Whistleblower protection laws prohibit discrimination against workers who complain about safety violations in certain industries (e.g., nuclear plants, water treatment plants, waste disposal plants, etc.). These laws protect workers who alert the proper authorities of dangers to the public safety.

Employees who believe they have been discriminated against in violation of these protective provisions may file a complaint within 30 days of the alleged violation with the Occupational Safety and Health Administration (OSHA). The Occupational Safety and Health Act of 1970 (OSH Act) and other laws protect workers who complain to their employers, unions, OSHA or other government agencies about unsafe or unhealthful conditions or environmental problems in the workplace. The laws apply to general industry and construction employers. Employers may not punish or retaliate against workers for exercising their rights under the OSH Act.

Section 11(c) of the OSH Act authorizes OSHA to investigate employee complaints of employer discrimination against employees who are involved in safety and health activities protected under the Act. State and local government workers in the 29 OSHA state-plan states may file complaints of employer discrimination with the state plan as well.

Protection from workplace retaliation means that an employer cannot take adverse action against workers who file complaints, including actions like:

• Firing or laying off;
• Blacklisting (intentionally interfering with an employee's ability to obtain future employment);
• Demoting;
• Denying overtime or promotion;
• Disciplining;
• Denial of benefits;
• Failure to hire or rehire;
• Intimidation or harassment;
• Making threats;
• Reassignment to a less desirable position or affecting promotion prospects;
• Reducing pay or hours;
• More subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance;
• Constructive discharge (quitting when an employer makes working conditions intolerable due to the employee’s protected activity);
• Reporting the employee to the police or immigration authorities; and/or
• Application of an employer policy which discourages reporting.