12 U.S. Code § 1790b - Credit union employee protection remedy

No insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the (2) Employees of the Administration The Administration may not discharge or otherwise discriminate against any employee (including any employee of the National Credit Union Central Liquidity Facility) with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Administration or the Attorney General regarding any possible violation of any law or regulation by—

any credit union or the Administration; any director, officer, committee member, or employee of any credit union; or any officer or employee of the Administration. (b) Enforcement

Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) may file a civil action in the appropriate United States district court before the close of the 2-year period beginning on the date of such discharge or discrimination. The complainant shall also file a copy of the complaint initiating such action with the Board.

(c) Remedies If the district court determines that a violation of subsection (a) has occurred, it may order the credit union or the Administration which committed the violation—

to reinstate the employee to his former position, to pay compensatory damages, or take other appropriate actions to remedy any past discrimination. (d) Limitations The protections of this section shall not apply to any employee who— deliberately causes or participates in the alleged violation of law or regulation, or

knowingly or recklessly provides substantially false information to such an agency or the Attorney General.

Editorial Notes Amendments

1992—Subsec. (a)(2). Pub. L. 102–550 substituted, in subpar. (A), “union or the” for “union the” and in subpar. (B), “committee member, or employee of any credit union” for “or employee of any depository institution or any such bank”.

1991—Subsec. (a). Pub. L. 102–242, § 251(b)(1), substituted “In general” for “Prohibition against discrimination against whistleblowers” in heading and amended text generally. Prior to amendment, text read as follows: “No federallyPub. L. 102–242, § 251(b)(2), inserted “or the Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment Effective Date of 1991 Amendment

“Paragraph (2) of section 213(a) of the Federal Credit Union Act [12 U.S.C. 1790b(a)(2)] (as added under the amendment made by paragraph (1)) shall be treated as having taken effect on January 1, 1987 , and for purposes of any cause of action arising under such paragraph (as so effective) before the date of the enactment of this Act [ Dec. 19, 1991 ], the 2-year period referred to in section 213(b) of such Act shall be deemed to begin on such date of enactment.”