of the useful information on the companion page of state laws.
2000 P Street NW, Suite 240
Washington, DC 20036
(202) 265-7337
Fax: (202) 265-4192
email: info@peer.org
http://www.peer.org/state/index.php
Tate & Renner
505 N. Wooster Ave.
P.O. Box
8
Dover, OH 44622-0008
(330) 364-9900
(330) 364-9901 FAX
Email: rrenner@igc.org