(S. Rep. No. 94-698, reprinted in 1976 U.S. Code Cong. & Admin. News 4491,4519-20)
Section 23--Employee Protection
Subsection (a) prohibits an employer from discharging or otherwise discriminating against any
employee because the employee, or any person acting pursuant to a request of the employee,
participates or intends to participate in any way in any proceeding or action for the purposes of
carrying out the intent of this Act.
Any employee who believes that he or she has been discharged or otherwise discriminated against
is authorized by subsection (b) to file a complaint with the Secretary of Labor within 30 days of the
alleged violation. The Secretary is to investigate such an alleged violation and shall, within 90 days,
issue an order either providing relief or denying the complaint, unless the Secretary and the person
alleged to have committed such violation agree to a settlement. The forms of relief which the
Secretary can provide are prescribed in this subsection.
Subsection (c) authorizes judicial review of an order issued under subsection (b) upon petition by
any person adversely affected or aggrieved by such order.
Whenever a person has failed to comply with an order issued under subsection (b), subsection (d)
directs the Secretary of Labor to file a civil action in the appropriate district court to enforce such
action. In such civil actions the district courts shall have jurisdiction to grant all appropriate relief,
including injunctive relief and compensatory and exemplary damages.
Subsection (e) excludes from the protection of subsection (a) any employee who, acting without
direction from the employee's employer or any agent of the employer, deliberately causes a violation of
any requirement of this Act.
Subsection (f) directs the Administrator to conduct continuing evaluations of the potential loss or
shifts of employment which may result from the issuance of any rule or order under this act. Any
employee who is discharged or threatened with discharge or otherwise discriminated against by any
person because of the results of any rule or order issued under this act 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 interested party, shall hold a public hearing. Upon receiving the report of
any such investigation, the Administrator shall make findings of fact as to the effect of such rule or
order on employment and shall make recommendations as he deems appropriate, which report,
findings, and recommendations shall be available to the public. Nothing in this subsection shall be
construed to require the Administrator to modify or withdraw any rule or order issued under this Act.
