Toxic Substances Control Act

TSCA

Toxic Substances Control Act of 1976 (TSCA)
Public Law 94-469, October 11, 1976
15 USC Section 2622
§2622. Employee protection
(a) In general. No employer may discharge any employee or otherwise discriminate against any
employee with respect to the employee's compensation, terms, conditions, or privileges of
employment because the employee (or any person acting pursuant to a request of the
employee) has(1) commenced, caused to be commenced, or is about to commence or cause to be
commenced a proceeding under this Act;
(2) testified or is about to testify in any such proceeding; or
(3) assisted or participated or is about to assist or participate in any manner in such a
proceeding or in any other action to carry out the purposes of this Act.
(b) Remedy.
(1) Any employee who believes that the employee has been discharged or otherwise
discriminated against by any person in violation of subsection (a) of this section may,
within 30 days after such alleged violation occurs, file (or have any person file on the
employee's behalf) a complaint with the Secretary of Labor (hereinafter in this section
referred to as the “Secretary”) alleging such discharge or discrimination. Upon receipt of
such a complaint, the Secretary shall notify the person named in the complaint of the
filing of the complaint.
(2) (A) Upon receipt of a complaint filed under paragraph (1), the Secretary shall conduct an
investigation of the violation alleged in the complaint. Within 30 days of the receipt
of such complaint, the Secretary shall complete such investigation and shall notify in
writing the complainant (and any person acting on behalf of the complainant) and the
person alleged to have committed such violation of the results of the investigation
conducted pursuant to this paragraph. Within ninety days of the receipt of such
complaint the Secretary shall, unless the proceeding on the complaint is terminated
by the Secretary on the basis of a settlement entered into by the Secretary and the
person alleged to have committed such violation, issue an order either providing the
relief prescribed by subparagraph (B) or denying the complaint. An order of the
Secretary shall be made on the record after notice and opportunity for agency hearing.
The Secretary may not enter into a settlement terminating a proceeding on a
complaint without the participation and consent of the complainant.
(B) If in response to a complaint filed under paragraph (1) the Secretary determines that a
violation of subsection (a) of this section has occurred, the Secretary shall order
(i) the person who committed such violation to take affirmative action to abate the

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violation,
(ii) such person to reinstate the complainant to the complainant's former position
together with the compensation (including back pay), terms, conditions, and
privileges of the complainant's employment,

(iii)

compensatory damages, and

(iv) where appropriate, exemplary damages. If such an order issued, the Secretary, at
the request of the complainant, shall assess against the person against whom the
order is issued a sum equal to the aggregate amount of all costs and expenses
(including attorney's fees) reasonably incurred, as determined by the Secretary, by
the complainant for, or in connection with, the bringing of the complaint upon
which the order was issued.
(c) Review.
(1) Any employee or employer adversely affected or aggrieved by an order issued under
subsection (b) may obtain review of the order in the United States Court of Appeals for
the circuit in which the violation, with respect to which the order was issued. allegedly
occurred. The petition for review must be filed within sixty days from the issuance of the
Secretary's order. Review shall conform to chapter 7 of title 5 of the United States Code
[5 USCS §701 et seq.].
(2) An order of the Secretary, with respect to which review could have been obtained under
paragraph (1), shall not be subject to judicial review in any criminal or other civil
proceeding.
(d) Enforcement. Whenever a person has failed to comply with an order issued under subsection
(b)(2), the Secretary shall file a civil action in the United States district court for the district
in which the violation was found to occur to enforce such order. In actions brought under
this subsection, the district courts shall have jurisdiction to grant all appropriate relief,
including injunctive relief and compensatory and exemplary damages. Civil actions brought
under this subsection shall be heard and decided expeditiously.
(e) Exclusion. Subsection (a) of this section shall not apply with respect to any employee who,
acting without direction from the employee's employer (or any agent of the employer),
deliberately causes a violation of any requirement of this Act.

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