29 U.S.C. § 660 — Judicial review

(a) A person adversely affected or aggrieved by a Commission order under section 659(c) may seek review in the United States court of appeals for the circuit where the violation allegedly occurred or where the employer has its principal office, or in the Court of Appeals for the District of Columbia Circuit. The person must file a written petition within 60 days after the order is issued, asking the court to change or set aside the order. The court clerk must promptly send a copy to the Commission and the other parties. The Commission must then file the proceeding's record in the court as section 2112 of title 28 provides. Once the record is filed, the court has jurisdiction over the proceeding and the questions decided in it. The court may grant any temporary relief or restraining order it considers just and proper. It may enter a decree, based on the pleadings, testimony, and proceedings in the record, affirming, changing, or wholly or partly setting aside the Commission's order, and enforcing the order to the extent it is affirmed or changed. Starting a case under this subsection does not stay the Commission's order unless the court orders a stay. The court will not consider an objection that was not raised before the Commission unless extraordinary circumstances excuse the failure to raise it. The Commission's factual findings are conclusive if substantial evidence in the record as a whole supports them. If a party asks the court for permission to present additional evidence and shows that the evidence is material and that there were reasonable grounds for not presenting it during the Commission hearing, the court may order the evidence to be taken before the Commission and added to the record. The Commission may change its factual findings or make new ones because of that additional evidence. It must file the changed or new findings and any recommendations to change or set aside its original order. The changed or new factual findings are conclusive if substantial evidence in the record as a whole supports them. After the record is filed with the court, the court has exclusive jurisdiction. Its judgment and decree are final, except that the Supreme Court may review them as section 1254 of title 28 provides. (b) The Secretary may also seek review or enforcement of any final Commission order by filing a petition in the court of appeals for the circuit where the violation allegedly occurred or where the employer has its principal office. Subsection (a) applies to those proceedings as far as it is relevant. If no petition for review under subsection (a) is filed within 60 days after the Commission's order is served, the Commission's factual findings and order are conclusive in any enforcement petition the Secretary files after that 60-day period. In that case, and also when a Secretary citation or notice that became a final Commission order under section 659(a) or (b) was not contested, the court clerk must promptly enter a decree enforcing the order unless the court orders otherwise. The clerk must send a copy of the decree to the Secretary and to the employer named in the petition. In a contempt proceeding to enforce a court-of-appeals decree entered under this subsection or subsection (a), the court of appeals may assess the penalties provided in section 666, in addition to using any other available remedies. (c)(1) No person may fire or otherwise discriminate against an employee because the employee filed a complaint, started or caused someone to start a proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or exercised, for the employee or others, a right provided by this chapter. (2) An employee who believes that a person fired or otherwise discriminated against the employee in violation of this subsection may, within 30 days after the violation happens, file a complaint with the Secretary alleging the discrimination. After receiving the complaint, the Secretary must conduct whatever investigation the Secretary considers appropriate. If the investigation shows the subsection was violated, the Secretary must bring an action against that person in an appropriate United States district court. In that action, the district court may, for good cause shown, stop violations of paragraph (1) and order all appropriate relief, including rehiring or reinstating the employee to the former position with back pay. (3) Within 90 days after receiving a complaint filed under this subsection, the Secretary must notify the complainant of the Secretary's determination under paragraph (2).