PLANNING A NEW TV SHOW ON
WHISTLEBLOWERS AND RETALIATION
HERE'S SOME RESEARCH:
Whistleblower Protection Policies
When Congress enacted the Sarbanes-Oxley Act, following the scandalous behavior of corporate America, it included two provisions that also apply to nonprofits. Federal law prohibits all corporations, including nonprofits, from retaliating against employees who “blow the whistle” on their employer’s accounting practices. Additionally, over 45 different states have enacted laws to protect whistleblowers from retaliation at the workplace. Consequently, having a good internal process for addressing complaints including a whistleblower
protection/anti-retaliation policy can help your organization protect itself from the risk of violating state and federal laws that afford
protections to whistleblowers, and can help ensure that if there is a problem it will be investigated and fixed.
http://www.councilofnonprofits.org/resources/resources-topic/boards-governance/whistleblower-protection-policies
Whistleblower Protection Policies
When Congress enacted the Sarbanes-Oxley Act, following
the scandalous behavior of corporate America, it included two provisions
that also apply to nonprofits. Federal law prohibits all corporations,
including nonprofits, from retaliating against employees who “blow the
whistle” on their employer’s accounting practices. Additionally, over 45
different states have enacted laws to protect whistleblowers from
retaliation at the workplace. Consequently, having a good internal
process for addressing complaints including a whistleblower
protection/anti-retaliation policy can help your organization protect
itself from the risk of violating state and federal laws that afford
protections to whistleblowers, and can help ensure that if there is a problem it will be investigated and fixed.
Even organizations that do not have paid staff should also put a whistleblower protection policy in place to encourage people to bring their concerns forward without fear of retaliation. Organizations that encourage complaints by having an “open door” policy and have a standard of “no retaliation” for raising concerns are considered more transparent. These organizations will be in a better position to address all concerns, whether they are about fraudulent accounting practices, unsafe conditions, or alleged discrimination.
Even organizations that do not have paid staff should also put a whistleblower protection policy in place to encourage people to bring their concerns forward without fear of retaliation. Organizations that encourage complaints by having an “open door” policy and have a standard of “no retaliation” for raising concerns are considered more transparent. These organizations will be in a better position to address all concerns, whether they are about fraudulent accounting practices, unsafe conditions, or alleged discrimination.
Whistleblower Protection Policies
When Congress enacted the Sarbanes-Oxley Act, following
the scandalous behavior of corporate America, it included two provisions
that also apply to nonprofits. Federal law prohibits all corporations,
including nonprofits, from retaliating against employees who “blow the
whistle” on their employer’s accounting practices. Additionally, over 45
different states have enacted laws to protect whistleblowers from
retaliation at the workplace. Consequently, having a good internal
process for addressing complaints including a whistleblower
protection/anti-retaliation policy can help your organization protect
itself from the risk of violating state and federal laws that afford
protections to whistleblowers, and can help ensure that if there is a problem it will be investigated and fixed.
Even organizations that do not have paid staff should also put a whistleblower protection policy in place to encourage people to bring their concerns forward without fear of retaliation. Organizations that encourage complaints by having an “open door” policy and have a standard of “no retaliation” for raising concerns are considered more transparent. These organizations will be in a better position to address all concerns, whether they are about fraudulent accounting practices, unsafe conditions, or alleged discrimination.
Even organizations that do not have paid staff should also put a whistleblower protection policy in place to encourage people to bring their concerns forward without fear of retaliation. Organizations that encourage complaints by having an “open door” policy and have a standard of “no retaliation” for raising concerns are considered more transparent. These organizations will be in a better position to address all concerns, whether they are about fraudulent accounting practices, unsafe conditions, or alleged discrimination.
General Laws: CHAPTER 270, Section 22
https://malegislature.gov/laws/.../section22A person who is a contract employee, temporary employee, or independent .... of this section shall not discriminate or retaliate in any manner against a person ...
Massachusetts General Court
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section22
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Protection from Discrimination and Retaliation Provided by Civil Rights Act Extends Beyond Employees to Independent Contractors
Thomas Paschos & Associates, P.C.
Haddonfield, New Jersey
In Brown v. J. Kaz Inc., d/b/a Craftmatic of Pittsburgh, — F.3d —, 2009 WL 2903348 (C.A. 3 (Pa.) 2009), Plaintiff Kimberly Brown brought an action against Defendant Craftmatic, charging violations of Section 1981, Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act, alleging discrimination based upon her race, including claims of disparate treatment, hostile work environment and relation.
The United States District Court for the Western District of Pennsylvania dismissed all claims, finding that Plaintiff was an independent contractor at the time of the alleged discrimination and retaliation, and was therefore not protected by those Acts. The Third Circuit, in this case of first impression, ruled that Plaintiff could bring a claim for discrimination under Section 1981 of the Civil Rights Act, finding that the protections there under extend beyond employees to independent contractors.
http://www.primerus.com/business-law-news/protection-from-discrimination-and-retaliation-provided-by-civil-rights-act-extends-beyond-employees-to-independent-contractors.htm
An Employee Invokes The Rights Provided Under The FMLA, Not At The Time That The Leave Begins, But At The Time Leave Is Requested, Thus Entitling An Employee To Bring A Claim For Retaliation And/Or Interference If Terminated Prior to Commencement Of The Actual FMLA Leave.
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Washington Court of Appeals Holds Independent ...
www.stoelrivesworldofemployment.com › States › WashingtonAug 12, 2014 - Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against Discrimination.
Employee's Private Right to Sue - Mass.Gov
www.mass.gov/...construction/.../private-right-to-sue.htmlAnti-Retaliation Law ( M.G.L. c. ... 148A); Independent Contractor Law ( M.G.L. c. ... [For violations of M.G.L. chapter 149, sections 27, 27F, 27G, 27H, 33E, 52D, ...
MassachusettsMassachusetts Commission Against ... - Mass.Gov
www.mass.gov/mcad/forEmployers.htmlThe term "employee" does not include independent contractors. ... Fair Employment Practices Law: The term "Fair Employment Practices Law" refers to M.G.L. c. ... age, criminal record, handicap (disability), mental illness, retaliation, sexual ...
Massachusetts
Unfair Employment Practices | Litigation Trial Lawyer
www.litigationtriallawyer.com/unfair-employment-practices.htmlSuch acts violate, for example M.G.L c. ... An employer may not retaliate against a worker based upon the defendants concern that they were ... Being misclassified by your employer as an independent contractor as opposed to an employee; ...
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