42 U.s.c. 6971 (swda)

Solid Waste Disposal Act (SWDA)
42 U.S.C. §6971

§ 6971. Employee Protection.
(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 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.