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Content Last Revised: 8/10/2007 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes |
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| Complaints, Investigations, Issuance of Findings |
29 CFR 24.102 - Obligations and prohibited acts.
- Section Number: 24.102
- Section Name: Obligations and prohibited acts.
(a) No employer subject to the provisions of any of the statutes
listed in Sec. 24.100(a), or to the Atomic Energy Act of 1954 (AEA),
42 U.S.C. 2011 et seq., may discharge or otherwise retaliate against
any employee with respect to the employee's compensation, terms,
conditions, or privileges of employment because the employee, or any
person acting pursuant to the employee's request, engaged in any of the
activities specified in this section.
(b) It is a violation for any employer to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
retaliate against any employee because the employee has:
(1) Commenced or caused to be commenced, or is about to commence or
cause to be commenced, a proceeding under one of the statutes listed in
Sec. 24.100(a) or a proceeding for the administration or enforcement
of any requirement imposed under such statute;
(2) Testified or is about to testify in any such proceeding; or
(3) Assisted or participated, or is about to assist or participate,
in any manner in such a proceeding or in any other action to carry out
the purposes of such statute.
(c) Under the Energy Reorganization Act, and by interpretation of
the Secretary under any of the other statutes listed in Sec.
24.100(a), it is a violation for any employer to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
retaliate against any employee because the employee has:
(1) Notified the employer of an alleged violation of such statute
or the AEA of 1954;
(2) Refused to engage in any practice made unlawful by such statute
or the AEA of 1954, if the employee has identified the alleged
illegality to the employer; or
(3) Testified or is about to testify before Congress or at any
federal or state proceeding regarding any provision (or proposed
provision) of such statute or the AEA of 1954.
(d)(1) Every employer subject to the Energy Reorganization Act of
1974, as amended, shall prominently post and keep posted in any place
of employment to which the employee protection provisions of the Act
apply, a fully legible copy of the notice prepared by OSHA, printed as
appendix A to this part, or a notice approved by the Assistant
Secretary that contains substantially the same provisions and explains
the employee protection provisions of the Act and the regulations in
this part. Copies of the notice prepared by OSHA may be obtained from
the Assistant Secretary for Occupational Safety and Health, U.S.
Department of Labor, Washington, DC 20210, from local OSHA offices, or
from OSHA's Web site at http://www.osha.gov.
(2) Where the notice required by paragraph (d)(1) of this section
has not been posted, the requirement in Sec. 24.103(d)(2) that a
complaint be filed with the Assistant Secretary within 180 days of an
alleged violation will be inoperative, unless the respondent
establishes that the complainant had knowledge of the material
provisions of the notice. If it is established that the notice was
posted at the employee's place of employment after the alleged
retaliatory action occurred or that the complainant later obtained
knowledge of the provisions of the notice, the 180 days will ordinarily
run from whichever of those dates is relevant.
(e) This part shall have no application to any employee who, acting
without direction from his or her employer (or the employer's agent),
deliberately causes a violation of any requirement of any of the
statutes listed in Sec. 24.100(a) or the AEA of 1954.
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