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§ 52.5 Employee protection.(a) Discrimination by a Commission licensee, holder of a standard design approval, an applicant for a license, standard design certification, or standard design approval, a contractor or subcontractor of a Commission licensee, holder of a standard design approval, applicant for a license, standard design certification, or standard design approval, against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in Section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act. (1) The protected activities include but are not limited to: (i) Providing the Commission or his or
her employer information about alleged
violations of either of the statutes (ii) Refusing to engage in any practice
made unlawful under either of the
statutes named in the introductory text
of paragraph (a) of this section or under
these requirements if the employee has
identified the alleged illegality to the (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the statutes named in the introductory text of paragraph (a) of this section; and (v) Assisting or participating in, or is about to assist or participate in, these activities. (2) These activities are protected even
if no formal proceeding is actually
initiated as a result of the employee (3) This section has no application to
any employee alleging discrimination
prohibited by this section who, acting (b) Any employee who believes that he or she has been discharged or otherwise discriminated against by any person for engaging in protected activities specified in paragraph (a)(1) of this section may seek a remedy for the discharge or discrimination through an administrative proceeding in the Department of Labor. The administrative proceeding must be initiated within 180 days after an alleged violation occurs. The employee may do this by filing a complaint alleging the violation with the Department of Labor, Employment Standards Administration, Wage and Hour Division. The Department of Labor may order reinstatement, back pay, and compensatory damages. (c) A violation of paragraph (a), (e), or (f) of this section by a Commission licensee, a holder of a standard design approval, an applicant for a Commission license, standard design certification, or a standard design approval, or a contractor or subcontractor of a Commission licensee, holder of a standard design approval, or any applicant may be grounds for— (1) Denial, revocation, or suspension of the license or standard design approval; (2) Withdrawal or revocation of a proposed or final standard design certification; (3) Imposition of a civil penalty on the
licensee, holder of a standard design
approval, or applicant (including an (4) Other enforcement action. (d) Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds. The prohibition applies when the adverse action occurs because the employee has engaged in protected activities. An employee's engagement in protected activities does not automatically render him or her immune from discharge or discipline for legitimate reasons or from adverse action dictated by nonprohibited considerations. (e)(1) Each licensee, each holder of a
standard design approval, and each
applicant for a license, standard design (2) Copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in appendix D to part 20 of this chapter, by calling (301) 415–7232, via e-mail to forms@nrc.gov, or by visiting the NRC's Web site at http://www.nrc.gov and selecting forms from the index found on the NRC's home page. (f) No agreement affecting the
compensation, terms, conditions, or
privileges of employment, including an
agreement to settle a complaint filed by
an employee with the Department of
Labor under Section 211 of the Energy (g) Part 19 of this chapter sets forth
requirements and regulatory provisions
applicable to licensees, holders of a [72 FR 49520, Aug. 28, 2007; 72 FR 63974, Nov. 14, 2007] |
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