Question 1

Under 1987.102(a), does the prohibition on retaliation include threats, intimidation, and blacklisting?

Accepted Answer

Yes — §1987.102(a)) explicitly prohibits an employer from retaliating against an employee by intimidating, threatening, restraining, coercing, blacklisting, disciplining, or discharging the employee for protected activity. The protection covers a broad list of retaliatory actions, not just firing. Cite: §1987.102(a)).

Question 2

Under 1987.102(b)(1), am I protected if I report a suspected violation of the FD&C to my employer?

Accepted Answer

Yes — §1987.102(b)(1)(1)) protects employees who provide or are about to provide information to their employer about violations or suspected violations of the FD&C. Protection applies whether the report is made by the employee or by a person acting at the employee's request. Cite: §1987.102(b)(1)(1)).

Question 3

Under 1987.102(b)(1), am I protected if I report violations to the Federal Government or a State attorney general?

Accepted Answer

Yes — §1987.102(b)(1)(1)) protects employees who provide or are about to provide information to the Federal Government or a State attorney general about alleged violations of the FD&C. The protection covers both actual reporting and attempts or preparations to report. Cite: §1987.102(b)(1)(1)).

Question 4

Under 1987.102(b)(2), am I protected if I testify in a proceeding about an FD&C violation?

Accepted Answer

Yes — §1987.102(b)(2)(2)) protects employees who testify or are about to testify in any proceeding concerning an alleged FD&C violation. This includes testimony given in formal proceedings and preparations to testify. Cite: §1987.102(b)(2)(2)).

Question 5

Under 1987.102(b)(3), am I protected for helping or participating in an investigation about an FD&C violation?

Accepted Answer

Yes — §1987.102(b)(3)(3)) protects employees who assist, participate, or are about to assist or participate in proceedings related to alleged violations of the FD&C. Assistance or participation can include providing evidence, helping a colleague, or otherwise supporting a proceeding. Cite: §1987.102(b)(3)(3)).

Question 6

Under 1987.102(b)(4), am I protected if I refuse to do a task I reasonably believe violates the FD&C?

Accepted Answer

Yes — §1987.102(b)(4)(4)) protects employees who object to or refuse to participate in an activity, policy, practice, or task that they reasonably believe violates the FD&C or related rules, standards, or bans. The protection covers refusals made based on a reasonable belief that the activity is a violation. Cite: §1987.102(b)(4)(4)).

Question 7

Under 1987.102, does protection extend to someone acting at my request who reports a violation?

Accepted Answer

Yes — §1987.102(a)) and §1987.102(b)) make clear that protection applies when an employee or any person acting pursuant to a request of the employee provides information or takes other protected actions. This means a coworker or third party who reports at your request is covered. Cite: §1987.102(a)) and §1987.102(b)).

Question 8

Under 1987.102, does the protection cover actions taken before I actually report or testify (for example, preparing to report or testify)?

Accepted Answer

Yes — several parts of §1987.102(b)) specifically protect employees who are "about to" provide information, testify, or assist in proceedings, so preparation and steps toward those activities are covered. The phrase "about to" indicates protection starts during preparations, not only after formal reporting or testimony. Cite: §1987.102(b)(1)(1)) and §1987.102(b)(2)(2)).

Question 9

Under 1987.102, is an employer allowed to change my job terms after I report a suspected FD&C violation?

Accepted Answer

No — §1987.102(a)) prohibits employers from retaliating against employees with respect to compensation, terms, conditions, or privileges of employment for engaging in protected activities. That includes adverse changes such as pay cuts, demotions, reduction in hours, or reassignment tied to protected activity. Cite: §1987.102(a)).

Question 10

Under 1987.102, does the protection apply if I only reasonably believe there's a violation, even if I'm wrong?

Accepted Answer

Yes — §1987.102(b)(1)(1)) and §1987.102(b)(4)(4)) protect employees who reasonably believe an act or omission violates the FD&C and related rules; the protection does not require the belief to be ultimately proven correct. The standard uses the phrase "reasonably believes" to cover good faith concerns. Cite: §1987.102(b)(1)(1)) and §1987.102(b)(4)(4)).

Question 11

Under 1987.102, can an employer discipline me for objecting to a task I reasonably believe violates the FD&C?

Accepted Answer

No — §1987.102(b)(4)(4)) protects employees who object to or refuse to participate in tasks they reasonably believe violate the FD&C, and §1987.102(a)) bars disciplining employees for engaging in protected activities. Discipline tied to a reasonable objection would be retaliatory and is prohibited. Cite: §1987.102(b)(4)(4)) and §1987.102(a)).

Question 12

Under 1987.102, does protection cover informal complaints made to a supervisor or co-worker?

Accepted Answer

Yes — §1987.102(b)(1)(1)) protects information provided to the employer, which includes informal reports to supervisors or other management, and the regulation also protects persons acting at an employee's request. Informal internal complaints are covered as long as they relate to suspected FD&C violations and are made in good faith. Cite: §1987.102(b)(1)(1)).

Question 13

Under 1987.102, can an employer retaliate if they claim my report was false?

Accepted Answer

No — an employer may not retaliate against an employee for reporting or participating in protected activities even if the employer later disputes the accuracy of the report; §1987.102(a)) and §1987.102(b)(1)(1)) protect employees who provide information they reasonably believe to be violations. Protection depends on a reasonable belief, not on whether the report is ultimately proven true. Cite: §1987.102(a)) and §1987.102(b)(1)(1)).

Question 14

Under 1987.102, does the term 'employee' include contractors or temporary workers?

Accepted Answer

The regulation text uses the term "employee," and protections apply to employees as defined by the FD&C and related regulations; whether someone is an "employee" (versus an independent contractor) is determined by the relevant laws and facts, but §1987.102(a)) is written to protect employees from retaliation. For situations involving contractors or temps, determine worker status under applicable laws to confirm coverage. Cite: §1987.102(a)).

Question 15

Under 1987.102, does the protection cover someone who assists a coworker in gathering evidence of a violation?

Accepted Answer

Yes — §1987.102(b)(3)(3)) protects employees who assist or participate, including helping others gather evidence or prepare for proceedings concerning alleged FD&C violations. Assisting coworkers in investigations or proceedings is a protected activity. Cite: §1987.102(b)(3)(3)).

Question 16

Under 1987.102, is refusing to follow a policy that conflicts with the FD&C protected, even if my supervisor orders me to do it?

Accepted Answer

Yes — §1987.102(b)(4)(4)) protects employees who refuse to participate in policies or tasks they reasonably believe violate the FD&C, even when directed by a supervisor. A reasonable belief that the policy violates the FD&C triggers protection against retaliation. Cite: §1987.102(b)(4)(4)).

Question 17

Under 1987.102, does the protection cover reporting violations of FD&C-related rules, standards, or bans in addition to the FD&C itself?

Accepted Answer

Yes — §1987.102(b)(1)(1)) and §1987.102(b)(4)(4)) explicitly include protections for reporting or objecting to acts that an employee reasonably believes violate any provision of the FD&C or any order, rule, regulation, standard, or ban under the FD&C. This means reporting violations of subordinate rules and bans tied to the FD&C is covered. Cite: §1987.102(b)(1)(1)) and §1987.102(b)(4)(4)).

Question 18

Under 1987.102, am I protected if I raise concerns about a policy that I reasonably believe could lead to future FD&C violations?

Accepted Answer

Yes — §1987.102(b)(1)(1)) and the inclusion of "about to provide" language protect employees who report or are about to report information about violations or acts they reasonably believe to be violations, including concerns about policies that may lead to future violations. Raising forward looking concerns in good faith falls within the regulation's protections. Cite: §1987.102(b)(1)(1)).

Question 19

Under 1987.102, are informal actions like complaining to a supervisor and formal actions like testifying both protected equally?

Accepted Answer

Yes — §1987.102(b)) protects a range of activities, from providing information to an employer or government to testifying, assisting, or objecting; both informal internal complaints and formal testimony are covered when they relate to suspected FD&C violations. Protection applies across informal and formal actions as long as they fall within the listed categories. Cite: §1987.102(b)(1)(1)) and §1987.102(b)(2)(2)).

Question 20

Under 1987.102, does the prohibition on retaliation apply to changes in work assignments?

Accepted Answer

Yes — §1987.102(a)) bars retaliation affecting the terms, conditions, or privileges of employment, which includes adverse changes in work assignments that are taken because an employee engaged in protected activity. Reassignments intended to punish or chill reporting are prohibited under the rule. Cite: §1987.102(a)).

Obligations and prohibited acts

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