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Hypotheticals Help Explain ACA’s Whistleblower Provisions

Imagine three employees—Jane, Mark, and Steve—each one on the cusp of employment termination, each one for a different reason, but each having engaged in protected conduct under the newly-enacted anti-retaliation provisions of the Affordable Card Act (“ACA”). We meet them as their supervisors approach their respective Human Resources department to complete the employment termination. Employees, supervisors, and Human Resources employees need to know how to respond to the individual situations. But, first, some background on the law.

The ACA’s anti-retaliation provision The ACA contains an important anti-retaliation provision. Under the ACA, retaliation against an employee is prohibited if the employee engages in certain behavior, which includes:

1. receiving a credit under section 36B of the Internal Revenue Code;
2. receiving a subsidy under section 1402 of the ACA; or
3. engaging in typical whistleblower behavior regarding violations of Title I of the ACA…

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