What role does the FAA play in protecting airline whistleblowers from retaliation?
When an AIR-21 complaint is filed with DOL, OSHA will provide the FAA with a copy of the complaint and the FAA will conduct an investigation of the safety issues set forth in the complaint. An air carrier who violates AIR-21 regulations may be subject to an FAA civil penalty. What can a prevailing plaintiff recover? Under AIR -21, a prevailing employee will be made whole, i.e., will be returned to the same position he or she would have been absent the retaliation. In particular, AIR-21 authorizes reinstatement, back pay for lost wages, compensatory damages, and litigation costs, including attorney fees.
