Whistleblower and retaliation litigation are among the hottest and
fastest-growing areas of employment law. The public policies behind
these statutes are self-evident. Lawmakers recognize that
individuals would be reluctant to oppose misconduct by higher-ups if they
feared that they could be punished for asserting their rights, and a
chilling effect might arise without a remedy against retribution.
Depending on the particular statute, whistleblower and anti-retaliation
laws cover job applicants as well as employees, including full-time,
part-time, seasonal, temporary, consultants, contractors, and
subcontractors. Since a challenged action might occur at various points in
the employment life cycle, from hiring through firing, the entire human
resources function should be considered when evaluating strategies
designed to lessen the possibility for liability.
