Sixth Circuit: Scott v. Metropolitan Health Corporation

The False Claims Act, 31 U.S.C. §§ 3729 et seq., provides a cause of action for an employee who is “discriminated against in the terms and conditions of employment” by her employer “because of” the employee investigating, bringing, or otherwise assisting in bringing an FCA qui tam action. 31 U.S.C. § 3730(h). The applicable legislative history broadly defines “because of” to not only include those actions taken exclusively because of the employee’s qui tam activities, but also those actions motivated, “in part,” by the employee’s qui tam activities. S. Rep. No. 99-345, at 35 (1986), reprinted in 1986 2 U.S.C.C.A.N. 5266, 5300.

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