
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: 42USC9610]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9610. Employee protection


(a) Activities of employee subject to protection

    No person shall fire or in any other way discriminate against, or 
cause to be fired or discriminated against, any employee or any 
authorized representative of employees by reason of the fact that such 
employee or representative has provided information to a State or to the 
Federal Government, filed, instituted, or caused to be filed or 
instituted any proceeding under this chapter, or has testified or is 
about to testify in any proceeding resulting from the administration or 
enforcement of the provisions of this chapter.

(b) Administrative grievance procedure in cases of alleged violations

    Any employee or a representative of employees who believes that he 
has been fired or otherwise discriminated against by any person in 
violation of subsection (a) of this section may, within thirty days 
after such alleged violation occurs, apply to the Secretary of Labor for 
a review of such firing or alleged discrimination. A copy of the 
application shall be sent to such person, who shall be the respondent. 
Upon receipt of such application, the Secretary of Labor shall cause 
such investigation to be made as he deems appropriate. Such 
investigation shall provide an opportunity for a public hearing at the 
request of any party to such review to enable the parties to present 
information relating to such alleged violation. The parties shall be 
given written notice of the time and place of the hearing at least five 
days prior to the hearing. Any such hearing shall be of record and shall 
be subject to section 554 of title 5. Upon receiving the report of such 
investigation, the Secretary of Labor shall make findings of fact. If he 
finds that such violation did occur, he shall issue a decision, 
incorporating an order therein and his findings, requiring the party 
committing such violation to take such affirmative action to abate the 
violation as the Secretary of Labor deems appropriate, including, but 
not limited to, the rehiring or reinstatement of the employee or 
representative of employees to his former position with compensation. If 
he finds that there was no such violation, he shall issue an order 
denying the application. Such order issued by the Secretary of Labor 
under this subparagraph shall be subject to judicial review in the same 
manner as orders and decisions are subject to judicial review under this 
chapter.

(c) Assessment of costs and expenses against violator subsequent to 
        issuance of order of abatement

    Whenever an order is issued under this section to abate such 
violation, at the request of the applicant a sum equal to the aggregate 
amount of all costs and expenses (including the attorney's fees) 
determined by the Secretary of Labor to have been reasonably incurred by 
the applicant for, or in connection with, the institution and 
prosecution of such proceedings, shall be assessed against the person 
committing such violation.

(d) Defenses

    This section shall have no application to any employee who acting 
without discretion from his employer (or his agent) deliberately 
violates any requirement of this chapter.

(e) Presidential evaluations of potential loss of shifts of employment 
        resulting from administration or enforcement of provisions; 
        investigations; procedures applicable, etc.

    The President shall conduct continuing evaluations of potential loss 
of shifts of employment which may result from the administration or 
enforcement of the provisions of this chapter, including, where 
appropriate, investigating threatened plant closures or reductions in 
employment allegedly resulting from such administration or enforcement. 
Any employee who is discharged, or laid off, threatened with discharge 
or layoff, or otherwise discriminated against by any person because of 
the alleged results of such administration or enforcement, or any 
representative of such employee, may request the President to conduct a 
full investigation of the matter and, at the request of any party, shall 
hold public hearings, require the parties, including the employer 
involved, to present information relating to the actual or potential 
effect of such administration or enforcement on employment and any 
alleged discharge, layoff, or other discrimination, and the detailed 
reasons or justification therefore.\1\ Any such hearing shall be of 
record and shall be subject to section 554 of title 5. Upon receiving 
the report of such investigation, the President shall make findings of 
fact as to the effect of such administration or enforcement on 
employment and on the alleged discharge, layoff, or discrimination and 
shall make such recommendations as he deems appropriate. Such report, 
findings, and recommendations shall be available to the public. Nothing 
in this subsection shall be construed to require or authorize the 
President or any State to modify or withdraw any action, standard, 
limitation, or any other requirement of this chapter.
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    \1\ So in original.
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(Pub. L. 96-510, title I, Sec. 110, Dec. 11, 1980, 94 Stat. 2787.)
