This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington Northern.
Part II of this comment will discuss the importance of whistle-blowers, and Part III will review current whistleblower statutes. Part IV will provide a brief background of pre-Burlington Northern Title VII retaliation claims. Part V will discuss Burlington Northern's holding as the new standard in Title VII cases. Part VI will argue for reforming whistleblower laws to conform to TitleVII and to incorporate Burlington Northern's holding and rationale.
Whistling While You Work: Expanding Whistleblower Laws to Include Non-Workplace-Related Retaliation After Burlington Northern v. White,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol42/iss5/8