Inside OSHA

September 27, 2021

OSHA Narrows Test For Whistleblower Retaliation, Citing High Court

September 7, 2021 at 5:50 PM
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...

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