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November 4, 2008    DOL Home > Compliance Assistance > By Topic > Whistleblower Protections >
Non-Retaliation Protections

Whistleblower and Non-Retaliation Protections:

Non-Retaliation Protections



In addition to the Whistleblower Protections, other non-retaliation protections are also available under many laws enforced by the Department of Labor (DOL) when an employee has filed a complaint under that law or is participating in an investigation initiated by the Department.


  • Employment Law Guide - Minimum Wage and Overtime Pay - Provides information on the Fair Labor Standards Act (FLSA). It is a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act. The FLSA is administered by DOL's Wage and Hour Division (WHD).
  • Employment Law Guide - Family and Medical Leave - Provides information on the Family and Medical Leave Act (FLMA). Employers are prohibited from discriminating against or interfering with employees who take FMLA leave. The FMLA is administered by DOL's WHD.
  • Employment Law Guide - Employment Discrimination and Equal Opportunity in Supply and Service Contracts - Provides information on Executive Order 11246. Employers are required to take all necessary actions to ensure that no one attempts to intimidate or discriminate against an individual for filing a complaint or participating in a proceeding under the Executive Order. The Executive Order is adminstered by DOL's Office of Federal Contract Compliance Programs (OFCCP).
  • Employment Law Guide - Migrant and Seasonal Agricultural Worker Protection - Provides information on the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The MSPA also gives migrant and seasonal agricultural workers the right to file a complaint with the WHD, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), or testify or cooperate with an investigation or lawsuit in other ways without being intimidated, threatened, restrained, coerced, blacklisted, discharged, or discriminated against in any manner.
  • Employment Law Guide - Mine Safety and Health - Provides information on the Mine Safety and Health Act. Workers are protected against discrimination based on the exercise of rights under the Act. Applicants for mine work have the right not to be discriminated against in hiring because they have previously exercised rights provided under the Act. The Mine Safety and Health Act is administered by DOL's Mine Safety and Health Administration (MSHA).
  • Employment Law Guide - Occupational Safety and Health - Provides information on the Occupational Safety and Health Act (OSH Act). Private sector employees who exercise their rights under the Act can be protected against employer reprisal, as described in Section 11(c) of the OSH Act. Employees must notify DOL's Occupational Safety and Health Administration (OSHA) within 30 days of the time they learned of the alleged discriminatory action. OSHA will then investigate, and if it agrees that discrimination has occurred, OSHA will ask the employer to restore any lost benefits to the affected employee. If necessary, OSHA can take the employer to court. In such cases, the worker pays no legal fees.
  • Employment Law Guide - Uniformed Service Members - Provides information on the Uniformed Services Employment and Reemployment Rights Act (USERRA). An employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. DOL's Veterans' Employment and Training Service (VETS) enforces USERRA.



  • Employee Benefits Security Administration (EBSA)
    200 Constitution Avenue, NW
    Room N-5623
    Washington, DC 20210
    Contact EBSA
    Tel: 1-866-444-EBSA (1-866-444-3272)
    TTY: 1-877-889-5627
    Local Offices

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.

Phone Numbers