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U.S. Code as of:
01/19/04
Section 7622. Employee protection
(a) Discharge or discrimination prohibited
No employer may discharge any employee or otherwise discriminate
against any employee with respect to his compensation, terms,
conditions, or privileges of employment because the employee (or
any person acting pursuant to a request of the employee) -
(1) commenced, caused to be commenced, or is about to commence
or cause to be commenced a proceeding under this chapter or a
proceeding for the administration or enforcement of any
requirement imposed under this chapter or under any applicable
implementation plan,
(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) Complaint charging unlawful discharge or discrimination;
investigation; order
(1) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of
subsection (a) of this section may, within thirty days after such
violation occurs, file (or have any person file on his behalf) a
complaint with the Secretary of Labor (hereinafter in this
subsection 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 thirty days of the receipt of such
complaint, the Secretary shall complete such investigation and
shall notify in writing the complainant (and any person acting in
his behalf) and the person alleged to have committed such violation
of the results of the investigation conducted pursuant to this
subparagraph. 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 public 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 the person who
committed such violation to (i) take affirmative action to abate
the violation, and (ii) reinstate the complainant to his former
position together with the compensation (including back pay),
terms, conditions, and privileges of his employment, and the
Secretary may order such person to provide compensatory damages to
the complainant. If an order is issued under this paragraph, 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 attorneys'
and expert witness 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 person 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. The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate as a
stay of the Secretary's order.
(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 of order by Secretary
Whenever a person has failed to comply with an order issued under
subsection (b)(2) of this section, the Secretary may 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, but
not limited to, injunctive relief, compensatory, and exemplary
damages.
(e) Enforcement of order by person on whose behalf order was issued
(1) Any person on whose behalf an order was issued under
paragraph (2) of subsection (b) of this section may commence a
civil action against the person to whom such order was issued to
require compliance with such order. The appropriate United States
district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such order.
(2) The court, in issuing any final order under this subsection,
may award costs of litigation (including reasonable attorney and
expert witness fees) to any party whenever the court determines
such award is appropriate.
(f) Mandamus
Any nondiscretionary duty imposed by this section shall be
enforceable in a mandamus proceeding brought under section 1361 of
title 28.
(g) Deliberate violation by employee
Subsection (a) of this section shall not apply with respect to
any employee who, acting without direction from his employer (or
the employer's agent), deliberately causes a violation of any
requirement of this chapter.
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