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Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

X X X Xa

X

Department of Labor Occupational Safety and Health Act of 1970

X X X X X

Securities and Exchange Commission

Sarbanes-Oxley Act of 2002 X X X Xc

X Source: GAO analysis of relevant statutes and regulations.

a

Attorney fees may be included in the complainant’s remedy. Costs and expenses are limited to those “reasonably incurred.”

b

Punitive damages are limited to $250,000.

c

In addition to the 17 statutes administered by OSHA, Labor has other statutes with anti-retaliation provisions administered by other Labor agencies. Agencies such as the Mine Safety and Health Administration and Veterans’ Employment and Training Services are responsible for

investigating anti-retaliation allegations that are protected by these

statutes. Table 16 shows the non-OSHA agencies, the relevant statutes and regulations, and some of the protected activities under these statutes and regulations.

Table 16: Labor Agencies With Anti-Retaliation Provisions

Statutes and

regulations Protected activities Mine Safety and Health Administration

Federal Mine Safety and Health Act of 1977 30 U.S.C. §815(c); 29 C.F.R. Part 2700 Subpart E

Filing a complaint, being the subject of medical evaluations and potential transfer, instituting a proceeding related to this act, testifying in such a proceeding, exercising a statutory right. Veterans’ Employment and Training Services

Uniformed Services Employment and Reemployment Rights Act of 1994

38 U.S.C. §§4311(b), 4323, and 4324; 5 C.F.R. Part 353; 20 C.F.R. Part 1002

Taking an action to enforce a protection afforded, testifying in a proceeding, assisting/participating in an investigation, exercising a right.

Employee Benefits Security Administration

Employee Retirement Income Security Act of 1974 29 U.S.C. §1140 Exercising any right to which he or she is entitled, attaining any such right, giving information/testifying in a proceeding. Employment and Training Administration

National Apprenticeship Act 29 U.S.C. §50; 29 C.F.R.

§§30.16 and 30.17

Making a complaint,

testifying/assisting/participating in an investigation/proceeding.

Workforce Investment Act of 1998 29 U.S.C. §2934(f) Filing a complaint, instituting a proceeding related to this title, testifying in such a proceeding.

Employment Standards Administration

Wage and Hour Division

Fair Labor Standards Act of 1938 29 U.S.C. §215(a)(3) Filing any complaint, instituting any proceeding related to this act, testifying in any such proceeding, serving on an industry committee. Family and Medical Leave Act of 1993 29 U.S.C. §2615; 29

C.F.R. Part 825.220

Filing any charge or instituting any proceeding related to this title, giving information in connection with an inquiry or proceeding, testifying in any inquiry or proceeding.

Statutes and

regulations Protected activities Migrant and Seasonal Agricultural Worker

Protection Act

29 U.S.C. §1855; 29 C.F.R. §500.9

Filing a complaint, instituting a proceeding related to this act, testifying in such proceedings, exercising any right/protection afforded by this act.

Employee Polygraph Protection Act of 1988 29 U.S.C. §2002(4); 29 C.F.R. §§801.4 and 801.7

Filing a complaint or instituting a proceeding related to this act, testifying in any such pro- ceeding, exercising a right afforded by this Act.

Immigration and Nationality Act 8 U.S.C. §

1182(n)(2)(C)(iv) and (v); 20 C.F.R. §655.801; 29 C.F.R. §501.3

Disclosing information that evidences a violation, cooperating in an investigation or other proceeding, filing a complaint, instituting proceedings, testifying in a proceeding, exercising a right afforded, consulting with an attorney.

Office of Federal Contract Compliance Programs

Executive Order 11246 Executive Order 11246;

41 C.F.R. §60-1.32; 41 C.F.R. Part 60-30

Filing a complaint, assisting/participating in an investigation/hearing, opposing an unlawful act/practice, exercising a right protected by the order.

Vietnam Era Veterans’ Readjustment Assistance Act of 1972

38 U.S.C. §4212; 41 C.F.R. §§60-250.65 and 60-250.69

Filing a complaint, assisting/participating in an investigation/hearing, opposing an unlawful act/practice, exercising a right protected by the act.

§ 503 of the Rehabilitation Act of 1973 29 U.S.C. §793; 41 C.F.R. §§60-741.65 and 60-741.69

Filing a complaint, assisting/participating in an investigation/hearing, opposing an unlawful act/practice, exercising a right protected by the act.

Office of Workers’ Compensation Programs

Longshore and Harbor Workers’ Compensation Act 33 U.S.C. §948a; 20 C.F.R. Part 802; 29 C.F.R. Part 18

Claiming compensation, testifying in a proceeding.

Office of the Assistant Secretary for Administration and Management § 504 of the Rehabilitation Act of 1973 29 U.S.C. §794; 29

C.F.R. §§32.45(g), 32.47, and 31.9 – 31.11

Filing a complaint, furnishing information, assisting/participating in an

investigation/hearing or other activities related to the administration of the act.

Title VI of the Civil Rights Act of 1964 42 U.S.C. §2000(d); 29 C.F.R. §§31.7(e) and 31.9 – 31.11

Making a complaint, testifying/ assisting/participating in an investigation/proceeding. § 119 of the Rehabilitation, Comprehensive Services,

and Developmental Disabilities Amendments of 1978 (amending Rehabilitation Act §504)

29 U.S.C. §794; 29 C.F.R. §§33.12 and 33.13

Filing a complaint, furnishing information, assisting/participating in an

investigation/hearing or other activities related to the administration of §504 and the

regulations in this part. Age Discrimination Act of 1975 42 U.S.C. §6101; 29

C.F.R. §§35.35, 35.37, and 31.9 – 31.11

Asserting a right protected by the act or this part, cooperating in an investigation/hearing.

Statutes and

regulations Protected activities Title IX of the Education Amendments of 1972 20 U.S.C. §1681; 29

C.F.R. §§31.7, 36.605, and 31.9 – 31.11

Making a complaint,

testifying/assisting/participating in an investigation/proceeding.

Workforce Investment Act of 1998 29 U.S.C. §2801; 29 C.F.R. §§37.11, 37.111, and 37.60 et seq. Subpart D.

Filing a complaint, opposing a prohibited practice, assisting in an investigation/hearing.

George Scott, Director (202) 512-7215 or [email protected]

Dianne Blank, Assistant Director Richard Harada, Analyst-in-Charge