Comprehensive Environmental Response, Compensation and Liability Act

CERCLA

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
Public Law 96-510, Dec.11, 1980
42 USC Section 9610

TITLE I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY COMPENSATION
§9610. Employee protection
(a) Activities of employee subject to protection. 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 provided information to a State or to the Federal Government, filed, instituted,
or caused to be filed or instituted any proceeding under this Act, or has testified or is about to
testify in any proceeding resulting from the administration or enforcement of the provisions of
this Act.
(b) Administrative grievance procedure in cases of alleged violations. Any employee or a
representative of employees who believes 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, 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 are subject to judicial
review under this Act.
(c) Assessment of costs and expenses against violator subsequent to issuance of order of
abatement. 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) 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.

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(d) Defenses. This section shall have no application to any employee who acting without
discretion from his employer (or his agent) deliberately violates any requirement of this Act.
(e) Presidential evaluations of potential loss of shifts of employment resulting from
administration or enforcement of provisions; investigations; procedures applicable, etc. The
President shall conduct continuing evaluations of potential loss of shifts of employment which
may result from the administration or enforcement of the provisions of this Act, including, where
appropriate, investigating threatened plant closures or reductions in employment allegedly
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 President to conduct a full investigation of the matter and, at the
request of any party, shall hold public 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 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, United States Code. Upon receiving the report of such
investigation, the President 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 President or any State to modify or withdraw any action, standard,
limitation, or any other requirement of this Act.

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