29 U.S.C. § 218c: Protections for employees

Summary

Employers must not fire or punish an employee in pay, job terms, or benefits for certain protected actions. Protected actions include using the tax credit in 26 U.S.C. §36B or the subsidy in 42 U.S.C. §18071; reporting or planning to report suspected violations to the employer, the federal government, or a state attorney general; testifying or planning to testify; helping with a related case; or objecting to or refusing work you reasonably believe breaks these rules. If you think you were punished for any of these things, you can seek relief under the process and time limits in 15 U.S.C. §2087(b). Your rights under other federal or state laws and any union contract still apply and cannot be waived by signing a form or agreement.

Title 29, §218c

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(a)Prohibition

No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee) has—

(1)received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42;

(2)provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title 1 (or an amendment made by this title); 1

(3)testified or is about to testify in a proceeding concerning such violation;

(4)assisted or participated, or is about to assist or participate, in such a proceeding; or

(5)objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this title 1 (or amendment), or any order, rule, regulation, standard, or ban under this title 1 (or amendment).

(b)Complaint procedure

(1)In general

An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15.

(2)No limitation on rights

Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 18071 of title 42, referred to in subsec. (a)(1), was in the original “section 1402 of this Act”, and was translated as meaning section 1402 of the Patient Protection and Affordable Care Act, which is classified to section 18071 of title 42, to reflect the probable intent of Congress. This title, referred to in subsec. (a)(2), (5), probably means title I of Pub. L. 111–148, Mar. 23, 2011, 124 Stat. 130. For complete classification of title I to the Code, see Tables. section 2087(b) of title 15, referred to in subsec. (b)(1), was in the original “section 2807(b) of title 15”, and probably should have read “section 40(b) of the Consumer Product Safety Act”, which is classified to section 2087(b) of Title 15, Commerce and Trade.

§218c Protections for Employees

Summary

Title 29, §218c

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata