Public sector whistleblower protection

Learn about whistleblower protections for Massachusetts public sector employees, including your rights, how to file a retaliation complaint, and what to expect during the investigation process.

Under 454 CMR 25.07, public employers may not retaliate against employees for engaging in protected workplace safety and health activities. 

When you're protected from retaliation

If you work for a Massachusetts state agency, municipality, public school, public college or university, or another public employer, you have the right to:

1. Report workplace safety and health hazards.
2. Raise safety and health concerns with your employer.
3. Report work-related injuries and illnesses.
4. Participate in workplace safety and health inspections or investigations.
5. Receive information and training about workplace hazards.
6. Exercise your workplace safety and health rights without fear of retaliation.

If you work for a private employer, workplace safety retaliation complaints are handled by the Occupational Safety and Health Administration (OSHA). Visit the OSHA website to learn about your rights and file a whistleblower complaint.

Filing a whistleblower complaint

If you believe your employer retaliated against you because you exercised your workplace safety and health rights, you may file a whistleblower complaint with the Department of Labor Standards through the Workplace Safety and Health Program.

Your complaint should include:

• Your name, phone number, and email address.
• Your employer's name and address, including a contact person if available.
• A description of the protected workplace safety or health activity you engaged in.
• How your employer became aware of your protected activity.
• A description of the retaliatory action taken against you.
• The relief you are requesting, such as:
  • Reinstatement
  • Back pay
  • Front pay
  • Removal of disciplinary records
  • Other appropriate remedies

Complaints must be filed within 30 days of the alleged retaliatory action.

File a whistleblower complaint 

What happens after you file?

1. Confirmation

   You will receive confirmation that DLS has received your complaint.

2. Case assignment

   Your complaint will be assigned to a neutral WSHP investigator.

3. Initial review

   The investigator will determine whether your allegations meet the requirements for an investigation.

4. Your case is investigated

   Your employer will receive a copy of your complaint and any supporting materials, have an opportunity to respond, and you will have an opportunity to submit a rebuttal.

5. Findings

   After reviewing all available information, WSHP will issue written findings to both parties. If retaliation is found, the findings letter will include any applicable remedies.

How complaints are evaluated

To establish retaliation, WSHP generally looks for five elements:

1. Timely filing

   The complaint was filed within 30 days of the retaliatory action.

2. Protected activity

   The employee engaged in a protected workplace safety or health activity, such as reporting hazards, reporting an injury, filing a complaint, or cooperating with DLS or OSHA

3. Employer knowledge

   The employer knew or suspected that the employee engaged in protected activity.

4. Adverse action

   The employer took an adverse action, such as termination, suspension, demotion, discipline, harassment, or another negative employment action.

5. Connection

   There is reasonable cause to believe the protected activity contributed to the adverse action.

Other resources

Workplace Discrimination

If you believe you experienced discrimination based on race, age, religion, national origin, sex, sexual orientation, gender identity, or another protected characteristic, contact the Massachusetts Commission Against Discrimination.

Wage and Hour Issues

For concerns involving wages, prevailing wage, child labor, or public bidding laws, contact the Massachusetts Attorney General's Fair Labor Division.