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U.S. Code as of:
01/19/04
Section 2622. Employee protection
(a) In general
No employer may discharge any employee or otherwise discriminate
against any employee with respect to the employee's compensation,
terms, conditions, or privileges of employment because the employee
(or any person acting pursuant to a request of the employee) has -
(1) commenced, caused to be commenced, or is about to commence
or cause to be commenced a proceeding under this chapter;
(2) testified or is about to testify in any such proceeding; or
(3) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
action to carry out the purposes of this chapter.
(b) Remedy
(1) Any employee who believes that the employee has been
discharged or otherwise discriminated against by any person in
violation of subsection (a) of this section may, within 30 days
after such alleged violation occurs, file (or have any person file
on the employee's behalf) a complaint with the Secretary of Labor
(hereinafter in this section referred to as the "Secretary")
alleging such discharge or discrimination. Upon receipt of such a
complaint, the Secretary shall notify the person named in the
complaint of the filing of the complaint.
(2)(A) Upon receipt of a complaint filed under paragraph (1), the
Secretary shall conduct an investigation of the violation alleged
in the complaint. Within 30 days of the receipt of such complaint,
the Secretary shall complete such investigation and shall notify in
writing the complainant (and any person acting on behalf of the
complainant) and the person alleged to have committed such
violation of the results of the investigation conducted pursuant to
this paragraph. Within ninety days of the receipt of such complaint
the Secretary shall, unless the proceeding on the complaint is
terminated by the Secretary on the basis of a settlement entered
into by the Secretary and the person alleged to have committed such
violation, issue an order either providing the relief prescribed by
subparagraph (B) or denying the complaint. An order of the
Secretary shall be made on the record after notice and opportunity
for agency hearing. The Secretary may not enter into a settlement
terminating a proceeding on a complaint without the participation
and consent of the complainant.
(B) If in response to a complaint filed under paragraph (1) the
Secretary determines that a violation of subsection (a) of this
section has occurred, the Secretary shall order (i) the person who
committed such violation to take affirmative action to abate the
violation, (ii) such person to reinstate the complainant to the
complainant's former position together with the compensation
(including back pay), terms, conditions, and privileges of the
complainant's employment, (iii) compensatory damages, and (iv)
where appropriate, exemplary damages. If such an order issued, the
Secretary, at the request of the complainant, shall assess against
the person against whom the order is issued a sum equal to the
aggregate amount of all costs and expenses (including attorney's
fees) reasonably incurred, as determined by the Secretary, by the
complainant for, or in connection with, the bringing of the
complaint upon which the order was issued.
(c) Review
(1) Any employee or employer adversely affected or aggrieved by
an order issued under subsection (b) of this section may obtain
review of the order in the United States Court of Appeals for the
circuit in which the violation, with respect to which the order was
issued, allegedly occurred. The petition for review must be filed
within sixty days from the issuance of the Secretary's order.
Review shall conform to chapter 7 of title 5.
(2) An order of the Secretary, with respect to which review could
have been obtained under paragraph (1), shall not be subject to
judicial review in any criminal or other civil proceeding.
(d) Enforcement
Whenever a person has failed to comply with an order issued under
subsection (b)(2) of this section, the Secretary shall file a civil
action in the United States district court for the district in
which the violation was found to occur to enforce such order. In
actions brought under this subsection, the district courts shall
have jurisdiction to grant all appropriate relief, including
injunctive relief and compensatory and exemplary damages.
(e) Exclusion
Subsection (a) of this section shall not apply with respect to
any employee who, acting without direction from the employee's
employer (or any agent of the employer), deliberately causes a
violation of any requirement of this chapter.
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