29 U.S.C. § 218c

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 218c - Protections for employees

(a) Prohibition

No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee) has-

(1) received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42; ¹

(2) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title ¹ (or an amendment made by this title); ¹

(3) testified or is about to testify in a proceeding concerning such violation;

(4) assisted or participated, or is about to assist or participate, in such a proceeding; or

(5) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this title ¹ (or amendment), or any order, rule, regulation, standard, or ban under this title ¹ (or amendment).

(b) Complaint procedure

(1) In general

An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15.

(2) No limitation on rights

Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

¹ See References in Text note below.

29 U.S.C. § 218c

June 25, 1938, ch. 676, §18C, as added Pub. L. 111-148, title I, §15581558,, 124 Stat. 261.

EDITORIAL NOTES

REFERENCES IN TEXTSection 18071 of title 42, referred to in subsec. (a)(1), was in the original "section 1402 of this Act", and was translated as meaning section 1402 of the Patient Protection and Affordable Care Act, which is classified to section 18071 of title 42, to reflect the probable intent of Congress.This title, referred to in subsec. (a)(2), (5), probably means title I of Pub. L. 111-148, 124 Stat. 130. For complete classification of title I to the Code, see Tables.Section 2087(b) of title 15, referred to in subsec. (b)(1), was in the original "section 2807(b) of title 15", and probably should have read "section 40(b) of the Consumer Product Safety Act", which is classified to section 2087(b) of Title 15, Commerce and Trade.

Commerce: "Commerce" means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.
Employer: "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
Person: "Person" means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
State: "State" means any State of the United States or the District of Columbia or any Territory or possession of the United States.