The Federal Credit Union Act, 12 U.S.C. sec. 1790b, makes it unlawful to retaliate against a whistleblower who engages in certain protected activity. The statute states as follows:
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 [National Credit Union Administration] 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.
The Fifth Circuit recently identified in Schroeder v. Greater New Orleans Federal Credit Union, No. 10-31169 (December 19, 2011), the elements of a cause of action for violation of this statute as follows: (1) that the plaintiff-employee engaged in a protected activity; (2) that the employer credit union took adverse employment action against him or her; and, (3) that a causal link exists between the protected activity and the adverse employment action.
The Fifth Circuit followed earlier decisions by the First Circuit, Simas v. First Citizens Federal Credit Union, 170 F.3d 37 (1st Cir. 1999), and the Sixth Circuit, McNett v Hardin Community Federal Credit Union, 118 Fed.Appx. 960 (6th Cir. 2004), for this holding.
