Recent Court Rulings Could Alter OSHA Whistleblower Adjudication

A pair of recent court rulings has created procedural and constitutional uncertainty over the way OSHA adjudicates the majority of its whistleblower complaint docket, leading to possible inconsistent outcomes across cases in the short term and the potential for judicial and legislative changes to the process in the long term, legal experts say. While neither the Supreme Court’s 2024 decision in Securities and Exchange Commission (SEC) v. Jarkesy nor a ruling this year from the U.S. Court of Appeals...