12 U.S.C. § 1831j : US Code - Section 1831J: Depository institution employee protection remedy

Search 12 U.S.C. § 1831j : US Code - Section 1831J: Depository institution employee protection remedy

(a) In general
(1) Employees of depository institutions
No insured depository institution may discharge or otherwise
discriminate against any employee with respect to compensation,
terms, conditions, or privileges of employment because the
employee (or any person acting pursuant to the request of the
employee) provided information to any Federal banking agency or
to the Attorney General regarding -
(A) a possible violation of any law or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety;
by the depository institution or any director, officer, or
employee of the institution.
(2) Employees of banking agencies
No Federal banking agency, Federal home loan bank, Federal
reserve bank, or any person who is performing, directly or
indirectly, any function or service on behalf of the Corporation
may discharge or otherwise discriminate against any employee with
respect to compensation, terms, conditions, or privileges of
employment because the employee (or any person acting pursuant to
the request of the employee) provided information to any such
agency or bank or to the Attorney General regarding any possible
violation of any law or regulation, gross mismanagement, a gross
waste of funds, an abuse of authority, or a substantial and
specific danger to public health or safety by -
(A) any depository institution or any such bank or agency;
(B) any director, officer, or employee of any depository
institution or any such bank;
(C) any officer or employee of the agency which employs such
employee; or
(D) the person, or any officer or employee of the person, who
employs such employee.
(b) Enforcement
Any employee or former employee who believes he has been
discharged or discriminated against in violation of subsection (a)
of this section may file a civil action in the appropriate United
States district court before the close of the 2-year period
beginning on the date of such discharge or discrimination. The
complainant shall also file a copy of the complaint initiating such
action with the appropriate Federal banking agency.
(c) Remedies
If the district court determines that a violation of subsection
(a) of this section has occurred, it may order the depository
institution, Federal home loan bank, Federal Reserve bank, or
Federal banking agency which committed the violation -
(1) to reinstate the employee to his former position;
(2) to pay compensatory damages; or
(3) take other appropriate actions to remedy any past
discrimination.
(d) Limitation
The protections of this section shall not apply to any employee
who -
(1) deliberately causes or participates in the alleged
violation of law or regulation; or
(2) knowingly or recklessly provides substantially false
information to such an agency or the Attorney General.
(e) "Federal banking agency" defined
For purposes of subsections (a) and (c) of this section, the term
"Federal banking agency" means the Corporation, the Board of
Governors of the Federal Reserve System, the Federal Housing
Finance Board, the Comptroller of the Currency, and the Director of
the Office of Thrift Supervision.
(f) Burdens of proof
The legal burdens of proof that prevail under subchapter III of
chapter 12 of title 5 shall govern adjudication of protected
activities under this section.