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U.S. Code as of:
01/19/04
Section 1367. Employee protection
(a) Discrimination against persons filing, instituting, or
testifying in proceedings under this chapter prohibited
No person shall fire, or in any other way discriminate against,
or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that
such employee or representative has filed, instituted, or caused to
be filed or instituted any proceeding under this chapter, or has
testified or is about to testify in any proceeding resulting from
the administration or enforcement of the provisions of this
chapter.
(b) Application for review; investigation; hearing; review
Any employee or a representative of employees who believes that
he has been fired or otherwise discriminated against by any person
in violation of subsection (a) of this section may, within thirty
days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy
of the application shall be sent to such person who shall be the
respondent. Upon receipt of such application, the Secretary of
Labor shall cause such investigation to be made as he deems
appropriate. Such investigation shall provide an opportunity for a
public hearing at the request of any party to such review to enable
the parties to present information relating to such alleged
violation. The parties shall be given written notice of the time
and place of the hearing at least five days prior to the hearing.
Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation,
the Secretary of Labor shall make findings of fact. If he finds
that such violation did occur, he shall issue a decision,
incorporating an order therein and his findings, requiring the
party committing such violation to take such affirmative action to
abate the violation as the Secretary of Labor deems appropriate,
including, but not limited to, the rehiring or reinstatement of the
employee or representative of employees to his former position with
compensation. If he finds that there was no such violation, he
shall issue an order denying the application. Such order issued by
the Secretary of Labor under this subparagraph shall be subject to
judicial review in the same manner as orders and decisions of the
Administrator are subject to judicial review under this chapter.
(c) Costs and expenses
Whenever an order is issued under this section to abate such
violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the
attorney's fees), as determined by the Secretary of Labor, to have
been reasonably incurred by the applicant for, or in connection
with, the institution and prosecution of such proceedings, shall be
assessed against the person committing such violation.
(d) Deliberate violations by employee acting without direction from
his employer or his agent
This section shall have no application to any employee who,
acting without direction from his employer (or his agent)
deliberately violates any prohibition of effluent limitation or
other limitation under section 1311 or 1312 of this title,
standards of performance under section 1316 of this title, effluent
standard, prohibition or pretreatment standard under section 1317
of this title, or any other prohibition or limitation established
under this chapter.
(e) Investigations of employment reductions
The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the
issuance of any effluent limitation or order under this chapter,
including, where appropriate, investigating threatened plant
closures or reductions in employment allegedly resulting from such
limitation or order. Any employee who is discharged or laid-off,
threatened with discharge or lay-off, or otherwise discriminated
against by any person because of the alleged results of any
effluent limitation or order issued under this chapter, or any
representative of such employee, may request the Administrator to
conduct a full investigation of the matter. The Administrator shall
thereupon investigate the matter and, at the request of any party,
shall hold public hearings on not less than five days notice, and
shall at such hearings require the parties, including the employer
involved, to present information relating to the actual or
potential effect of such limitation or order on employment and on
any alleged discharge, lay-off, or other discrimination and the
detailed reasons or justification therefor. Any such hearing shall
be of record and shall be subject to section 554 of title 5. Upon
receiving the report of such investigation, the Administrator shall
make findings of fact as to the effect of such effluent limitation
or order on employment and on the alleged discharge, lay-off, or
discrimination and shall make such recommendations as he deems
appropriate. Such report, findings, and recommendations shall be
available to the public. Nothing in this subsection shall be
construed to require or authorize the Administrator to modify or
withdraw any effluent limitation or order issued under this
chapter.
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