---
kind: "section"
citation: "12 U.S.C. § 5567"
title: "12"
title_heading: "Banks and Banking"
number: "5567"
heading: "Employee protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5567"
units:
  - "Chapter 53 — Wall Street Reform and Consumer Protection"
  - "Subchapter V — Bureau of Consumer Financial Protection"
  - "Part E — Enforcement Powers"
---

# §5567. Employee protection

- (a) **In general—** No [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) shall terminate or in any other way discriminate against, or cause to be terminated or discriminated against, any covered employee or any authorized representative of covered employees by reason of the fact that such employee or representative, whether at the initiative of the employee or in the ordinary course of the duties of the employee (or any [person](/usc/12/5481.md?p=19) acting pursuant to a request of the employee), has—
  - (1) provided, caused to be provided, or is about to provide or cause to be provided, information to the employer, the [Bureau](/usc/12/5301.md?p=4), or any other [State](/usc/12/5301.md?p=16), local, or Federal, government authority or law enforcement agency relating to any [violation](/usc/12/5561.md?p=5) of, or any act or omission that the employee reasonably believes to be a [violation](/usc/12/5561.md?p=5) of, any provision of this title[^1] or any other provision of law that is subject to the jurisdiction of the [Bureau](/usc/12/5301.md?p=4), or any rule, order, standard, or prohibition prescribed by the [Bureau](/usc/12/5301.md?p=4);
  - (2) testified or will testify in any proceeding resulting from the administration or enforcement of any provision of this title[^1] or any other provision of law that is subject to the jurisdiction of the [Bureau](/usc/12/5301.md?p=4), or any rule, order, standard, or prohibition prescribed by the [Bureau](/usc/12/5301.md?p=4);
  - (3) filed, instituted, or caused to be filed or instituted any proceeding under any [Federal consumer financial law](/usc/12/5481.md?p=14); or
  - (4) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such [person](/usc/12/5481.md?p=19)) reasonably believed to be in [violation](/usc/12/5561.md?p=5) of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the [Bureau](/usc/12/5301.md?p=4).
- (b) **Definition of covered employee—** For the purposes of this section, the term “covered employee” means any individual performing tasks related to the offering or provision of a [consumer financial product or service](/usc/12/5481.md?p=5).
- (c) **Procedures and timetables—**
  - (1) **Complaint—**
    - (A) **In general—** A [person](/usc/12/5481.md?p=19) who believes that he or she has been discharged or otherwise discriminated against by any [person](/usc/12/5481.md?p=19) in [violation](/usc/12/5561.md?p=5) of [subsection (a)](#a) may, not later than 180 days after the date on which such alleged [violation](/usc/12/5561.md?p=5) occurs, file (or have any [person](/usc/12/5481.md?p=19) file on his or her behalf) a complaint with the [Secretary](/usc/12/5301.md?p=14) of Labor alleging such discharge or discrimination and identifying the [person](/usc/12/5481.md?p=19) responsible for such act.
    - (B) **Actions of Secretary of Labor—** Upon receipt of such a complaint, the [Secretary](/usc/12/5301.md?p=14) of Labor shall notify, in writing, the [person](/usc/12/5481.md?p=19) named in the complaint who is alleged to have committed the [violation](/usc/12/5561.md?p=5), of—
      - (i) the filing of the complaint;
      - (ii) the allegations contained in the complaint;
      - (iii) the substance of evidence supporting the complaint; and
      - (iv) opportunities that will be afforded to such [person](/usc/12/5481.md?p=19) under [paragraph (2)](#c-2).
  - (2) **Investigation by Secretary of Labor—**
    - (A) **In general—** Not later than 60 days after the date of receipt of a complaint filed under [paragraph (1)](#c-1), and after affording the complainant and the [person](/usc/12/5481.md?p=19) named in the complaint who is alleged to have committed the [violation](/usc/12/5561.md?p=5) that is the basis for the complaint an opportunity to submit to the [Secretary](/usc/12/5301.md?p=14) of Labor a written response to the complaint and an opportunity to meet with a representative of the [Secretary](/usc/12/5301.md?p=14) of Labor to present statements from witnesses, the [Secretary](/usc/12/5301.md?p=14) of Labor shall—
      - (i) initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit; and
      - (ii) notify the complainant and the [person](/usc/12/5481.md?p=19) alleged to have committed the [violation](/usc/12/5561.md?p=5) of [subsection (a)](#a), in writing, of such determination.
    - (B) **Notice of relief available—** If the [Secretary](/usc/12/5301.md?p=14) of Labor concludes that there is reasonable cause to believe that a [violation](/usc/12/5561.md?p=5) of [subsection (a)](#a) has occurred, the [Secretary](/usc/12/5301.md?p=14) of Labor shall, together with the notice under [subparagraph (A)(ii)](#c-2-A-ii), issue a preliminary order providing the relief prescribed by [paragraph (4)(B)](#c-4-B).
    - (C) **Request for hearing—** Not later than 30 days after the date of receipt of notification of a determination of the [Secretary](/usc/12/5301.md?p=14) of Labor under this paragraph, either the [person](/usc/12/5481.md?p=19) alleged to have committed the [violation](/usc/12/5561.md?p=5) or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously, and if a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.
  - (3) **Grounds for determination of complaints—**
    - (A) **In general—** The [Secretary](/usc/12/5301.md?p=14) of Labor shall dismiss a complaint filed under this subsection, and shall not conduct an investigation otherwise required under [paragraph (2)](#c-2), unless the complainant makes a prima facie showing that any behavior described in paragraphs [(1)](#a-1) through [(4)](#a-4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
    - (B) **Rebuttal evidence—** Notwithstanding a finding by the [Secretary](/usc/12/5301.md?p=14) of Labor that the complainant has made the showing required under [subparagraph (A)](#c-3-A), no investigation otherwise required under [paragraph (2)](#c-2) shall be conducted, if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
    - (C) **Evidentiary standards—** The [Secretary](/usc/12/5301.md?p=14) of Labor may determine that a [violation](/usc/12/5561.md?p=5) of [subsection (a)](#a) has occurred only if the complainant demonstrates that any behavior described in paragraphs [(1)](#a-1) through [(4)](#a-4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. Relief may not be ordered under [subparagraph (A)](#c-3-A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
  - (4) **Issuance of final orders; review procedures—**
    - (A) **Timing—** Not later than 120 days after the date of conclusion of any hearing under [paragraph (2)](#c-2), the [Secretary](/usc/12/5301.md?p=14) of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the [Secretary](/usc/12/5301.md?p=14) of Labor, the complainant, and the [person](/usc/12/5481.md?p=19) alleged to have committed the [violation](/usc/12/5561.md?p=5).
    - (B) **Penalties—**
      - (i) **Order of Secretary of Labor—** If, in response to a complaint filed under [paragraph (1)](#c-1), the [Secretary](/usc/12/5301.md?p=14) of Labor determines that a [violation](/usc/12/5561.md?p=5) of [subsection (a)](#a) has occurred, the [Secretary](/usc/12/5301.md?p=14) of Labor shall order the [person](/usc/12/5481.md?p=19) who committed such [violation](/usc/12/5561.md?p=5)—
        - (I) to take affirmative action to abate the [violation](/usc/12/5561.md?p=5);
        - (II) to reinstate the complainant to his or her former position, together with compensation ([including](/usc/12/5301.md?p=18-A) back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
        - (III) to provide compensatory damages to the complainant.
      - (ii) **Penalty—** If an order is issued under [clause (i)](#c-4-B-i), the [Secretary](/usc/12/5301.md?p=14) of Labor, at the request of the complainant, shall assess against the [person](/usc/12/5481.md?p=19) against whom the order is issued, a sum equal to the aggregate amount of all costs and expenses ([including](/usc/12/5301.md?p=18-A) attorney fees and expert witness fees) reasonably incurred, as determined by the [Secretary](/usc/12/5301.md?p=14) of Labor, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
    - (C) **Penalty for frivolous claims—** If the [Secretary](/usc/12/5301.md?p=14) of Labor finds that a complaint under [paragraph (1)](#c-1) is frivolous or has been brought in bad faith, the [Secretary](/usc/12/5301.md?p=14) of Labor may award to the prevailing employer a reasonable attorney fee, not exceeding $1,000, to be paid by the complainant.
    - (D) **De novo review—**
      - (i) **Failure of the Secretary to act—** If the [Secretary](/usc/12/5301.md?p=14) of Labor has not issued a final order within 210 days after the date of filing of a complaint under this subsection, or within 90 days after the date of receipt of a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district [court](/usc/12/5381.md?p=a-6) of the United States having jurisdiction, 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](/usc/12/5381.md?p=a-6) with a jury.
      - (ii) **Procedures—** A proceeding under [clause (i)](#c-4-D-i) shall be governed by the same legal burdens of proof specified in [paragraph (3)](#c-3). The [court](/usc/12/5381.md?p=a-6) shall have jurisdiction to grant all relief necessary to make the employee whole, [including](/usc/12/5301.md?p=18-A) injunctive relief and compensatory damages, [including](/usc/12/5301.md?p=18-A)—
        - (I) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;
        - (II) the amount of back pay, with interest; and
        - (III) compensation for any special damages sustained as a result of the discharge or discrimination, [including](/usc/12/5301.md?p=18-A) litigation costs, expert witness fees, and reasonable attorney fees.
    - (E) **Other appeals—** Unless the complainant brings an action under [subparagraph (D)](#c-4-D), any [person](/usc/12/5481.md?p=19) adversely affected or aggrieved by a final order issued under [subparagraph (A)](#c-4-A) may file a petition for review of the order in the United States [Court](/usc/12/5381.md?p=a-6) of Appeals for the circuit in which the [violation](/usc/12/5561.md?p=5) with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such [violation](/usc/12/5561.md?p=5), not later than 60 days after the date of the issuance of the final order of the [Secretary](/usc/12/5301.md?p=14) of Labor under [subparagraph (A)](#c-4-A). Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the [court](/usc/12/5381.md?p=a-6), operate as a stay of the order. An order of the [Secretary](/usc/12/5301.md?p=14) of Labor with respect to which review could have been obtained under this subparagraph shall not be subject to judicial review in any criminal or other civil proceeding.
  - (5) **Failure to comply with order—**
    - (A) **Actions by the Secretary—** If any [person](/usc/12/5481.md?p=19) has failed to comply with a final order issued under [paragraph (4)](#c-4), the [Secretary](/usc/12/5301.md?p=14) of Labor may file a civil action in the United States district [court](/usc/12/5381.md?p=a-6) for the district in which the [violation](/usc/12/5561.md?p=5) was found to have occurred, or in the United States district [court](/usc/12/5381.md?p=a-6) for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district [courts](/usc/12/5381.md?p=a-6) shall have jurisdiction to grant all appropriate relief [including](/usc/12/5301.md?p=18-A) injunctive relief and compensatory damages.
    - (B) **Civil actions to compel compliance—** A [person](/usc/12/5481.md?p=19) on whose behalf an order was issued under [paragraph (4)](#c-4) may commence a civil action against the [person](/usc/12/5481.md?p=19) to whom such order was issued to require compliance with such order. The appropriate United States district [court](/usc/12/5381.md?p=a-6) shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
    - (C) **Award of costs authorized—** The [court](/usc/12/5381.md?p=a-6), in issuing any final order under this paragraph, may award costs of litigation ([including](/usc/12/5301.md?p=18-A) reasonable attorney and expert witness fees) to any party, whenever the [court](/usc/12/5381.md?p=a-6) determines such award is appropriate.
    - (D) **Mandamus proceedings—** Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under [section 1361 of title 28](/usc/28/1361.md).
- (d) **Unenforceability of certain agreements—**
  - (1) **No waiver of rights and remedies—** Except as provided under [paragraph (3)](#d-3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, [including](/usc/12/5301.md?p=18-A) by any predispute arbitration agreement.
  - (2) **No predispute arbitration agreements—** Except as provided under [paragraph (3)](#d-3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section.
  - (3) **Exception—** Notwithstanding paragraphs [(1)](#d-1) and [(2)](#d-2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under [subsection (a)(4)](#a-4), unless the [Bureau](/usc/12/5301.md?p=4) determines, by rule, that such provision is inconsistent with the purposes of this title.[^1]

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 111–203, title X, § 1057, July 21, 2010, 124 Stat. 2031.)

## Notes

### Editorial Notes

### References in Text

This title, referred to in subsecs. (a)(1), (2), and (d)(3), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the designated transfer date, see section 1058 of Pub. L. 111–203, set out as a note under section 5561 of this title.