§ 2622. — Employee protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2622]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
Sec. 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.
(Pub. L. 94-469, title I, Sec. 23, Oct. 11, 1976, 90 Stat. 2044; Pub. L.
98-620, title IV, Sec. 402(19), Nov. 8, 1984, 98 Stat. 3358; renumbered
title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 Stat. 2989.)
Amendments
1984--Subsec. (d). Pub. L. 98-620 struck out provision that civil
actions brought under this subsection had to be heard and decided
expeditiously.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of Title 28, Judiciary and Judicial Procedure.
