The Occupational Safety and Health Administration (OSHA) is responsible for investigating and making at least preliminary decisions on a number of whistleblower claims. Many whistleblower statutes have an administrative exhaustion requirement that forces whistleblowers to first file a complaint with OSHA, as a prerequisite to ever filing a lawsuit in federal court. Some whistleblower statutes also only permit a whistleblower to litigate his or her claims through the administrative process, without ever being able to bring a lawsuit in federal court. Consequently, it is imperative that whistleblowers who have suffered retaliation timely file their complaint with OSHA, since failure to file a complaint within the prescribed timelines will forfeit even a meritorious claim.
These deadlines are usually measured from the date that the whistleblower first suffers a retaliatory action in response to protected activity. While these deadlines may in some cases be extended in extraordinary circumstances, it is imperative that whistleblowers who have suffered retaliation file a complaint with OSHA as soon as possible.
Some examples of whistleblower retaliation are Discharge, Demotion, Reprimand, Harassment, Hostile Work Environment, Lay-off, Failure to Hire, Failure to Promote, Blacklisting, Failure to Recall, Transfer to Different Job, Change in Duties or Responsibilities, Denial of Overtime, Reduction in Pay, Denial of Benefits, Making a Threat, Intimidation, and Constructive Discharge (deliberately creating an environment so unpleasant that a reasonable person would feel compelled to resign).
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