Sec. 15. Employee protection
806 words·~4 min read·
/bill/117/s/3283/is/section-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) (as amended by section 13(b)) is amended by adding at the end the following: No employer may discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)— has commenced, has caused to be commenced, or is about to commence or cause to be commenced a proceeding under this Act; has testified or is about to testify in any proceeding described in paragraph (1); or has assisted or participated or is about to assist or participate in any manner in— any proceeding described in paragraph (1); or any other action to carry out the purposes of this Act.
Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of subsection
(a)may, not later than 30 days after the date on which the alleged violation occurs, file (or have any person file on behalf of the employee) a complaint with the Secretary of Labor (referred to in this section as the Secretary ) alleging that discharge or discrimination. On receipt of a complaint filed under paragraph (1), the Secretary shall notify the person named in the complaint of the filing of the complaint. On receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in the complaint. Not later than 30 days after the date on which the Secretary receives a complaint filed under paragraph (1), the Secretary shall— complete the investigation under subparagraph (A); and notify in writing the complainant (and any person acting on behalf of the complainant) and the person alleged to have committed the applicable violation of the results of that investigation. Not later than 90 days after the date on which the Secretary receives a complaint filed under paragraph (1), 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 the applicable violation, the Secretary shall issue an order— providing the relief described in paragraph (5); or denying the complaint. An order of the Secretary under subparagraph
(A)shall be made on the record after notice and opportunity for agency hearing. The Secretary may not enter into a settlement terminating a proceeding on a complaint filed under paragraph
(1)without the participation and consent of the complainant. If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection
(a)has occurred, the Secretary shall issue an order— requiring the person who committed the violation— to take affirmative action to abate the violation; and if the complainant was discharged by the person committing the violation, to reinstate the complainant to the complainant’s former position, with the compensation (including back pay), terms, conditions, and privileges of the complainant’s employment; and assessing against the person who committed the violation— compensatory damages; if appropriate, exemplary damages; and at the request of the complainant, a sum equal to the aggregate amount of all costs and expenses (including attorney’s fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint. Any employee or employer adversely affected or aggrieved by an order issued under subsection
(b)may obtain review of the order in the court of appeals of the United States for the judicial circuit in which the violation with respect to which the order is issued allegedly occurred. A petition for review under paragraph
(1)shall be filed not later than 60 days after the date on which the applicable order is issued under subsection (b). Judicial review under paragraph
(1)shall be in accordance with chapter 7 of title 5, United States Code. An order of the Secretary with respect to which judicial review may be or may have been obtained under paragraph
(1)shall not be subject to judicial review in— a criminal proceeding; or a civil proceeding under any other provision of law. If a person fails to comply with an order issued under subsection (b), the Secretary shall bring a civil action in the district court of the United States for the judicial district in which the violation is determined to occur to enforce that order. In a civil action brought under paragraph (1), a district court of the United States shall have jurisdiction to grant all appropriate relief, including injunctive relief, compensatory damages, and exemplary damages. Subsection
(a)shall not apply with respect to any employee who, acting without direction from the employee’s employer (or any agent of the employer), deliberately causes a violation of any requirement of this Act. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 15
Employee protection
Cites 1Cited by 0 across 0 sources