15 U.S.C. § 2622: Employee protection

Summary

Employers must not fire or punish workers for starting, joining, helping with, or testifying in proceedings under this law. If a worker thinks this happened, they (or someone for them) must file a complaint with the Secretary of Labor within 30 days. The Secretary will tell the employer, investigate and tell both sides the results within 30 days, and must issue an order within 90 days unless the case is settled. Any settlement needs the worker’s agreement. Orders are issued after notice and a chance for a hearing. If the Secretary finds a violation, the order can require the employer to stop the violation, put the worker back in their job with pay owed, pay compensatory damages and possibly exemplary (punitive) damages, and—if the worker asks—pay costs and attorney’s fees. Anyone hurt by the Secretary’s order can ask the U.S. Court of Appeals for review within 60 days; that review follows the rules in chapter 7 of title 5. The Secretary can sue in district court to enforce an order if it is not followed. The protection does not cover an employee who, on their own and without employer direction, intentionally causes a violation of this chapter.

Title 15, §2622

Commerce and Trade, Source: USLM XML via OLRC

(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) 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), 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.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment 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.

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2622 Employee Protection

Summary

Title 15, §2622

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata