What law protects CPSC Whistleblowers?
On August 14, 2008, Congress enacted the Consumer Product Safety Commission Reform Act (CPSC Reform Act) to prohibit manufacturers, private labelers, distributors, and retailers from retaliating against an employee because the employee provided information to an employer, a regulatory agency, or a State Attorney General about a reasonably perceived violation of the CPSC Reform Act or any other act enforced by the CPSC. Elements of a CPSC Whistleblower Retaliation Claim Similar to the retaliation provision of the Sarbanes-Oxley Act (“SOX”), a CPSC whistleblower retaliation plaintiff must prove that she (1) engaged in protected conduct; (2) the employer knew that she engaged in protected conduct; (3) the employer took adverse action against her; and (4) the protected conduct contributed to the employer’s decision to take an adverse action. Protected Conduct The whistleblower provision of the CPSC Reform Act prohibits an employer from discharging or otherwise discriminating against an emp
