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42 U.S.C. § 5851

Employee protection

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 5851, Employee protection, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/480546
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Full text

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 acting pursuant to a request of the employee)— For purposes of this section, the term “employer” includes— Whenever a person has failed to comply with an order issued under subsection (b)(2), the Secretary may 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, but not limited to, injunctive relief, compensatory, and exemplary damages. Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28. Subsection (a) shall not apply with respect to any employee who, acting without direction from his or her employer (or the employer’s agent), deliberately causes a violation of any requirement of this chapter or of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.]. This section may not be construed to expand, diminish, or otherwise affect any right otherwise available to an employee under Federal or State law to redress the employee’s discharge or other discriminatory action taken by the employer against the employee. The provisions of this section shall be prominently posted in any place of employment to which this section applies. The Commission or the Department of Energy shall not delay taking appropriate action with respect to an allegation of a substantial safety hazard on the basis of—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 93-438(H.R. 11510)1974-10-11
    Energy Reorganization Act of 1974
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-601(S. 2584)1978-11-06
    An Act to authorize appropriations to the Nuclear Regulatory Commission for fiscal year 1979, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-486(H.R. 776)1992-10-24
    Energy Policy Act of 1992
  • Amended byPub. L. 109-58(H.R. 6)2005-08-08
    Energy Policy Act of 2005