(a) No employer subject to the provisions of any of the Federal
statutes listed in Sec. 24.1(a), or to the Atomic Energy Act of 1954
(AEA), 42 U.S.C. 2011 et seq., may discharge any employee or otherwise
discriminate 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) Any employer is deemed to have violated the particular federal
law and the regulations in this part if such employer intimidates,
threatens, restrains, coerces, blacklists, discharges, or in any other
manner discriminates 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 Federal statutes
listed in Sec. 24.1(a) or a proceeding for the administration or
enforcement of any requirement imposed under such Federal 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 Federal statute.
(c) Under the Energy Reorganization Act, and by interpretation of
the Secretary under any of the other statutes listed in Sec. 24.1(a),
any employer is deemed to have violated the particular federal law and
these regulations if such employer intimidates, threatens, restrains,
coerces, blacklists, discharges, or in any other manner discriminates
against any employee because the employee has:
(1) Notified the employer of an alleged violation of such Federal
statute or the AEA of 1954;
(2) Refused to engage in any practice made unlawful by such Federal
statute or the AEA of 1954, if the employee has identified the alleged
illegality to the employer; or
(3) Testified before Congress or at any Federal or State proceeding
regarding any provision (or proposed provision) of such Federal 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 the Occupational
Safety and Health Administration, printed as appendix A to this part,
or a notice approved by the Assistant Secretary for Occupational Safety
and Health 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 DOL may be obtained from
the Assistant Secretary for Occupational Safety and Health, Washington,
D.C. 20210, from local offices of the Occupational Safety and Health
Administration, or from the Department of Labor's Website 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. 24.3(b)(2) that a
complaint be filed with the Assistant Secretary within 180 days of an
alleged violation shall be inoperative unless the respondent
establishes that the complainant had notice 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 discriminatory action
occurred or that
the complainant later obtained actual notice, the 180 days shall
ordinarily run from that date.
