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Thursday, May 7, 2026

Looking to Prevent and Address Workplace Retaliation, Government ... - JD Supra

Solicitor Nanda explained, despite nuances among the laws and standards enforced by the participating agencies, retaliation generally encompasses an employee’s engaging in protected activity, which results in an adverse action. Adverse actions can include termination, confiscating immigration documents, threats, shift changes, reducing hours or responsibilities, blacklisting, demotion, isolation, and ostracizing – effectively any action dissuading an employee from raising a concern about a possible violation or engaging in other protected activity. Protected activity may involve filing a complaint, planning or joining a lawsuit, complaining to a supervisor, or refusing to work. Solicitor Nanda also represented that the Solicitor’s Office aims to engage with its agencies early in retaliation claims to seek, e.g., temporary restraining orders and to ensure every worker can exercise rights and participate in investigations.

Each participant described the laws they enforce and the circumstances they encounter when working through retaliation claims. Specifically, OSHA’s Doug Parker explained the agency’s whistleblower program covers not only the OSH Act, but also 24 other laws covering product and food safety, fraud and financial issues, and transportation.

Solicitor Nanda labeled addressing retaliation in the workplace as a win-win. Because it is illegal, it is a critical part of employer compliance, and by instituting anti-retaliation programs, employers can help employers...



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