U.S. Code » Title 12 » Chapter CHAPTER 14— FEDERAL CREDIT UNIONS › Subchapter SUBCHAPTER II— SHARE INSURANCE

12 U.S.C. § 1790b

Credit union employee protection remedy

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(a) In general(1) Employees of credit unions

No insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Board or the Attorney General regarding any possible violation of any law or regulation by the credit union or any director, officer, or employee of the credit union.

(2) Employees of the AdministrationThe Administration may not discharge or otherwise discriminate against any employee (including any employee of the National Credit Union Central Liquidity Facility) with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Administration or the Attorney General regarding any possible violation of any law or regulation by—(A) any credit union or the Administration;(B) any director, officer, committee member, or employee of any credit union; or(C) any officer or employee of the Administration.(b) Enforcement

Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) may file a civil action in the appropriate United States district court before the close of the 2-year period beginning on the date of such discharge or discrimination. The complainant shall also file a copy of the complaint initiating such action with the Board.

(c) RemediesIf the district court determines that a violation of subsection (a) has occurred, it may order the credit union or the Administration which committed the violation—(1) to reinstate the employee to his former position,(2) to pay compensatory damages, or(3) take other appropriate actions to remedy any past discrimination.(d) LimitationsThe protections of this section shall not apply to any employee who—(1) deliberately causes or participates in the alleged violation of law or regulation, or(2) knowingly or recklessly provides substantially false information to such an agency or the Attorney General.(June 26, 1934, ch. 750, title II, § 213, as added Pub. L. 101–73, title IX, § 932(b), Aug. 9, 1989, 103 Stat. 494; amended Pub. L. 102–242, title II, § 251(b)(1), (2), Dec. 19, 1991, 105 Stat. 2332, 2333; Pub. L. 102–550, title XVI, § 1604(d), Oct. 28, 1992, 106 Stat. 4084.)Editorial NotesAmendments

1992—Subsec. (a)(2). Pub. L. 102–550 substituted, in subpar. (A), “union or the” for “union the” and in subpar. (B), “committee member, or employee of any credit union” for “or employee of any depository institution or any such bank”.

1991—Subsec. (a). Pub. L. 102–242, § 251(b)(1), substituted “In general” for “Prohibition against discrimination against whistleblowers” in heading and amended text generally. Prior to amendment, text read as follows: “No federally insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Board or to the Attorney General regarding a possible violation of any law or regulation by the credit union or any of its officers, directors, or employees.”

Subsec. (c). Pub. L. 102–242, § 251(b)(2), inserted “or the Administration” after “the credit union”.

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–242, title II, § 251(b)(3), Dec. 19, 1991, 105 Stat. 2333, provided that: “Paragraph (2) of section 213(a) of the Federal Credit Union Act [12 U.S.C. 1790b(a)(2)] (as added under the amendment made by paragraph (1)) shall be treated as having taken effect on January 1, 1987, and for purposes of any cause of action arising under such paragraph (as so effective) before the date of the enactment of this Act [Dec. 19, 1991], the 2-year period referred to in section 213(b) of such Act shall be deemed to begin on such date of enactment.”

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1990–2024 · leading case: Schroeder v. Greater New Orleans Fed. Credit Union, 664 F.3d 1016 (5th Cir. 2011).
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Schroeder v. Greater New Orleans Fed. Credit Union, 664 F.3d 1016 (5th Cir. 2011). · cites it 6× “The district court found that GNOFCU did not violate either the Federal Credit Union Act, 12 U.S.C. § 1790b, or La.Rev. Stat. Ann. § 23:967(A) by terminating Schroeder’s employment after she complained of possible fraud in the company’s lending practices.”
Victor E. Simas v. First Citizens' Fed. Credit Union & Barbara M.W. Silva, 170 F.3d 37 (1st Cir. 1999). · cites it 5× “Silva, with violating the “whis-tleblower” provisions of the Federal Credit Union Act, 12 U.S.C. § 1790b(a) (FCUA or “the Act”), by retaliating against him for having informed the National Credit Union Administration (“NCUA”) that Citizens, notwithstanding its longstanding…”
Garrett v. Langley Fed. Credit Union, 121 F. Supp. 2d 887 (E.D. Va. 2000). · cites it 14× “Plaintiffs, Garrett and Salyer, allege violations of the whistleblower provision of the Federal Credit Union Act (“FCUA”), 12 U.S.C. § 1790b, and pendent state law claims for tortious interference with contractual relations, or in the alternative, fraud and misrepresentation.”
Winters v. Houston Chronicle Publ'g Co., 795 S.W.2d 723 (Tex. 1990). · cites it 2× “§ 2409 (a) (1988) (Defense Contractors); Financial Institution Reform, Recovery, and Enforcement Act, 12 U.S. C.A. § 1790b(a) (West 1989); Toxic Substances Control Act, 15 U.”
McNett v. Hardin Cmty. Fed. Credit Union, 118 F. App'x 960 (6th Cir. 2004). · cites it 3× “McNett alleges that he was discharged in violation of the whistleblower provision of the Federal Credit Union Act, 12 U.S.C. § 1790b(a)(1). The district court found that McNett had not created a genuine issue of material fact regarding whether he was terminated for engaging in…”
Simas v. First Citizens' Fed. Credit Union, 996 F. Supp. 76 (D. Mass. 1998). · cites it 4× “In the single federal claim, Count IV, Simas asserts that the defendants are , hable for constructive discharge and discrimination against a credit union employee in violation of 12 U.S.C. § 1790b. Finally in the last count of the complaint, Count V, the plaintiff contends that…”
Simas v. First Citizens' Fed. Credit Union, 63 F. Supp. 2d 110 (D. Mass. 1999). · cites it 4× “Introduction In an earlier decision in this case I granted the defendants’ Motion for Summary Judgment on the plaintiffs sole federal claim of constructive discharge and discrimination in violation of Title 12 U.S.C. § 1790b, a federal whistleblower statute relating to federal…”
Ridenour v. Andrews Fed. Credit Union, 897 F.2d 715 (4th Cir. 1990). “Most noteworthy for present purposes was Section 932 of FIRRE, which amended the NCUA to create a new cause of action for whistleblow-ers, now codified at 12 U.S.C. § 1790b. In enacting that amendment, Congress recognized a need to protect all credit union employees who report…”
Mann v. Olsten Certified Healthcare Corp., 49 F. Supp. 2d 1307 (M.D. Ala. 1999). “1999) (case under whistle- *1317 blower provisions of the Federal Credit Union Act, 12 U.S.C.A. § 1790b(a)) and cases cited therein.”
Taft v. Agric. Bank of China Ltd., 156 F. Supp. 3d 407 (S.D.N.Y. 2016). “See 12 U.S.C. § 1790b. Balko rejected Wolf by noting that Wolf , and the cases on which it relied, predated the 2012 amendment to the Whistleblower Protection Act (“WPA”).”
Vargas v. Puerto Rican-Am. Ins., 52 F. Supp. 2d 305 (D.P.R. 1999). “The plaintiff in Simas brought his claim of retaliation under the Federal Credit Union Act, 12 U.S.C. § 1790b. The meaning of the phrase "adverse employment action” should remain constant regardless of the statute under which the retaliation claim is being brought.”
DiGaetano v. Lawrence Firefighters Fed. Credit Union, 15 Mass. L. Rptr. 394 (Mass. Super. Ct. 2002). · cites it 3× “mployee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the [National Credit Union] Board or the Attorney General regarding any possible…”
Show all 21 citing cases →
— 12 U.S.C. § 1790b(a) — 4 cases
Winters v. Houston Chronicle Publ'g Co., 795 S.W.2d 723 (Tex. 1990). “§ 2409 (a) (1988) (Defense Contractors); Financial Institution Reform, Recovery, and Enforcement Act, 12 U.S. C.A. § 1790b(a) (West 1989); Toxic Substances Control Act, 15 U.”
Victor E. Simas v. First Citizens' Fed. Credit Union & Barbara M.W. Silva, 170 F.3d 37 (1st Cir. 1999). “Silva, with violating the “whis-tleblower” provisions of the Federal Credit Union Act, 12 U.S.C. § 1790b(a) (FCUA or “the Act”), by retaliating against him for having informed the National Credit Union Administration (“NCUA”) that Citizens, notwithstanding its longstanding…”
Mann v. Olsten Certified Healthcare Corp., 49 F. Supp. 2d 1307 (M.D. Ala. 1999). “1999) (case under whistle- *1317 blower provisions of the Federal Credit Union Act, 12 U.S.C.A. § 1790b(a)) and cases cited therein.”
Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251 (9th Cir. 1997).
— 12 U.S.C. § 1790b(a)(1) — 5 cases
McNett v. Hardin Cmty. Fed. Credit Union, 118 F. App'x 960 (6th Cir. 2004). “McNett alleges that he was discharged in violation of the whistleblower provision of the Federal Credit Union Act, 12 U.S.C. § 1790b(a)(1). The district court found that McNett had not created a genuine issue of material fact regarding whether he was terminated for engaging in…”
Garrett v. Langley Fed. Credit Union, 121 F. Supp. 2d 887 (E.D. Va. 2000). “Plaintiffs, Garrett and Salyer, allege violations of the whistleblower provision of the Federal Credit Union Act (“FCUA”), 12 U.S.C. § 1790b, and pendent state law claims for tortious interference with contractual relations, or in the alternative, fraud and misrepresentation.”
DiGaetano v. Lawrence Firefighters Fed. Credit Union, 15 Mass. L. Rptr. 394 (Mass. Super. Ct. 2002). “mployee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the [National Credit Union] Board or the Attorney General regarding any possible…”
Charlotte MacBagito v. Pentagon Fed. Credit Union (4th Cir. 2024).
Foley v. Coastal Cmty. Fed. Credit Union (S.D. Tex. 2020).
— 12 U.S.C. § 1790b(a)(l) — 8 cases
Victor E. Simas v. First Citizens' Fed. Credit Union & Barbara M.W. Silva, 170 F.3d 37 (1st Cir. 1999). “Silva, with violating the “whis-tleblower” provisions of the Federal Credit Union Act, 12 U.S.C. § 1790b(a) (FCUA or “the Act”), by retaliating against him for having informed the National Credit Union Administration (“NCUA”) that Citizens, notwithstanding its longstanding…”
Schroeder v. Greater New Orleans Fed. Credit Union, 664 F.3d 1016 (5th Cir. 2011). “The district court found that GNOFCU did not violate either the Federal Credit Union Act, 12 U.S.C. § 1790b, or La.Rev. Stat. Ann. § 23:967(A) by terminating Schroeder’s employment after she complained of possible fraud in the company’s lending practices.”
Garrett v. Langley Fed. Credit Union, 121 F. Supp. 2d 887 (E.D. Va. 2000). “Plaintiffs, Garrett and Salyer, allege violations of the whistleblower provision of the Federal Credit Union Act (“FCUA”), 12 U.S.C. § 1790b, and pendent state law claims for tortious interference with contractual relations, or in the alternative, fraud and misrepresentation.”
McNett v. Hardin Cmty. Fed. Credit Union, 118 F. App'x 960 (6th Cir. 2004). “McNett alleges that he was discharged in violation of the whistleblower provision of the Federal Credit Union Act, 12 U.S.C. § 1790b(a)(1). The district court found that McNett had not created a genuine issue of material fact regarding whether he was terminated for engaging in…”
Simas v. First Citizens' Fed. Credit Union, 996 F. Supp. 76 (D. Mass. 1998). “In the single federal claim, Count IV, Simas asserts that the defendants are , hable for constructive discharge and discrimination against a credit union employee in violation of 12 U.S.C. § 1790b. Finally in the last count of the complaint, Count V, the plaintiff contends that…”
— 12 U.S.C. § 1790b(b) — 1 case
Auth. to Investigate Fed. Aviation Admin. Emp. Complaints Alleging Reprisal for Whistleblowing (OLC 1997).
— 12 U.S.C. § 1790b(c) — 3 cases
Garrett v. Langley Fed. Credit Union, 121 F. Supp. 2d 887 (E.D. Va. 2000). “Plaintiffs, Garrett and Salyer, allege violations of the whistleblower provision of the Federal Credit Union Act (“FCUA”), 12 U.S.C. § 1790b, and pendent state law claims for tortious interference with contractual relations, or in the alternative, fraud and misrepresentation.”
Foley v. Coastal Cmty. Fed. Credit Union (S.D. Tex. 2020).
Farmer v. Hickam Fed. Credit Union, 224 P.3d 455 (Haw. App. 2010).
— 12 U.S.C. § 1790b(c)(2) — 1 case
Victor E. Simas v. First Citizens' Fed. Credit Union & Barbara M.W. Silva, 170 F.3d 37 (1st Cir. 1999). “Silva, with violating the “whis-tleblower” provisions of the Federal Credit Union Act, 12 U.S.C. § 1790b(a) (FCUA or “the Act”), by retaliating against him for having informed the National Credit Union Administration (“NCUA”) that Citizens, notwithstanding its longstanding…”
— 12 U.S.C. § 1790b(d) — 2 cases
McNett v. Hardin Cmty. Fed. Credit Union, 118 F. App'x 960 (6th Cir. 2004). “McNett alleges that he was discharged in violation of the whistleblower provision of the Federal Credit Union Act, 12 U.S.C. § 1790b(a)(1). The district court found that McNett had not created a genuine issue of material fact regarding whether he was terminated for engaging in…”
Garrett v. Langley Fed. Credit Union, 121 F. Supp. 2d 887 (E.D. Va. 2000). “Plaintiffs, Garrett and Salyer, allege violations of the whistleblower provision of the Federal Credit Union Act (“FCUA”), 12 U.S.C. § 1790b, and pendent state law claims for tortious interference with contractual relations, or in the alternative, fraud and misrepresentation.”
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