Whistleblower Protection & Reporting Flashcards
7 cards from real CEA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Whistleblower Protection & Reporting flashcards as text
Which of the following disclosures is NOT typically protected under federal whistleblower statutes?
Answer: Disclosing confidential information to a competitor to expose wrongdoing
Disclosing confidential or proprietary information to a competitor is not a protected disclosure and may itself constitute a legal violation.
A manager who previously reported misconduct is later excluded from key meetings and given minimal assignments. This is an example of what?
Answer: Ostracism as a form of workplace retaliation
Excluding a whistleblower from meetings and reducing responsibilities is a recognized form of retaliatory ostracism and workplace marginalization.
Under the National Labor Relations Act (NLRA), what type of employee activity related to reporting workplace concerns is protected?
Answer: Concerted activity where employees act together to address shared workplace concerns
The NLRA protects concerted activity—collective action by employees to improve their working conditions—including joint complaints about workplace issues.
What remedies are typically available to a successful whistleblower retaliation claimant under SOX?
Answer: Reinstatement, back pay, and attorney's fees
SOX retaliation remedies include reinstatement to the same seniority, back pay with interest, and compensation for litigation costs including attorney's fees.
Which best describes the 'burden-shifting' framework in a whistleblower retaliation case?
Answer: The complainant first shows protected activity and adverse action; the employer then must prove a legitimate non-retaliatory reason
In burden-shifting, the complainant establishes a prima facie case of retaliation, then the burden shifts to the employer to articulate a legitimate reason for the adverse action.
What is a 'whistleblower policy' designed to accomplish within an organization?
Answer: Establish procedures for reporting concerns and protections against retaliation
A whistleblower policy outlines reporting channels, investigation procedures, and explicit anti-retaliation commitments to encourage ethical reporting.
An employee reports suspected FCPA violations involving overseas bribery. Which agency would primarily handle an external report of this nature?
Answer: The SEC or DOJ, which jointly enforce the FCPA
The SEC and DOJ share enforcement authority over the Foreign Corrupt Practices Act, and both accept tips related to overseas bribery by U.S. companies.