---
kind: "section"
citation: "42 U.S.C. § 7622"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7622"
heading: "Employee protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7622"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter III — General Provisions"
---

# §7622. Employee protection

- (a) **Discharge or discrimination prohibited—** No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any [person](/usc/42/7602.md?p=e) acting pursuant to a request of the employee)—
  - (1) [commenced](/usc/42/7479.md?p=2-A), caused to be [commenced](/usc/42/7479.md?p=2-A), or is about to commence or cause to be [commenced](/usc/42/7479.md?p=2-A) a proceeding under this chapter or a proceeding for the administration or enforcement of any requirement imposed under this chapter or under any [applicable implementation plan](/usc/42/7602.md?p=q),
  - (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 chapter.
- (b) **Complaint charging unlawful discharge or discrimination; investigation; order—**
  - (1) Any employee who believes that he has been discharged or otherwise discriminated against by any [person](/usc/42/7602.md?p=e) in [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)](#a) may, within thirty days after such [violation](/usc/42/2000e–16a.md?p=c) occurs, file (or have any [person](/usc/42/7602.md?p=e) file on his behalf) a complaint with the [Secretary](/usc/42/242q–4.md?p=2) of Labor (hereinafter in this subsection referred to as the “[Secretary](/usc/42/242q–4.md?p=2)”) alleging such discharge or discrimination. Upon receipt of such a complaint, the [Secretary](/usc/42/242q–4.md?p=2) shall notify the [person](/usc/42/7602.md?p=e) named in the complaint of the filing of the complaint.
  - (2)
    - (A) Upon receipt of a complaint filed under [paragraph (1)](#b-1), the [Secretary](/usc/42/242q–4.md?p=2) shall conduct an investigation of the [violation](/usc/42/2000e–16a.md?p=c) alleged in the complaint. Within thirty days of the receipt of such complaint, the [Secretary](/usc/42/242q–4.md?p=2) shall complete such investigation and shall notify in writing the complainant (and any [person](/usc/42/7602.md?p=e) acting in his behalf) and the [person](/usc/42/7602.md?p=e) alleged to have committed such [violation](/usc/42/2000e–16a.md?p=c) of the results of the investigation conducted pursuant to this subparagraph. Within ninety days of the receipt of such complaint the [Secretary](/usc/42/242q–4.md?p=2) shall, unless the proceeding on the complaint is terminated by the [Secretary](/usc/42/242q–4.md?p=2) on the basis of a settlement entered into by the [Secretary](/usc/42/242q–4.md?p=2) and the [person](/usc/42/7602.md?p=e) alleged to have committed such [violation](/usc/42/2000e–16a.md?p=c), issue an order either providing the relief prescribed by [subparagraph (B)](#b-2-B) or denying the complaint. An order of the [Secretary](/usc/42/242q–4.md?p=2) shall be made on the record after notice and opportunity for public hearing. The [Secretary](/usc/42/242q–4.md?p=2) 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)](#b-1), the [Secretary](/usc/42/242q–4.md?p=2) determines that a [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)](#a) has occurred, the [Secretary](/usc/42/242q–4.md?p=2) shall order the [person](/usc/42/7602.md?p=e) who committed such [violation](/usc/42/2000e–16a.md?p=c) to (i) take affirmative action to abate the [violation](/usc/42/2000e–16a.md?p=c), and (ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the [Secretary](/usc/42/242q–4.md?p=2) may order such [person](/usc/42/7602.md?p=e) to provide compensatory damages to the complainant. If an order is issued under this paragraph, the [Secretary](/usc/42/242q–4.md?p=2), at the request of the complainant, shall assess against the [person](/usc/42/7602.md?p=e) against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the [Secretary](/usc/42/242q–4.md?p=2), by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.
- (c) **Review—**
  - (1) Any [person](/usc/42/7602.md?p=e) adversely affected or aggrieved by an order issued under [subsection (b)](#b) may obtain review of the order in the United States court of appeals for the circuit in which the [violation](/usc/42/2000e–16a.md?p=c), 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](/usc/42/242q–4.md?p=2)’s order. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph[^1] shall not, unless ordered by the court, operate as a stay of the [Secretary](/usc/42/242q–4.md?p=2)’s order.
  - (2) An order of the [Secretary](/usc/42/242q–4.md?p=2) with respect to which review could have been obtained under [paragraph (1)](#c-1) shall not be subject to judicial review in any criminal or other civil proceeding.
- (d) **Enforcement of order by Secretary—** Whenever a [person](/usc/42/7602.md?p=e) has failed to comply with an order issued under [subsection (b)(2)](#b-2), the [Secretary](/usc/42/242q–4.md?p=2) may file a civil action in the United States district court for the district in which the [violation](/usc/42/2000e–16a.md?p=c) 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, but not limited to, injunctive relief, compensatory, and exemplary damages.
- (e) **Enforcement of order by person on whose behalf order was issued—**
  - (1) Any [person](/usc/42/7602.md?p=e) on whose behalf an order was issued under [paragraph (2)](#b-2) of subsection (b) may commence a civil action against the [person](/usc/42/7602.md?p=e) to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
  - (2) The court, in issuing any final order under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate.
- (f) **Mandamus—** 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).
- (g) **Deliberate violation by employee—** [Subsection (a)](#a) shall not apply with respect to any employee who, acting without direction from his employer (or the employer’s agent), deliberately causes a [violation](/usc/42/2000e–16a.md?p=c) of any requirement of this chapter.

## Footnotes

[^1]: So in original.

## Source credit

(July 14, 1955, ch. 360, title III, § 322, as added Pub. L. 95–95, title III, § 312, Aug. 7, 1977, 91 Stat. 783.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.