§ 1514A. Civil action to protect against retaliation in fraud cases
(a)
Whistleblower Protection for Employees of Publicly Traded Companies.—
No company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o
(d)), or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee—
(1)
to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section
1341,
1343,
1344, or
1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders, when the information or assistance is provided to or the investigation is conducted by—
(2)
to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation of section
1341,
1343,
1344, or
1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders.
(b)
Enforcement Action.—
(1)
In general.—
A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by—
(B)
if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
(2)
Procedure.—
(A)
In general.—
An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section
42121
(b) of title
49, United States Code.
(B)
Exception.—
Notification made under section
42121
(b)(1) of title
49, United States Code, shall be made to the person named in the complaint and to the employer.
(c)
Remedies.—
(1)
In general.—
An employee prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the employee whole.
(d)
Rights Retained by Employee.—
Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement.