Are Employees Protected from Retaliation for Reporting Antitrust Crimes?

Federal law prohibits an employer from discharging, demoting, suspending, threatening, harassing or otherwise discriminating against a covered individual who reports a criminal antitrust violation to the federal government or to a supervisor, or who assists a federal investigation or proceeding about it (15 U.S.C. 7a-3(a)). The protection comes from the Criminal Antitrust Anti-Retaliation Act, added in 2020.

Who is covered. A covered individual is an employee, contractor, subcontractor or agent of an employer (15 U.S.C. 7a-3(a)(3)(B)).

What is protected. The protected activity is providing information about a violation, or conduct the individual reasonably believes is a violation, of Section 1 or Section 3 of the Sherman Act, or a violation of another criminal law committed together with a Sherman Act violation, or assisting in an investigation or proceeding. The DOJ and FTC guidelines on business activities affecting workers note that this covers workers who report criminal wage-fixing or no-poach conduct.

Limits. The protection does not apply to a covered individual who planned and initiated a violation or attempted violation of the antitrust laws, a violation or attempted violation of another criminal law in conjunction with an antitrust violation, or an obstruction or attempted obstruction of a Justice Department investigation (15 U.S.C. 7a-3(a)(2)(A) to (C)). Only criminal violations count, not purely civil ones (15 U.S.C. 7a-3(a)(4)).

How to seek relief. A complaint must be filed with the Secretary of Labor within 180 days after the violation (15 U.S.C. 7a-3(b)(2)(D)). If the Secretary has not issued a final decision within 180 days of filing, and the delay is not due to the claimant's bad faith, the individual may bring an action for de novo review in federal district court.

Remedies. A prevailing individual is entitled to relief that makes the individual whole, including reinstatement with the same seniority, back pay with interest, and special damages such as litigation costs, expert witness fees and reasonable attorney's fees (15 U.S.C. 7a-3(c)). Other rights under federal or state law or a collective bargaining agreement are not reduced.

Related topics. The FAQ on what compliance training is describes employer compliance training, and the FAQ on Sherman Act criminal penalties lists the penalties for the underlying violations.