Whistleblower retaliation protections

The employer is prohibited from discharging, demoting, suspending, threatening, blacklisting, harassing, or otherwise discriminating against a whistleblower in the terms and conditions of employment or post-employment. See 1992.102(a).

• This list is not limited to the exact words used; the phrase "in any other manner discriminate" means other adverse actions that change employment terms or affect post-employment status are also covered.
• Protections apply whether the adverse action is direct or indirect (for example, demoting through a series of steps or pressuring a supervisor to take action).

A whistleblower is protected when providing information to their employer (including supervisors), the Secretary of the Treasury or the Attorney General, a Federal regulatory or law enforcement agency, or any Member or committee of Congress. See 1992.102(b)(1) and its subsections 1992.102(b)(1)(i) through 1992.102(b)(1)(iv).

• This protection covers disclosures about violations of specific statutes listed in the rule and conspiracies to violate them.
• "Employer" includes persons with supervisory authority or others at the employer who can investigate, discover, or terminate misconduct.

The employer includes the organization that employs the whistleblower and also any person with supervisory authority or other individuals working for the employer who have authority to investigate, discover, or terminate misconduct. See 1992.102(b)(1)(i).

• The rule explicitly covers internal reports made "including as part of the job duties of the whistleblower."
• In practice, this means that reporting to your manager, HR, compliance officer, or any internal investigator who has authority to act is covered.

Yes—employees are protected when they initiate, testify in, or assist in any investigation or judicial or administrative action of the Department of the Treasury or the Department of Justice that is based on or related to protected information. See 1992.102(b)(2).

• Protection applies to taking part in investigations or proceedings that arise from information described in 1992.102(b)(1).
• This covers both providing evidence and assisting counsel or investigators.

Reporting is protected when the whistleblower reasonably believes the conduct constitutes a violation of any law, rule, or regulation under the Department of the Treasury’s jurisdiction or certain money-laundering statutes in title 18, and the report is made to a supervisor or another employee who the whistleblower reasonably believes has authority to investigate, discover, terminate the misconduct, or take other action. See 1992.102(b)(3) and its subsections 1992.102(b)(3)(i) and 1992.102(b)(3)(ii).

• The protection depends on the whistleblower’s reasonable belief, not proof, that a violation occurred.
• If the person reported to lacks authority and the whistleblower could not reasonably have known that, protection may not apply.

Yes—reports to another individual working for the employer are protected if the whistleblower reasonably believes that the co-worker has authority to investigate, discover, terminate the misconduct, or take other action to address it. See 1992.102(b)(3)(ii).

• The protection hinges on the whistleblower’s reasonable belief about the co-worker’s authority.
• Examples include reporting to a compliance officer, HR representative, or internal investigator if you reasonably think they can act.

Yes—protections extend to post-employment actions; an employer may not discriminate against a whistleblower in post-employment because of protected whistleblowing. See 1992.102(a).

• This means actions like refusing future references, blacklisting, or taking adverse actions that affect employment opportunities after separation may be covered.

Yes—threatening a whistleblower is expressly prohibited as a form of retaliation. See 1992.102(a).

• "Threaten" is listed among prohibited actions along with discharge, demotion, suspension, blacklisting, and harassment.

Yes—the rule does not apply to any employer that is subject to section 33 of the Federal Deposit Insurance Act (12 U.S.C. 1831j) or sections 213 or 214 of the Federal Credit Union Act (12 U.S.C. 1790b, 1790c). See 1992.102(c).

• If an employer falls under those statutory provisions, this particular whistleblower protection under part 1992 does not apply.

Yes—providing information related to a conspiracy to violate the statutes named in 1992.102(b)(1) is covered by the protection. See 1992.102(b)(1).

• The text expressly includes "or a conspiracy to violate the aforementioned provisions," so both violations and conspiracies are protected disclosures.

Protected disclosures include information relating to violations of 31 U.S.C. chapter 53, subchapter II (monetary transaction records and reports), chapter 35 or sections 4305 or 4312 of title 50, or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.). See 1992.102(b)(1).

• The rule specifically names these provisions as examples of the types of statutes for which reporting is protected.

Yes—providing information to the employer "including as part of the job duties of the whistleblower" is covered by the protection. See 1992.102(b)(1)(i).

• That means employees who are required by their job to report potential violations (for example, compliance officers or auditors) are still protected from retaliation for making such reports.

Yes—protection under this subsection applies when the whistleblower reasonably believes the conduct constitutes a violation of a law, rule, or regulation within the Department of the Treasury’s jurisdiction or certain sections of title 18. See 1992.102(b)(3).

• The rule focuses on the whistleblower’s reasonable belief rather than proving the violation at the time of reporting.
• Reasonableness is assessed objectively—whether a reasonable person in the same situation would have believed a violation occurred.

Yes—providing information to any Member of Congress or any committee of Congress is a protected disclosure. See 1992.102(b)(1)(iv).

• Reports to individual members, congressional committees, or their staff fall within this protection.

The protection covers initiating, testifying in, or assisting investigations or judicial or administrative actions of the Department of the Treasury or the Department of Justice. See 1992.102(b)(2).

• If a whistleblower’s actions are part of a Treasury or DOJ matter related to the protected information, retaliation for that participation is prohibited.

Yes—"blacklist" is explicitly listed among prohibited retaliatory actions in 1992.102(a).

• The inclusion of "blacklist" means practices that prevent someone from getting other jobs or opportunities because they blew the whistle can be unlawful retaliation under this rule.

Yes—reports to a person with supervisory authority over the whistleblower at the employer are protected when the whistleblower reasonably believes the conduct violates a law, rule, or regulation within Treasury jurisdiction or specified sections of title 18. See 1992.102(b)(3)(i) and 1992.102(b)(3).

• Reporting to your direct manager or other supervisory personnel is protected when the belief about the violation is reasonable.

Yes—providing information that the whistleblower reasonably believes constitutes a violation of sections 1956, 1957, or 1960 of title 18 (or a rule or regulation under those provisions) is covered under 1992.102(b)(3).

• Those specific sections concern money laundering and related offenses, and the rule explicitly includes them among protected topics.

Yes—providing information to a Federal regulatory or law enforcement agency is a protected disclosure under 1992.102(b)(1)(iii).

• This covers reporting to agencies that have regulatory or enforcement authority over the alleged misconduct.

Yes—the rule prohibits both direct and indirect discharge, demotion, suspension, threat, blacklist, harassment, or other discrimination against a whistleblower for engaging in protected activities. See 1992.102(a).

• "Indirect" retaliation can include subtle or layered actions that, while not overtly stated, still result in adverse employment consequences linked to the whistleblowing.

Both are covered—the rule protects a whistleblower against discrimination in the terms and conditions of employment and post-employment, which can include hiring references or actions affecting future employment opportunities. See 1992.102(a).

• Examples of post-employment discrimination include negative references or blacklisting that hinder future hiring.

The protection applies to actions taken directly or indirectly by the employer, and the definition of employer in 1992.102(b)(1)(i) includes supervisors and others working for the employer who have authority to investigate, discover, or terminate misconduct. See 1992.102(a).

• This means retaliation by supervisors, managers, HR staff, or other authorized employees can be treated as employer retaliation.

Yes—the rule lists examples such as discharge, demotion, suspension, threats, blacklisting, and harassment as prohibited discriminatory acts affecting terms and conditions of employment. See 1992.102(a).

• The list is illustrative; other adverse changes to pay, duties, schedule, or working conditions can also be covered as "terms and conditions of employment."

No—the rule protects only "lawful acts" done by the whistleblower to engage in the covered activities; unlawful acts by the whistleblower would not be within that protection. See 1992.102(a).

• The phrase "lawful act" limits protection to actions that are lawful when made in connection with the protected reporting or participation described in the rule.