Surface Transportation Assistance Act

Surface Transportation Assistance Act (STAA)
49 U.S.C. §31105

§31105 Employee protections.
(a) Prohibitions. - (1) A person may not discharge an employee, or discipline or discriminate against an employee
regarding pay, terms, or privileges of employment, because (A)(i) the employee, or another person at the employee's request, has filed a complaint or begun a proceeding
related to a violation of a commercial motor vehicle safety or security regulation, standard, or order, or has
testified or will testify in such a proceeding; or
(ii) the person perceives that the employee has filed or is about to file a complaint or has begun or is about to
begin a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or
order;
(B) the employee refuses to operate a vehicle because (i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle
safety, health, or security; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the
vehicle's hazardous safety or security condition;
(C) the employee accurately reports hours on duty pursuant to chapter 315;
(D) the employee cooperates, or the person perceives that the employee is about to cooperate, with a safety or
security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National
Transportation Safety Board; or
(E) the employee furnishes, or the person perceives that the employee is or is about to furnish, information to the
Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or
any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or
incident resulting in injury or death to an individual or damage to property occurring in connection with
commercial motor vehicle transportation.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee's apprehension of serious injury is reasonable only
if a reasonable individual in the circumstances then confronting the employee would conclude that the hazardous
safety or security condition establishes a real danger of accident, injury, or serious impairment to health. To
qualify for protection, the employee must have sought from the employer, and been unable to obtain, correction
of the hazardous safety or security condition.
(b) Filing Complaints and Procedures. - (1) An employee alleging discharge, discipline, or discrimination in
violation of subsection (a) of this section, or another person at the employee's request, may file a complaint with
the Secretary of Labor not later than 180 days after the alleged violation occurred. All complaints initiated under
this section shall be governed by the legal burdens of proof set forth in section 42121(b). On receiving the
complaint, the Secretary of Labor shall notify, in writing, the person alleged to have committed the violation of
the filing of the complaint.
(2)(A) Not later than 60 days after receiving a complaint, the Secretary of Labor shall conduct an investigation,
decide whether it is reasonable to believe the complaint has merit, and notify, in writing, the complainant and the
person alleged to have committed the violation of the findings. If the Secretary of Labor decides it is reasonable
to believe a violation occurred, the Secretary of Labor shall include with the decision findings and a preliminary
order for the relief provided under paragraph (3) of this subsection.

(B) Not later than 30 days after the notice under subparagraph (A) of this paragraph, the complainant and the
person alleged to have committed the violation may file objections to the findings or preliminary order, or both,
and request a hearing on the record. The filing of objections does not stay a reinstatement ordered in the
preliminary order. If a hearing is not requested within the 30 days, the preliminary order is final and not subject
to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days after the end of the hearing, the
Secretary of Labor shall issue a final order. Before the final order is issued, the proceeding may be ended by a
settlement agreement made by the Secretary of Labor, the complainant, and the person alleged to have
committed the violation.
(3)(A) If the Secretary of Labor decides, on the basis of a complaint, a person violated subsection (a) of this
section, the Secretary of Labor shall order the person to (i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the same pay and terms and privileges of employment;
and
(iii) pay compensatory damages, including backpay with interest and compensation for any special damages
sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney
fees.
(B) If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant
requests, the Secretary of Labor may assess against the person against whom the order is issued the costs
(including attorney fees) reasonably incurred by the complainant in bringing the complaint. The Secretary of
Labor shall determine the costs that reasonably were incurred.
(C) Relief in any action under subsection (b) may include punitive damages in an amount not to exceed
$250,000.
(c) DE NOVO REVIEW. - With respect to a complaint under paragraph (1), if the Secretary of Labor has not
issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith
of the employee, the employee may bring an original action at law or equity for de novo review in the
appropriate district court of the United States, which shall have jurisdiction over such an action without regard to
the amount in controversy, and which action shall, at the request of either party to such action, be tried by the
court with a jury.
(d) JUDICIAL REVIEW AND VENUE. - A person adversely affected by an order issued after a hearing under
subsection (b) of this section may file a petition for review, not later than 60 days after the order is issued, in the
court of appeals of the United States for the circuit in which the violation occurred or the person resided on the
date of the violation. Review shall conform to chapter 7 of title 5. The review shall be heard and decided
expeditiously. An order of the Secretary of Labor subject to review under this subsection is not subject to judicial
review in a criminal or other civil proceeding.
(e) CIVIL ACTIONS TO ENFORCE. - If a person fails to comply with an order issued under subsection (b) of
this section, the Secretary of Labor shall bring a civil action to enforce the order in the district court of the United
States for the judicial district in which the violation occurred.
(f) NO PREEMPTION. - Nothing in this section preempts or diminishes any other safeguards against
discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner
of discrimination provided by Federal or State law.
(g) RIGHTS RETAINED BY EMPLOYEE. - Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any Federal or State law or under any collective bargaining
agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or
condition of employment.
(h) DISCLOSURE OF IDENTITY. -

(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the
Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee
who has provided information about an alleged violation of this part, or a regulation prescribed or order issued
under any of those provisions.
(2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney
General for enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the
affected employee if disclosure of that person’s identity or identifying information is to occur.
(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE DEPARTMENT OF HOMELAND
SECURITY. (1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through
regulations, after an opportunity for notice and comment, a process by which any person may report to the
Secretary of Homeland Security regarding motor carrier vehicle security problems, deficiencies, or
vulnerabilities.
(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted under paragraph (1) identifies the person
making the report, the Secretary of Homeland Security shall respond promptly to such person and acknowledge
receipt of the report.
(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the
information provided in any report submitted under paragraph (1) and shall take appropriate steps to address any
problems or deficiencies identified.
(j) DEFINITION.—In this section, 'employee' means a driver of a commercial motor vehicle (including an
independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or
an individual not an employer, who (1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial
motor carrier; and
(2) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the
course of employment.