Solid Waste Disposal Act of 1976 (Public law 94-580)

SWDA

Solid Waste Disposal Act of 1976 (SWDA)
Public Law 94-580, Oct. 21, 1976
42 USC Section 7001
Sec. 7001.
(a) GENERAL. - No person shall fire, or in any other way discriminate against, or cause to be
fired or discriminated against, any employee or any authorized representative of employees by
reason of the fact that such employee or representative has filed, instituted, or caused to be filed
or instituted any proceeding under this Act or under any applicable implementation plan, or has
testified or is about to testify in any proceeding resulting from the administration or enforcement
of the provisions of this Act or of any applicable implementation plan.
(b) REMEDY. - Any employee or a representative of employees, who believe that he has been
fired or otherwise discriminated against by any person in violation of subsection (a) of this
section may, within thirty days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy of the application shall be
sent to such person who shall be the respondent. Upon receipt of such application, the Secretary
of Labor shall cause such investigation to be made as he deems appropriate. Such investigation
shall provide an opportunity for a public hearing at the request of any party to such review to
enable the parties to present information relating to such alleged violation. The parties shall be
given written notice of the time and place of the hearing at least five days prior to the hearing.
Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United
States Code. Upon receiving the report of such investigation, the Secretary of Labor shall make
findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating
an order therein and his findings, requiring the party committing such violation to take such
affirmative action to abate the violation as the Secretary of Labor deems appropriate, including,
but not limited to, the rehiring or reinstatement of the employee or representative of employees
to his former position with compensation. If he finds that there was no such violation, he shall
issue an order denying the application. Such order issued by the Secretary of Labor under this
subparagraph shall be subject to judicial review in the same manner as orders and decisions of
the Administrator or subject to judicial review under this Act.
(c) COSTS. - Whenever an order is issued under this section to abate such violation, at the
request of the applicant, a sum equal to the aggregate amount of all costs and expenses
(including the attorney's fees) as determined by the Secretary of Labor, to have been reasonably
incurred by the applicant for, or in connection with, the institution and prosecution of such,
proceedings, shall be assessed against the person committing such violation.
(d) EXCEPTION. - This section shall have no application to any employee who, acting without
direction from his employer (or his agent), deliberately violates any requirement of this Act.
(e) EMPLOYMENT SHIFTS AND LOSS. - The Administrator shall conduct continuing
evaluations of potential loss or shifts of employment which may result from the administration or
enforcement of the provisions of this Act and applicable implementation plans, including, where
appropriate, investigating threatened plant closures or reductions in employment allegedly

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resulting from such administration or enforcement. Any employee who is discharged, or laid off,
threatened with discharge or layoff, or otherwise discriminated against by any person because of
the alleged results of such administration or enforcement, or any representative of such
employee, may request the Administrator to conduct a full investigation of the matter. The
Administrator shall thereupon investigate the matter and, at the request of any party, shall hold
public hearings on not less than five days’ notice, and shall at such hearings require the parties,
including the employer involved, to present information relating to the actual or potential effect
of such administration or enforcement on employment and on any alleged discharge, layoff, or
other discrimination and the detailed reasons or justification therefore. Any such hearing shall
be of record and shall be subject to section 554 of title 5 of the United States Code. Upon
receiving the report of such investigation, the Administrator shall make findings of fact as to the
effect of such administration or enforcement on employment and on the alleged discharge,
layoff, or discrimination and shall make such recommendations as he deems appropriate. Such
report, findings, and recommendations shall be available to the public. Nothing in this
subsection shall be construed to require or authorize the Administrator or any State to modify or
withdraw any standard, limitation, or any other requirement of this Act or any applicable
implementation plan.

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