---
kind: "section"
citation: "15 U.S.C. § 7a–3"
title: "15"
title_heading: "Commerce and Trade"
number: "7a–3"
heading: "Anti-retaliation protection for whistleblowers"
release: "119-102"
url: "https://uscodex.org/usc/15/7a-3"
units:
  - "Chapter 1 — Monopolies and Combinations in Restraint of Trade"
---

# §7a–3. Anti-retaliation protection for whistleblowers

- (a) **Whistleblower protections for employees, contractors, subcontractors, and agents—**
  - (1) **In general—** No [employer](#a-3-C) may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a [covered individual](#a-3-B) in the terms and conditions of employment of the [covered individual](#a-3-B) because of any lawful act done by the [covered individual](#a-3-B)—
    - (A) to provide or cause to be provided to the [Federal Government](#a-3-D) or a [person](#a-3-E) with supervisory [authority](/usc/15/3051.md?p=1) over the [covered individual](#a-3-B) (or such other [person](#a-3-E) working for the [employer](#a-3-C) who has the [authority](/usc/15/3051.md?p=1) to investigate, discover, or terminate misconduct) information relating to—
      - (i) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, the [antitrust laws](#a-3-A); or
      - (ii) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, another criminal law committed in conjunction with a potential [violation](#a-4) of the [antitrust laws](#a-3-A) or in conjunction with an investigation by the Department of Justice of a potential [violation](#a-4) of the [antitrust laws](#a-3-A); or
    - (B) to cause to be filed, testify in, participate in, or otherwise assist a [Federal Government](#a-3-D) investigation or a [Federal Government](#a-3-D) proceeding filed or about to be filed (with any knowledge of the [employer](#a-3-C)) relating to—
      - (i) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, the [antitrust laws](#a-3-A); or
      - (ii) any [violation](#a-4) of, or any act or omission the [covered individual](#a-3-B) reasonably believes to be a [violation](#a-4) of, another criminal law committed in conjunction with a potential [violation](#a-4) of the [antitrust laws](#a-3-A) or in conjunction with an investigation by the Department of Justice of a potential [violation](#a-4) of the [antitrust laws](#a-3-A).
  - (2) **Limitation on protections—** [Paragraph (1)](#a-1) shall not apply to any [covered individual](#a-3-B) if—
    - (A) the [covered individual](#a-3-B) planned and initiated a [violation](#a-4) or attempted [violation](#a-4) of the [antitrust laws](#a-3-A);
    - (B) the [covered individual](#a-3-B) planned and initiated a [violation](#a-4) or attempted [violation](#a-4) of another criminal law in conjunction with a [violation](#a-4) or attempted [violation](#a-4) of the [antitrust laws](#a-3-A); or
    - (C) the [covered individual](#a-3-B) planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a [violation](#a-4) of the [antitrust laws](#a-3-A).
  - (3) **Definitions—** In this section:
    - (A) **Antitrust laws—** The term “antitrust laws” means section [1](/usc/15/1.md) or [3](/usc/15/3.md) of this title.
    - (B) **Covered individual—** The term “covered individual” means an employee, contractor, subcontractor, or agent of an [employer](#a-3-C).
    - (C) **Employer—** The term “employer” means a [person](#a-3-E), or any officer, employee, contractor, subcontractor, or agent of such [person](#a-3-E).
    - (D) **Federal Government—** The term “Federal Government” means—
      - (i) a Federal regulatory or law enforcement agency; or
      - (ii) any Member of Congress or [committee](/usc/15/2921.md?p=1) of Congress.
    - (E) **Person—** The term “person” has the same meaning as in subsection (a) of [section 12 of this title](/usc/15/12.md).
  - (4) **Rule of construction—** The term “violation”, with respect to the [antitrust laws](#a-3-A), shall not be construed to include a civil violation of any law that is not also a criminal violation.
- (b) **Enforcement action—**
  - (1) **In general—** A [covered individual](#a-3-B) who alleges discharge or other discrimination by any [employer](#a-3-C) in [violation](#a-4) of [subsection (a)](#a) may seek relief under [subsection (c)](#c) by—
    - (A) filing a complaint with the Secretary of Labor; or
    - (B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the [claimant](/usc/15/7a.md?p=4), bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
  - (2) **Procedure—**
    - (A) **In general—** A complaint filed with the Secretary of Labor under [paragraph (1)(A)](#b-1-A) shall be governed under the rules and procedures set forth in [section 42121(b) of title 49](/usc/49/42121.md?p=b).
    - (B) **Exception—** Notification made under [section 42121(b)(1) of title 49](/usc/49/42121.md?p=b-1) shall be made to any individual named in the complaint and to the [employer](#a-3-C).
    - (C) **Burdens of proof—** An action brought under [paragraph (1)(B)](#b-1-B) shall be governed by the legal burdens of proof set forth in [section 42121(b) of title 49](/usc/49/42121.md?p=b).
    - (D) **Statute of limitations—** A complaint under [paragraph (1)(A)](#b-1-A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the [violation](#a-4) occurs.
    - (E) **Civil actions to enforce—** If a [person](/usc/15/78m.md?p=h-8-E) fails to comply with an [order](/usc/15/8702.md?p=14) or preliminary [order](/usc/15/8702.md?p=14) issued by the Secretary of Labor pursuant to the procedures set forth in [section 42121(b) of title 49](/usc/49/42121.md?p=b), the Secretary of Labor or the [person](/usc/15/78m.md?p=h-8-E) on whose behalf the [order](/usc/15/8702.md?p=14) was issued may bring a civil action to enforce the [order](/usc/15/8702.md?p=14) in the district court of the United States for the judicial district in which the [violation](#a-4) occurred.
- (c) **Remedies—**
  - (1) **In general—** A [covered individual](#a-3-B) prevailing in any action under [subsection (b)(1)](#b-1) shall be entitled to all relief necessary to make the [covered individual](#a-3-B) whole.
  - (2) **Compensatory damages—** Relief for any action under [paragraph (1)](#c-1) shall include—
    - (A) reinstatement with the same seniority status that the [covered individual](#a-3-B) would have had, but for the discrimination;
    - (B) the amount of back pay, with interest; and
    - (C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney’s fees.
- (d) **Rights retained by whistleblowers—** Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any [covered individual](#a-3-B) under any Federal or [State](/usc/15/15g.md?p=2) law, or under any collective bargaining [agreement](/usc/15/7a.md?p=2).

## Source credit

(Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.)