49 U.S.C. § 30171 — Protection of employees providing motor vehicle safety information

(a) Discrimination against employees of manufacturers, part suppliers, and dealerships. No motor vehicle manufacturer, part supplier, or dealership may fire an employee, or otherwise discriminate against them in pay, terms, conditions, or privileges of employment, because the employee, or someone acting at the employee's request, (1) gave, caused to be given, or is about to give, with the employer's knowledge, information to the employer or the Secretary of Transportation about a vehicle defect, noncompliance, or a violation of a notification or reporting requirement of this chapter; (2) filed, caused to be filed, or is about to file, a proceeding relating to such a defect, noncompliance, or violation; (3) testified or is about to testify in such a proceeding; (4) assisted or participated, or is about to, in such a proceeding; or (5) objected to, or refused to take part in, any activity the employee reasonably believed violated any provision of chapter 301 of this title, or an order, rule, regulation, standard, or ban under it.

(b) Complaint procedure. (1) Filing and notification: A person who believes they were fired or discriminated against in violation of subsection (a) may file a complaint with the Secretary of Labor within 180 days of the violation. On receiving the complaint, the Secretary of Labor must notify, in writing, the person named in the complaint of the filing, the allegations, the substance of the supporting evidence, and the opportunities available under paragraph (2). (2) Investigation; preliminary order: (A) In general: Within 60 days of receiving the complaint, after letting the accused respond in writing and meet to present witness statements, the Secretary must investigate, determine whether there is reasonable cause the complaint has merit, and notify both sides in writing of the findings. If there is reasonable cause, the Secretary must issue a preliminary order granting the relief described in paragraph (3)(B). Within 30 days of the findings, either side may object and request a hearing; objecting does not pause any reinstatement in the preliminary order. Hearings must be conducted quickly. If no hearing is requested within 30 days, the preliminary order becomes final and is not subject to court review. (B) Requirements: (i) Required showing by complainant: The Secretary must dismiss the complaint, without investigating, unless the complainant makes an initial showing that one of the behaviors in subsection (a) was a contributing factor in the adverse job action. (ii) Showing by employer: Even if that showing is made, no investigation proceeds if the employer proves, by clear and convincing evidence, it would have taken the same action anyway. (iii) Criteria for determination by Secretary: The Secretary may find a violation only if the complainant shows the protected behavior was a contributing factor in the adverse action. (iv) Prohibition: No relief may be ordered if the employer proves, by clear and convincing evidence, it would have taken the same action regardless. (3) Final order: (A) Deadline for issuance; settlement agreements: Within 120 days after a hearing ends, the Secretary must issue a final order granting relief or denying the complaint. Before a final order issues, the case may be settled by agreement among the Secretary, the complainant, and the accused. (B) Remedy: If the Secretary finds a violation, the Secretary must order the violator to (i) take affirmative action to stop the violation, (ii) reinstate the complainant with back pay and restore their job's terms, conditions, and privileges, and (iii) pay compensatory damages. (C) Attorneys' fees: If relief is ordered, at the complainant's request the Secretary must make the violator pay the complainant's reasonable litigation costs, including attorney and expert witness fees. (D) Frivolous complaints: If a complaint is frivolous or brought in bad faith, the Secretary may award the employer up to $1,000 in attorney's fees. (E) De novo review: If the Secretary has not issued a final decision within 210 days of the complaint being filed, and the delay is not the employee's fault, the employee may sue directly in federal district court, with a jury trial available if either side requests one, applying the same legal standards as paragraph (2)(B). (4) Review: (A) Appeal to court of appeals: Anyone adversely affected by a final order may appeal to the U.S. Court of Appeals for the circuit where the violation occurred, or where the complainant lived, within 60 days of the final order. Filing the appeal does not automatically pause the order. (B) Limitation on collateral attack: An order that could have been appealed under subparagraph (A) cannot be challenged in any other criminal or civil case. (5) Enforcement of order by Secretary: If someone fails to comply with a final order, the Secretary of Labor may sue in federal district court to enforce it, and the court may grant any appropriate relief, including injunctions and compensatory damages. (6) Enforcement of order by parties: (A) Commencement of action: The person the order was issued for may sue directly to require compliance, and the district court has jurisdiction regardless of the amount involved or the parties' citizenship. (B) Attorney fees: The court may award litigation costs, including attorney and expert witness fees, to either side as it finds appropriate.

(c) Mandamus. Any mandatory duty imposed under this section can be enforced through a mandamus lawsuit under section 1361 of title 28.

(d) Nonapplicability to deliberate violations. Subsection (a) does not protect an employee of a motor vehicle manufacturer, part supplier, or dealership who, acting on their own without direction from the employer or its agent, deliberately causes a violation of a motor vehicle safety requirement under this chapter.