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[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 49USC31105]
TITLE 49--TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART B--COMMERCIAL
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I--STATE GRANTS
Sec. 31105. Employee protections
(a) Prohibitions.--(1) A person may not discharge an employee, or
discipline or discriminate against an employee regarding pay, terms, or
privileges of employment, because--
(A) the employee, or another person at the employee's request,
has filed a complaint or begun a proceeding related to a violation
of a commercial motor vehicle safety regulation, standard, or order,
or has testified or will testify in such a proceeding; or
(B) the employee refuses to operate a vehicle because--
(i) the operation violates a regulation, standard, or order
of the United States related to commercial motor vehicle safety
or health; or
(ii) the employee has a reasonable apprehension of serious
injury to the employee or the public because of the vehicle's
unsafe condition.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee's
apprehension of serious injury is reasonable only if a reasonable
individual in the circumstances then confronting the employee would
conclude that the unsafe condition establishes a real danger of
accident, injury, or serious impairment to health. To qualify for
protection, the employee must have sought from the employer, and been
unable to obtain, correction of the unsafe condition.
(b) Filing Complaints and Procedures.--(1) An employee alleging
discharge, discipline, or discrimination in violation of subsection (a)
of this section, or another person at the employee's request, may file a
complaint with the Secretary of Labor not later than 180 days after the
alleged violation occurred. On receiving the complaint, the Secretary
shall notify the person alleged to have committed the violation of the
filing of the complaint.
(2)(A) Not later than 60 days after receiving a complaint, the
Secretary shall conduct an investigation, decide whether it is
reasonable to believe the complaint has merit, and notify the
complainant and the person alleged to have committed the violation of
the findings. If the Secretary decides it is reasonable to believe a
violation occurred, the Secretary shall include with the decision
findings and a preliminary order for the relief provided under paragraph
(3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph (A)
of this paragraph, the complainant and the person alleged to have
committed the violation may file objections to the findings or
preliminary order, or both, and request a hearing on the record. The
filing of objections does not stay a reinstatement ordered in the
preliminary order. If a hearing is not requested within the 30 days, the
preliminary order is final and not subject to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120
days after the end of the hearing, the Secretary shall issue a final
order. Before the final order is issued, the proceeding may be ended by
a settlement agreement made by the Secretary, the complainant, and the
person alleged to have committed the violation.
(3)(A) If the Secretary decides, on the basis of a complaint, a
person violated subsection (a) of this section, the Secretary shall
order the person to--
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the
same pay and terms and privileges of employment; and
(iii) pay compensatory damages, including back pay.
(B) If the Secretary issues an order under subparagraph (A) of this
paragraph and the complainant requests, the Secretary may assess against
the person against whom the order is issued the costs (including
attorney's fees) reasonably incurred by the complainant in bringing the
complaint. The Secretary shall determine the costs that reasonably were
incurred.
(c) Judicial Review and Venue.--A person adversely affected by an
order issued after a hearing under subsection (b) of this section may
file a petition for review, not later than 60 days after the order is
issued, in the court of appeals of the United States for the circuit in
which the violation occurred or the person resided on the date of the
violation. The review shall be heard and decided expeditiously. An order
of the Secretary subject to review under this subsection is not subject
to judicial review in a criminal or other civil proceeding.
(d) Civil Actions To Enforce.--If a person fails to comply with an
order issued under subsection (b) of this section, the Secretary shall
bring a civil action to enforce the order in the district court of the
United States for the judicial district in which the violation occurred.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 990.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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31105(a).............................. 49 App.:2305(a), (b). Jan. 6, 1983, Pub. L. 97-424, Sec.
405(a)-(d), 96 Stat. 2157.
31105(b).............................. 49 App.:2305(c).
31105(c).............................. 49 App.:2305(d).
31105(d).............................. 49 App.:2305(e). Jan. 6, 1983, Pub. L. 97-424, Sec.
405(e), 96 Stat. 2158; Nov. 8, 1984,
Pub. L. 98-620, Sec. 402(51), 98
Stat. 3361.
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In subsection (a)(1), before clause (A), the words ``in any manner''
are omitted as surplus. The word ``conditions'' is omitted as included
in ``terms''. In clauses (A) and (B), the word ``rule'' is omitted as
being synonymous with ``regulation''. In clause (A), the word ``begun''
is substituted for ``instituted or caused to be instituted'' for
consistency in the revised title and to eliminate unnecessary words. In
clause (B), the words before subclause (i) are substituted for ``for
refusing to operate a vehicle when'' and ``or because of'' for clarity
and consistency. In subclause (ii), the words ``vehicle's unsafe
condition'' are substituted for ``unsafe condition of such equipment''
for consistency.
Subsection (a)(2) is substituted for 49 App.:2305(b) (2d, last
sentences) for clarity and to eliminate unnecessary words.
In subsection (b)(1), the words ``alleging such discharge,
discipline, or discrimination'' are omitted as surplus.
In subsection (b)(2)(B), the words ``Not later than 30 days after
the notice under subparagraph (A) of this paragraph'' are substituted
for ``Thereafter'' and ``within thirty days'' for clarity.
In subsection (b)(2)(C), the words ``Before the final order is
issued'' are substituted for ``In the interim'' for clarity.
Subsection (b)(3)(A) is substituted for 49 App.:2305(c)(2)(B) (1st
sentence) for clarity and to eliminate unnecessary words. In clause
(ii), the word ``conditions'' is omitted as included in ``terms''. The
provision for back pay is moved from clause (ii) to clause (iii) for
clarity.
In subsection (b)(3)(B), the words ``a sum equal to the aggregate
amount of all'' and ``and expenses'' are omitted as surplus. The words
``in bringing the complaint'' are substituted for ``for, or in
connection with, the bringing of the complaint upon which the order was
issued'' to eliminate unnecessary words.
In subsection (c), the words ``or aggrieved'' and ``with respect to
which the order was issued, allegedly'' are omitted as surplus. The
words ``in accordance with the provisions of chapter 7 of title 5 and''
are omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (d), the text of 49 App.:2305(e) (last sentence) is
omitted as unnecessary.
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