
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7622]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 7622. Employee protection


(a) Discharge or discrimination prohibited

    No employer may discharge any employee or otherwise discriminate 
against any employee with respect to his compensation, terms, 
conditions, or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)--
        (1) commenced, caused to be commenced, or is about to commence 
    or cause to be commenced a proceeding under this chapter or a 
    proceeding for the administration or enforcement of any requirement 
    imposed under this chapter or under any applicable implementation 
    plan,
        (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) Complaint charging unlawful discharge or discrimination; 
        investigation; order

    (1) Any employee who believes that he has been discharged or 
otherwise discriminated against by any person in violation of subsection 
(a) of this section may, within thirty days after such violation occurs, 
file (or have any person file on his behalf) a complaint with the 
Secretary of Labor (hereinafter in this subsection 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 thirty days of the receipt of such complaint, the 
Secretary shall complete such investigation and shall notify in writing 
the complainant (and any person acting in his behalf) and the person 
alleged to have committed such violation of the results of the 
investigation conducted pursuant to this subparagraph. 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 public 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 the person who committed such 
violation to (i) take affirmative action to abate the violation, and 
(ii) reinstate the complainant to his former position together with the 
compensation (including back pay), terms, conditions, and privileges of 
his employment, and the Secretary may order such person to provide 
compensatory damages to the complainant. If an order is issued under 
this paragraph, 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 attorneys' 
and expert witness 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 person 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. The commencement of proceedings under this subparagraph 
shall not, unless ordered by the court, operate as a stay of the 
Secretary's order.
    (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 of order by Secretary

    Whenever a person has failed to comply with an order issued under 
subsection (b)(2) of this section, the Secretary may 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, but not limited to, injunctive 
relief, compensatory, and exemplary damages.

(e) Enforcement of order by person on whose behalf order was issued

    (1) Any person on whose behalf an order was issued under paragraph 
(2) of subsection (b) of this section may commence a civil action 
against the person to whom such order was issued to require compliance 
with such order. The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy or the 
citizenship of the parties, to enforce such order.
    (2) The court, in issuing any final order under this subsection, may 
award costs of litigation (including reasonable attorney and expert 
witness fees) to any party whenever the court determines such award is 
appropriate.

(f) Mandamus

    Any nondiscretionary duty imposed by this section shall be 
enforceable in a mandamus proceeding brought under section 1361 of title 
28.

(g) Deliberate violation by employee

    Subsection (a) of this section shall not apply with respect to any 
employee who, acting without direction from his employer (or the 
employer's agent), deliberately causes a violation of any requirement of 
this chapter.

(July 14, 1955, ch. 360, title III, Sec. 322, as added Pub. L. 95-95, 
title III, Sec. 312, Aug. 7, 1977, 91 Stat. 783.)


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
provided, see section 406(d) of Pub. L. 95-95, set out as an Effective 
Date of 1977 Amendment note under section 7401 of this title.


                    Federal Rules of Civil Procedure

    Injunctions, see rule 65, Title 28, Appendix, Judiciary and Judicial 
Procedure.
    Writ of mandamus abolished in United States district courts, but 
relief available by appropriate action or motion, see rule 81.
