(Senate Conf. Rep. No. 92-1236, reprinted in 1972
U.S. Code Cong. & Admin.
News 3668,3824)
Employee Protection
Senate bill
Section 507 offers protection to employees who believe they
have been fired or discriminated
against as a result of the fact that they have testified or
brought suit under this Act.
The employee would be able to apply to the Secretary of
Labor for review of his case, and the
Secretary could issue an order for the employee to be rehired, or
otherwise compensated, if that is
justified. The section does not apply to an employee who acts
without direction from his employer in
violating the Act.
House amendment
Section 507 is essentially the same as the provisions of the
Senate bill with the addition of a new
subsection (e) which requires the Administrator to investigate
threatened plant closures or reductions in
employment allegedly resulting from any effluent limitation or
order under the Act. Such investigation
shall be conducted on request of an employee or a representative
of an employee. At public hearings
the employer is required to present information relating to the
alleged discharge, layoff, or
discrimination. This hearing is to be on the record and on the
basis of it the Administrator is to make
findings of fact and recommendations. These are to be available
to the public. This provision is not to
be construed to require or authorize the Administrator to modify
or withdraw an effluent limitation or
order.
Conference substitute
Section 507 is the same as the House amendment.
