Page:United States Statutes at Large Volume 88 Part 2.djvu/376

 1692

OMB review, submittal to congressional committees.

Discrimination, prohibition.

Filing of complaint.

Investigation.

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

title and containing such recommendations for legislation as he considers necessary. The report of the Administrator under this subsection which is due not Later than April 1, 1975, and each subsequent report of the Administrator under this subsection shall include a statement on the actual and anticipated cost to public water systems in each State of compliance with the requirements of this title. The Office of Management and Budget may review any report required by this subsection before its submission to such committees of Congress, but the Office may not revise any such report, require any revision in any such report, or delay its submission beyond the day prescribed for its submission, and may submit to such committees of Co-\'^ress its comments respecting any such report. "(i)(1) No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee) has— " (A) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title or a proceeding for the administration or enforcement of drinking water regulations or underground injection control programs of a State, " (B) testified or is about to testify in any such proceeding, or " (C) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this title. "(2)(A) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of paragraph (1) may, within 30 days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the 'Secretary') alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. " (B)(i) Upon receipt of a complaint filed under subparagraph (A), the Secretary shall conduct an investigation of the violation alleged in the complaint. Within 30 days of the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by clause (ii) or denying the complaint. An order of the Secretary shall be made on the record after notice and opportunity for agency hearing. The Secretary may not enter into a settlement terminating a proceeding on a complaint without the participation and consent of the complainant. "(ii) If iii response to a complaint filed under subparagraph (A) the Secretary determines that a violation of paragraph (1) has o?curred, the Secretary shall order (I) the person who committed such violation to take affirmative action to abate the violation, ( II) such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, ( III) compensatory damages, and ( IV) where appropriate, exemplary damages. If such an order is issued, the Secretary, at the request of the complainant, shall assess

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