(a) In general.
(1) 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) 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) 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.
1-399.56
(c) Remedies. If the district court determines
that a violation of subsection (a) 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), the term “Federal banking agency” means
the Corporation, the Board of Governors of the Federal Reserve System,
the Federal Housing Finance Agency, and the Comptroller of the Currency.
(f) Burdens of proof. The legal burdens of proof that prevail under subchapter III of
chapter 12 of title 5, United States Code shall govern adjudication
of protected activities under this section.
[12 USC 1831j. As added
by act of Aug. 9, 1989 (103 Stat. 494) and amended by acts of Dec.
19, 1991 (105 Stat. 2332); Dec. 17, 1993 (107 Stat. 2406); Sept. 23,
1994 (108 Stat. 2291); and July 21, 2010 (124 Stat. 1555).]
