21 USC 399d - Employee protections

U.S Code last checked for updates: May 17, 2024

§ 399d.

Employee protections

(a)

In general

No entity engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether at the employee’s initiative or in the ordinary course of the employee’s duties (or any person acting pursuant to a request of the employee)—

(1)

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 chapter or any order, rule, regulation, standard, or ban under this chapter, or any order, rule, regulation, standard, or ban under this chapter; 1

 So in original.

(2)

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

(3)

assisted or participated or is about to assist or participate in such a proceeding; 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 provision of this chapter, or any order, rule, regulation, standard, or ban under this chapter.

(b)

Process

(1)

In general

(2)

Investigation

(A)

In general

(B)

Reasonable cause found; preliminary order

(C)

Dismissal of complaint

(i)

Standard for complainant

(ii)

Standard for employer

(iii)

Violation standard

(iv)

Relief standard

(3)

Final order

(A)

In general

(B)

Content of order

If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary 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.

(C)

Penalty

(D)

Bad faith claim

(4)

Action in court

(A)

In general

(B)

Relief

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’s fees.

(5)

Review

(A)

In general

(B)

No judicial review

(6)

Failure to comply with order

(7)

Civil action to require compliance

(A)

In general

(B)

Award

(c)

Effect of section

(1)

Other laws

(2)

Rights of employees

(d)

Enforcement

(e)

Limitation

(June 25, 1938, ch. 675, § 1013, formerly § 1012, as added Pub. L. 111–353, title IV, § 402, Jan. 4, 2011, 124 Stat. 3968; renumbered § 1013, Pub. L. 114–255, div. A, title III, § 3073(b)(1),

cite as: 21 USC 399d