Environmental Whistleblower
Representation
The attorneys at The
Employment Law Group® law firm have experience
representing employees who have been discriminated
against for reporting violations of environmental laws.
What laws protect Environmental Whistleblowers?
Six federal environmental
laws include provisions protecting whistleblowers:
1. Water Pollution Act;
2. Safe Drinking Water Act;
3. Solid Waste Disposal Act;
4. Toxic Substances Control Act;
5. Clean Air Act; and
6. Comprehensive Environmental, Response Compensation,
and Liability Act (CERCLA).
Under these laws a retaliation complaint must be filed
with the Occupational Safety and Health Administration
(OSHA) within 30 days of the date on which the
discriminatory action was made and communicated to the
employee.
What activity is protected?
Employees participate in protected activity when they
(1) report internally a violation of the environmental
statutes; (2) commence or are about to commence a
proceeding for violation of federal environmental laws;
(3) testify or are about to testify in any such
proceeding; or (4) assist or participate in such
proceedings that may implicate violations of
environmental regulations. Specific examples include:
1. Complaining that a sewerage system was not in
compliance with the Clear Water Act’s user charge
provisions;
2. Submitting a letter to shipyard commander detailing
environmental violations;
3. Raising concerns about the risks posed by the deposit
of radioactive waste into a tank waste remediation
system;
4. Expressing concerns about improper asbestos removal in
a school; and
5. Refusing to work when working conditions are unsafe or
unhealthy.
What must a plaintiff prove to prevail?
To prevail under any of the environmental statues for
unlawful discrimination, an employee must establish a
prima facie case by showing that:
1. The employee engaged in protected activity;
2. The employer knew of the protected activity;
3. The employee was subjected to adverse action by the
employer; and
4. The employee has sufficient evidence to raise at least
an inference that the protected activity was the likely
reason for the employer’s adverse action.
What is the employer’s burden of production?
If an employee successfully establishes a prima facie
case that the protected activity was the likely reason
for the employer’s adverse action, an employer may rebut
the employee’s prima facie case by producing evidence
that the adverse action was motivated by a legitimate
nondiscriminatory reason.
What retaliatory acts are prohibited under federal
environmental laws?
The federal environmental statutes prohibit a wide range
of retaliatory actions, including termination, demotion,
salary reduction, denial of promotion, denial of
benefits, refusal to hire or rehire, blacklisting,
harassment, and any act that would dissuade a reasonable
person from engaging in further protected activity.
What can a prevailing plaintiff recover?
A prevailing employee will be made whole, i.e., will be
returned to the same position he or she would have been
in absent the retaliation. In particular, a prevailing
employee is entitled to reinstatement, back pay for lost
wages, front pay, compensatory damages, and litigation
costs, including attorney fees. In addition, some of the
environmental whistleblower retaliation statutes
authorize exemplary or punitive damages.
Disclaimer: This website
is maintained by The Employment Law Group® law firm to provide general
information about itself and the field of employment law. The information you
obtain at this site is not, nor is it intended to be, legal advice upon which
you should rely or act. If you would like to discuss your potential claim call
us at 888-603-0983 or
inquiry@employmentlawgroup.us
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