(Senate Conf. Rep. No. 94-1302, reprinted in 1976
U.S. Code Cong. & Admin. News 4491,4584-85)
Employee Protection
Senate Bill (section 23)
Section 23 of the Senate bill provides protection for
employees who cooperate with the Administrator in carrying out
the Act. The provision prohibits any employer from discharging
any employee or otherwise discriminating against the employee
with respect to compensation, terms, conditions, or privileges of
employment because the employee commenced, caused to be
commenced, or is about to commence a proceeding under the Act.
Protection is provided for employees who have testified or are
about to testify in any proceeding under the Act or who have
assisted or participated in a proceeding or any other action to
carry out the purposes of the Act. The Secretary of Labor shall
conduct investigations of alleged violations and issue orders to
require any person who violates the prohibitions to take
affirmative action to remedy any such violation. Any person
adversely affected by an order of the Secretary may obtain
judicial review of the order in the United States court of
appeals for the circuit in which the violation
allegedly occurred. The Secretary is authorized to enforce the
orders in the district court of the United States for the
district in which the violation occurred.
House amendment (section 23)
The House amendment contains an identical provision.
Conference substitute (section 23)
The conference substitute adopts the provision found in both
the Senate bill and House amendment.
