42 U.S.C. § 9610 : US Code - Section 9610: Employee protection

Search 42 U.S.C. § 9610 : US Code - Section 9610: Employee protection

(a) Activities of employee subject to protection
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 provided information to a State
or to the Federal Government, 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) Administrative grievance procedure in cases of alleged
violations
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 are
subject to judicial review under this chapter.
(c) Assessment of costs and expenses against violator subsequent to
issuance of order of abatement
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) 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) Defenses
This section shall have no application to any employee who acting
without discretion from his employer (or his agent) deliberately
violates any requirement of this chapter.
(e) Presidential evaluations of potential loss of shifts of
employment resulting from administration or enforcement of
provisions; investigations; procedures applicable, etc.
The President shall conduct continuing evaluations of potential
loss of shifts of employment which may result from the
administration or enforcement of the provisions of this chapter,
including, where appropriate, investigating threatened plant
closures or reductions in employment allegedly resulting from such
administration or enforcement. Any employee who is discharged, or
laid off, threatened with discharge or layoff, or otherwise
discriminated against by any person because of the alleged results
of such administration or enforcement, or any representative of
such employee, may request the President to conduct a full
investigation of the matter and, at the request of any party, shall
hold public hearings, require the parties, including the employer
involved, to present information relating to the actual or
potential effect of such administration or enforcement on
employment and any alleged discharge, layoff, or other
discrimination, and the detailed reasons or justification
therefore.(!1) 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 President shall make findings of fact as to
the effect of such administration or enforcement on employment and
on the alleged discharge, layoff, 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 President or any State to modify or withdraw any
action, standard, limitation, or any other requirement of this
chapter.