(H.R. Rep. No. 94-1491, pt. 1, reprinted in 1976 U.S. Code Cong. & Admin. News
6238, 6306-07)
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Employee Protection
This subsection (a) prohibits an employer from discharging any employee or otherwise
discriminating against any employee with respect to his compensation, terms, conditions and privileges
or employment, because such employee commenced or caused to be commenced a legal proceeding
under this act; testified, or is about to testify in any proceeding; assisted or is about to assist, or
participate in any proceeding to carry out the purposes of this Act.
Subsection (b) gives an employee discharged or otherwise discriminated against because of
participation in a subsection (a) activity a remedy. Such employee can file a complaint with the
Secretary of Labor, within 30 days after the alleged violation occurs, alleging such discrimination, and
the Secretary of Labor shall notify the person named in the complaint of the filing of such complaint.
Within 30 days of the receipt of the complaint the Secretary shall conduct an investigation of the
alleged violation and shall notify the parties of his conclusions. Within the 90 days of the receipt of the
complaint, unless the matter has been settled, the Secretary shall issue an order providing for
appropriate relief or denying the complaint. Such order of the Secretary shall be made on the record
after notice and opportunity for public hearing.
If the Secretary determines that a violation has occurred, he shall order the person who has
committed the violation to take affirmative action to abate the violation, to reinstate the complainant to
his former position, together with the terms, conditions and privileges of his employment, backpay,
compensatory damages, and where appropriate, exemplary damages. If such order is issued 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
reasonable attorney's fees, reasonably incurred by the bringing of the complaint.
Subsection (c) provides that any party may obtain review of the order of the Secretary of Labor in
the United States Court of Appeals for the circuit in which the violation occurs. Such petition filed with
the Court of Appeals must be filed within 60 days from the issuance of the Secretary's order.
Commencement of such proceedings under this paragraph shall not, unless under the order of the
court, operate as a stay of the Secretary's order.
Subsection (d) provides that whenever a person has failed to comply with an order issued by the
Secretary, the Secretary is directed to file a civil action in the United States district court in which the
violation occurred, to enforce the order. The court shall be permitted to grant appropriate relief
Subsection (e) provides that this section shall not apply to any employee who was acting without
the direction of his employer, to deliberately cause violation of a requirement of this Act.
