§80507 — Title 46 Shipping | U.S. Code

Summary

Employers may not fire or punish someone for reporting an unsafe container or a violation of this chapter. The person must complain to the Secretary of Labor within 60 days; the Secretary can investigate and, if a violation is found, go to federal court to stop it and order relief like rehiring and back pay, and must notify the person within 30 days.

Title 46, §80507

Shipping — Source: USLM XML via OLRC

(a)A person may not discharge or discriminate against an employee because the employee has reported the existence of an unsafe container or a violation of this chapter or a regulation prescribed under this chapter.

(b)An employee alleging to have been discharged or discriminated against in violation of subsection (a) may file a complaint with the Secretary of Labor. The complaint must be filed within 60 days after the violation.

(c)The Secretary of Labor may investigate the complaint. If the Secretary of Labor finds there has been a violation, the Secretary of Labor may bring a civil action in an appropriate district court of the United States. The court has jurisdiction to restrain violations of subsection (a) and order appropriate relief, including reinstatement of the employee to the employee’s former position with back pay.

(d)Within 30 days after receiving a complaint under this section, the Secretary of Labor shall notify the complainant of the intended action on the complaint.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8050746 App.:1506.Pub. L. 95–208, § 7, Dec. 13, 1977, 91 Stat. 1479. In subsection (a), the words “in any manner” and “to the Secretary or his agents” are omitted as unnecessary. The words “or a regulation prescribed under this chapter” are added for consistency.

§80507 Employee Protection

Summary

Title 46, §80507

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata