U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 12Chapter 53Subchapter VPart E
§ 5567.
Employee protection
(a)
In general
No covered person or service provider shall terminate or in any other way discriminate against, or cause to be terminated or discriminated against, any covered employee or any authorized representative of covered employees by reason of the fact that such employee or representative, whether at the initiative of the employee or in the ordinary course of the duties of the employee (or any person acting pursuant to a request of the employee), has—
(1)
provided, caused to be provided, or is about to provide or cause to be provided, information to the employer, the Bureau, or any other State, local, or Federal, government authority or law enforcement agency relating to any violation of, or any act or omission that the employee reasonably believes to be a violation of, any provision of this title 1
1
 See References in Text note below.
or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau;
(2)
testified or will testify in any proceeding resulting from the administration or enforcement of any provision of this title 1 or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau;
(3)
filed, instituted, or caused to be filed or instituted any proceeding under any Federal consumer financial law; or
(4)
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 law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Bureau.
(b)
Definition of covered employee
(c)
Procedures and timetables
(1)
Complaint
(A)
In general
(B)
Actions of Secretary of Labor
Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person named in the complaint who is alleged to have committed the violation, of—
(i)
the filing of the complaint;
(ii)
the allegations contained in the complaint;
(iii)
the substance of evidence supporting the complaint; and
(iv)
opportunities that will be afforded to such person under paragraph (2).
(2)
Investigation by Secretary of Labor
(A)
In general
Not later than 60 days after the date of receipt of a complaint filed under paragraph (1), and after affording the complainant and the person named in the complaint who is alleged to have committed the violation that is the basis for the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary of Labor to present statements from witnesses, the Secretary of Labor shall—
(i)
initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit; and
(ii)
notify the complainant and the person alleged to have committed the violation of subsection (a), in writing, of such determination.
(B)
Notice of relief available
(C)
Request for hearing
(3)
Grounds for determination of complaints
(A)
In general
(B)
Rebuttal evidence
(C)
Evidentiary standards
(4)
Issuance of final orders; review procedures
(A)
Timing
(B)
Penalties
(i)
Order of Secretary of Labor
If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person who committed such violation—
(I)
to take affirmative action to abate the violation;
(II)
to reinstate the complainant to his or her former position, together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
(III)
to provide compensatory damages to the complainant.
(ii)
Penalty
(C)
Penalty for frivolous claims
(D)
De novo review
(i)
Failure of the Secretary to act
(ii)
Procedures
A proceeding under clause (i) shall be governed by the same legal burdens of proof specified in paragraph (3). The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including—
(I)
reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;
(II)
the amount of back pay, with interest; and
(III)
compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(E)
Other appeals
(5)
Failure to comply with order
(A)
Actions by the Secretary
(B)
Civil actions to compel compliance
(C)
Award of costs authorized
(D)
Mandamus proceedings
(d)
Unenforceability of certain agreements
(1)
No waiver of rights and remedies
(2)
No predispute arbitration agreements
(3)
Exception
(Pub. L. 111–203, title X, § 1057, July 21, 2010, 124 Stat. 2031.)
cite as: 12 USC 5567
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