Page:United States Statutes at Large Volume 122.djvu/3086

 12 2 STA T .306 3 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8‘ ‘ (3)as s i s tedorp arti c ipated or is a b o u t to assist or partici - pate i n suc h a proceedin g; or ‘‘( 4 )ob j ected to , or re f used to participate in, an y acti v ity, po l icy, practice, or assigned tas k that the e m ployee (or other such person) reasonably believed to be in violation of any provi- sion of this A ct or any other Act enforced by the C ommission, or any order, rule, regulation, standard, or ban under any such Acts . ‘‘(b)( 1 ) A person w ho believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 1 80 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the S ecretary of L abor alleging such discharge or discrimination and identifying the person respon- sible for such act. U pon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph ( 2 ). ‘‘(2)(A) N ot later than 6 0 days after the date of receipt of a complaint filed under paragraph (1) and after affording the complainant and the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a viola- tion of subsection (a) of the Secretary ’ s findings. I f the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)( B ). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and re q uest a hearing on the record. T he filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted e x pedi- tiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. ‘‘(B)(i) The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (4) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint. ‘‘(ii) Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior. ‘‘(iii) The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any Deadlin e s.Not i f i c ation. I n v esti g ation. Or der. Notification. Discri m ination. Deadline.

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