Glossary
Retaliation
Any direct or indirect adverse measure taken against a whistleblower because of their report. Article 19 of EU Directive 2019/1937 prohibits dismissal, demotion, transfer, withheld training, negative reviews, reputational damage, blacklisting, and contract termination. Article 21(5) reverses the burden of proof so the employer must justify the measure on unrelated grounds.
Full definition
Article 19 of EU Directive 2019/1937 prohibits all forms of retaliation, including dismissal, demotion, transfer, withholding of training, negative performance reviews, change of working hours, reputational damage, blacklisting, early termination of a contract, and refusal of conversion of a temporary contract. Article 21(5) reverses the burden of proof: once a reporter alleges retaliation, the employer must prove that the adverse measure was based on duly justified grounds unrelated to the report.
Related terms
- Whistleblower Under EU Directive 2019/1937, a whistleblower is any natural person who reports breaches of EU or national law acquired in a work-related context. The scope covers employees, ex-employees, applicants, contractors, suppliers, shareholders, volunteers, and board members. Protection applies whenever the reporter had reasonable grounds to believe the information was true.
- Protected Disclosure A protected disclosure is a report of an EU or national law breach that triggers automatic protection from retaliation under EU Directive 2019/1937 Articles 5 to 15. The reporter must have had reasonable grounds to believe the information was true at the time of reporting. False or malicious reports are not protected.
- Reverse Burden of Proof Under EU Directive 2019/1937 Article 21(5), once a reporter shows a protected disclosure followed by an adverse measure, the burden shifts to the employer to prove the measure was based on grounds unrelated to the disclosure. The mechanism matters because retaliation is hard to prove directly, and national courts in Germany, France, and the Netherlands have applied it since 2024.