- Part Number:1987
- Part Number Title:Procedures for Handling Retaliation Complaints Under Section 402 of the FDA Food Safety Modernization Act
- Subpart:1987 Subpart A
- Subpart Title:Complaints, Investigations, Findings and Preliminary Orders
- Standard Number:
- Title:Obligations and prohibited acts.
- GPO Source:
No covered entity may discharge or otherwise retaliate against, including, but not limited to, intimidating, threatening, restraining, coercing, blacklisting or disciplining, any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee, whether at the employee's initiative or in the ordinary course of the employee's duties (or any person acting pursuant to a request of the employee), has engaged in any of the activities specified in paragraphs (b)(1) through (4) of this section.
An employee is protected against retaliation because the employee (or any person acting pursuant to a request of the employee) has:
Provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of the FD&C or any order, rule, regulation, standard, or ban under the FD&C;
Testified or is about to testify in a proceeding concerning such violation;
Assisted or participated or is about to assist or participate in such a proceeding; or
Objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of the FD&C, or any order, rule, regulation, standard, or ban under the FD&C.
[79 FR 8627-8628, Feb. 13, 2014; 81 FR 22540, April 18, 2016]