Adam B. Gartner


Congress passed the Employee Retirement Income Security Act of 1974 (ERISA) to ensure the protection of private employee benefits. In doing so, Congress created uniform national standards for the administration of private employee benefit plans. Section 510 of ERISA affords some protection to whistleblowers who report ERISA violations. There is uncertainty, however, about whether section 510 protects a whistleblower who complains directly to his or her employer, or whether protection is limited to an individual who makes a report externally. Some circuit courts have held that section 510 protects all ERISA whistleblowers, while others have held that section 510's protections are more limited. This Note considers the history of ERISA and of whistleblower laws, addresses the circuit split over the reach of section 510's whistleblower protection provisions, and proposes an interpretation of section 510 that would provide broad protection to ERISA whistleblowers.

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