Poster for The Stimulus Bill Whistleblower Provision

In an earlier post, I mentioned that after it came out of the conference committee, section 1553(e) of the Stimulus Bill (the "American Recovery and Reinvestment Act of 2009") included a provision that requires employers who receive stimulus funds ("covered funds") to "post notice of the rights and remedies provided under this section.

Congress often requires employers to post notices of rights under various employment statutes but those statutes are almost always enforced by the United States Department of Labor. The DOL, however, has no authority under the Stimulus Bill whistleblower statute, (even to draft a poster) so I thought I would try to fill the void. I take the posting requirement at its word, that is, the poster must state the rights and remedies under section 1553.

NOTICE OF RIGHTS PURSUANT TO SECTION 1553 OF THE

American Recovery and Reinvestment Act of 2009

Section 1553 of the American Recovery and Reinvestment Act of 2009 ("Recovery Act") prohibits employers from retaliating against any employee because the employee provided information to Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct), a court or grand jury, the head of a Federal agency, or their representatives, information that the employee reasonably believes is evidence of—

(1) gross mismanagement of an agency contract or grant relating to covered funds;

(2) a gross waste of covered funds;

(3) a substantial and specific danger to public health or safety related to the implementation or use of covered funds;

(4) an abuse of authority related to the implementation or use of covered funds; or

(5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.

The term "covered funds" means any contract, grant, or other payment received by any non-Federal employer if the Federal Government provides any portion of the money or property that is provided, requested, or demanded at least some of the funds are appropriated or otherwise made available by the Recovery Act.

If you believe you have been retaliated against because you provided information regarding covered funds, you should promptly seek relief by submitting a complaint to the inspector general of the agency for whom the work was performed or the agency that funded the work.

The Inspector General investigates your complaint and submits a report to the Agency. If the Agency finds in your favor it may:

(A) Order the employer to take affirmative action to abate the reprisal.

(B) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.

(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency or a court of competent jurisdiction.

If the Agency denies your complaint or if it has not rendered a final decision within 210 days or if it declines to render a decision, you have bring a civil action against the employer to seek compensatory damages and other relief available in the appropriate district court of the United States.

Your rights under Section 1553 of the Recovery Act are in addition to any other rights you may have under any other federal, state or local law.