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42 U.S.C. § 7622 — Employee protection

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7622 — Employee protection

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Stable record: federal_law:legal_authorities:record_usc_6d5ebffb9c302b0eec471713
Source file: Laws/federal/codes/united-states-code/title-42/section-7622-employee-protection--975ed7e26f.md
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Source location: Title 42, Chapter 85, § 7622; chapter-085-air-pollution-prevention-and-control.md

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**(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) 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) 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) 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 11 So in original. 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), 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1361&num=0&edition=prelim). **(g) Deliberate violation by employee** Subsection (a) 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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1361 — Action to compel an officer of the United States to perform his duty

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7622 — Employee protection

Page 7405 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7622 1 So in original. Probably should be ‘‘subsection,’’ § 7621. Employment effects (a) Continuous evaluation of potential loss or shifts of employment The Administrator shall conduct continuing evaluations of potential loss or shifts of employ- ment which may result from the administration or enforcement of the provision of this chapter and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment al- legedly resulting from such administration or enforcement. (b) Request for investigation; hearings; record; report Any employee, or any representative of such employee, who is discharged or laid off, threat- ened with discharge or layoff, or whose employ- ment is otherwise adversely affected or threat- ened to be adversely affected because of the al- leged results of any requirement imposed or pro- posed to be imposed under this chapter, includ- ing any requirement applicable to Federal facili- ties and any requirement imposed by a State or political subdivision thereof, may request the Administrator to conduct a full investigation of the matter. Any such request shall be reduced to writing, shall set forth with reasonable particu- larity the grounds for the request, and shall be signed by the employee, or representative of such employee, making the request. The Admin- istrator shall thereupon investigate the matter and, at the request of any party, shall hold pub- lic hearings on not less than five days’ notice. At such hearings, the Administrator shall re- quire the parties, including the employer in- volved, to present information relating to the actual or potential effect of such requirements on employment and the detail

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7622

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