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29 U.S.C. § 218cProtections for employees

submitted 88 years ago by Pub. L. 111-148 to r/title-29-LABOR · 315 words · no verdicts yet

in plain englishAI-generated · not legal advice

Employers can't fire or discriminate against an employee for exercising ACA-related rights, like getting a premium tax credit. Protected activity also includes reporting violations, testifying, participating in proceedings, or refusing to do something believed illegal. Retaliated-against employees can file a complaint under existing federal whistleblower procedures.

(a) Prohibition: No employer can fire, or in any way discriminate against, an employee regarding pay, terms, conditions, or other job privileges, because the employee (or someone acting at the employee's request) has: (1) received a credit under section 36B of Title 26 or a subsidy under section 18071 of Title 42; (2) provided, or is about to provide, the employer, the federal government, or a state attorney general with information about a violation, or a reasonably believed violation, of this Act or an amendment it made; (3) testified or is about to testify in a proceeding about such a violation; (4) assisted or participated, or is about to, in such a proceeding; or (5) objected to, or refused to take part in, any activity, policy, practice, or task the employee (or other such person) reasonably believed violated this Act, an amendment it made, or any related order, rule, regulation, standard, or ban. (b) Complaint procedure: (1) An employee who believes they've been fired or discriminated against in violation of this section can seek relief following the procedures, notifications, burdens of proof, remedies, and time limits set out in section 2087(b) of Title 15. (2) Nothing here reduces an employee's rights, privileges, or remedies under any other federal or state law or a collective bargaining agreement. These rights and remedies can't be waived by any agreement, policy, form, or condition of employment.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibition

No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee) has—

(1)

received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42; 1

(2)

provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title 1 (or an amendment made by this title); 1

(3)

testified or is about to testify in a proceeding concerning such violation;

(4)

assisted or participated, or is about to assist or participate, in such a proceeding; or

(5)

objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this title 1 (or amendment), or any order, rule, regulation, standard, or ban under this title 1 (or amendment).

(b) Complaint procedure
(1) In general

An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15.

(2) No limitation on rights

Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

Source credit: (June 25, 1938, ch. 676, § 18C, as added Pub. L. 111–148, title I, § 1558, Mar. 23, 2010, 124 Stat. 261.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 111-148 · 124 Stat. 261

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1938-06-25.

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