OSHA Narrows Test For Whistleblower Retaliation, Citing High Court

OSHA has reworked a long-standing “interpretive rule” to specify that proving whistleblower retaliation requires showing that protected activity was the “but-for” cause of an employer’s discriminatory action, based on several recent Supreme Court decisions the agency had already incorporated into less-formal guidance. The rule, announced in a Sept. 3 Federal Register notice , adopts a new interpretation of Section 11(c)(1) of the OSH Act, which prohibits employers from firing or discriminating against a worker because they filed a complaint...