49 U.S.C. § 31105 — Employee protections

(a) Prohibitions. A person cannot fire an employee, discipline them, or discriminate against them in pay, employment terms, or employment privileges because—

(1)(A) (i) the employee, or another person at the employee’s request, filed a complaint or began a proceeding about a violation of a commercial motor vehicle safety or security regulation, standard, or order, or testified or will testify in that proceeding; or (ii) the person thinks the employee filed or is about to file a complaint, or began or is about to begin such a proceeding;

(B) the employee refused to operate a vehicle because operating it would violate a United States regulation, standard, or order about commercial motor vehicle safety, health, or security, or because the employee reasonably feared serious injury to the employee or the public from the vehicle’s hazardous safety or security condition;

(C) the employee accurately reported hours on duty under chapter 315;

(D) the employee cooperated, or the person thinks the employee is about to cooperate, with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board; or

(E) the employee provided, or the person thinks the employee is or is about to provide, information to those officials or to any Federal, State, or local regulatory or law-enforcement agency about the facts relating to an accident or incident that caused injury or death to an individual or property damage in connection with commercial motor vehicle transportation.

(2) Under paragraph (1)(B)(ii), an employee’s fear of serious injury is reasonable only if a reasonable person in the circumstances would conclude that the hazardous safety or security condition creates a real danger of an accident, injury, or serious impairment to health. The employee must also have asked the employer to correct the condition and been unable to obtain that correction.

(b) Filing Complaints and Procedures. (1) An employee alleging a violation of subsection (a), or another person at the employee’s request, may file a complaint with the Secretary of Labor within 180 days after the alleged violation. The burdens of proof in section 42121(b) govern every complaint under this section. On receiving a complaint, the Secretary must notify in writing the person alleged to have committed the violation.

(2)(A) Within 60 days after receiving a complaint, the Secretary must investigate, decide whether it is reasonable to believe the complaint has merit, and notify the complainant and the alleged violator in writing of the findings. If the Secretary decides it is reasonable to believe a violation occurred, the Secretary must include findings and a preliminary order for the relief in paragraph (3). (B) Within 30 days after that notice, the complainant and the alleged violator may object to the findings or preliminary order, or both, and request a hearing on the record. An objection does not stay reinstatement ordered in the preliminary order. If no hearing is requested within 30 days, the preliminary order becomes final and cannot be reviewed by a court. (C) The hearing must be held quickly. Within 120 days after the hearing ends, the Secretary must issue a final order. Before that order, the proceeding may end through a settlement agreement among the Secretary, the complainant, and the alleged violator.

(3)(A) If the Secretary decides from a complaint that a person violated subsection (a), the Secretary must order that person to take affirmative action to stop the violation, reinstate the complainant to the former position with the same pay and employment terms and privileges, and pay compensatory damages, including back pay with interest and compensation for special damages caused by the discrimination, including litigation costs, expert-witness fees, and reasonable attorney fees. (B) If the Secretary issues that order and the complainant asks, the Secretary may assess against the person the complainant’s reasonably incurred costs, including attorney fees, of bringing the complaint. The Secretary must determine those costs. (C) Relief in an action under subsection (b) may include punitive damages of up to $250,000.

(c) De Novo Review. For a complaint under paragraph (1), if the Secretary has not issued a final decision within 210 days after the complaint was filed, and the delay was not caused by the employee’s bad faith, the employee may bring an original action at law or equity for a new review in the appropriate federal district court. The court has jurisdiction regardless of the amount in controversy. Either party may request a jury trial.

(d) Judicial Review and Venue. A person adversely affected by an order issued after a hearing under subsection (b) may petition for review within 60 days in the federal court of appeals for the circuit where the violation occurred or where the person lived on the date of the violation. Review follows chapter 7 of title 5 and must be handled quickly. An order reviewable under this subsection cannot be reviewed in a criminal or other civil proceeding.

(e) Civil Actions to Enforce. If a person does not comply with an order under subsection (b), the Secretary must bring a civil action to enforce it in the federal district where the violation occurred.

(f) No Preemption. This section does not preempt or reduce any other Federal or State protection against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other form of discrimination.

(g) Rights Retained by Employee. This section does not reduce an employee’s rights, privileges, or remedies under Federal or State law or a collective bargaining agreement. An agreement, policy, form, or employment condition cannot waive the rights and remedies in this section.

(h) Disclosure of Identity. (1) Unless paragraph (2) applies or the employee gives written consent, the Secretary of Transportation or Secretary of Homeland Security cannot disclose the name of an employee who provided information about an alleged violation of this part or a regulation or order under it. (2) If the matter is referred to the Attorney General for enforcement, the Secretary must disclose that employee’s name to the Attorney General. The Secretary must give the affected employee reasonable advance notice if the identity or identifying information will be disclosed.

(i) Process for Reporting Security Problems to the Department of Homeland Security. (1) The Secretary of Homeland Security must establish by regulation, after notice and an opportunity for comment, a process for any person to report motor carrier vehicle security problems, deficiencies, or vulnerabilities. (2) If the report identifies its maker, the Secretary must promptly respond and acknowledge receipt. (3) The Secretary must review and consider each report and take appropriate steps to address identified problems or deficiencies.

(j) Definition. In this section, “employee” means a commercial motor vehicle driver, including an independent contractor while personally operating one, a mechanic, a freight handler, or an individual who is not an employer, who directly affects commercial motor vehicle safety or security while employed by a commercial motor carrier and is not a United States Government, State, or political-subdivision employee acting in that employment.