§ 1367. Employee protection
(a) Discrimination against persons filing, instituting, or testifying in proceedings under this
chapter prohibited
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 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) Application for review; investigation; hearing; review
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 of the Administrator are subject to judicial
review under this chapter.
(c) Costs and expenses
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), as 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) Deliberate violations by employee acting without direction from his employer or his
agent
This section shall have no application to any employee who, acting without direction from his
employer (or his agent) deliberately violates any prohibition of effluent limitation or other limitation
under section 1311 or 1312 of this title, standards of performance under section 1316 of this title,
effluent standards, prohibition or pretreatment standard under this section 1317 of this title, or any
other prohibition or limitation established under this chapter.
(e) Investigations of employment reductions
The Administrator shall conduct continuing evaluations of potential loss or shifts of employment
which may result from the issuance of any effluent limitation or order under this chapter, including,
where appropriate, investigating threatened plant closures or reductions in employment allegedly
resulting from such limitation or order. Any employee who is discharged or laid-off, threatened with
discharge or lay-off, or otherwise discriminated against by any person because of the alleged results of
any effluent limitation or order issued under this chapter, or any representative of such employee, may
request the Administrator to conduct a full investigation of the matter. The Administrator shall
thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less
than five days notice, and shall at such hearings require the parties, including the employer involved,
to present information relating to the actual or potential effect of such limitation or order on
employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or
justification therefor. 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 Administrator shall make findings of fact as to the
effect of such effluent limitation or order on employment and on the alleged discharge, lay-off, 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 Administrator to modify or withdraw any effluent limitation or order issued
under this chapter.
(June 30, 1948, ch 758, title V, § 507, as added Oct. 18, 1972, Pub. L. 92-500, § 2, 86
Stat. 890.)
Section Referred to in Other Sections
This section is referred to in section 1369 of this title. It references the authority to the Administrator to issue
subpoenas in making investigations of employment reductions as required by section 1367(e).