Title: Energy Reorganization Act of 1974
Statute:42 U.S.C. § 5851
Governing Agency: United States Department of Labor
General Overview: This federal law enacted in 1974 realigned the responsibility for the development and production of nuclear weapons, nuclear power, and other nuclear uses. An amendment was later added providing protections to employees and fellow whistleblowers who engage in protected conduct. The majority of the protected conduct includes raising safety concerns and reporting potential hazards. The protections offered shields employers against retaliation and discrimination.
Who is covered?:
Any employee of the following type of employers is shielded by the protections of this act:
1. Nuclear Regulatory Commission
2. licensee of Nuclear Regulatory Commission
3. applicant for a licensee from Nuclear Regulatory Commission
4. contractor or subcontractor of Nuclear Regulatory Commission
5. Department of Energy
6. contractor or subcontractor of Department of Energy (must meet req. of Section 170 of Atomic Energy Act of 1954)
7. licensee of an agreement state under Atomic Energy Act of 1954
Who is not covered?:
· Protections will not apply to any party or employee who deliberately causes a violation under this act
What is covered?:
-Parties covered under the Energy Reorganization Act 1974 cannot be retaliated or discriminated against for:
· notifying employer of alleged violation of Atomic Energy Act of 1954
· refusing to partake in unlawful practice after pointing out illegality to employer
· testifying before Congress or any other legislative body regarding employer conduct
· commencing action against employer for alleged violation
· assisting or participating in any proceeding or action against employer
-Illegal retaliation by employers includes:
· discrimination against claiming party
· discharging claiming party
· denial of promotion
· threats
· unjustified negative evaluations and/or references
· increased surveillance
· any other action that is likely to deter an employee from pursuing their rights
Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
How do I submit a claim?- a Step-by-Step Approach :
1. If you believe your employer has violated a provision of this act and retaliated or discriminated against you, a complaint must be submitted within 180 days of the date of the alleged violation. The complaint will be directed to the Secretary of Labor. - DOL’s contact information. The complaint may be filed by another party on behalf of the victim.
2. The Secretary of Labor will review the complaint and notify the opposing party, Atomic Energy Commission, and Department of Energy that an investigation has begun. The Secretary of Labor will then investigate the alleged violation(s). Within 30 days of receiving the complaint a written notice of the findings of investigation will be released.
3. Within 90 days of the complaint being filed the Secretary of Labor shall issue an order of relief or a denial of complaint. A binding settlement can be reached between the parties before this order or denial is issued.
4. After the order or denial is issued there is an opportunity for a public hearing.
5. If either party wishes to appeal, they must file an appeal within 60 days in the U.S. Court of Appeals in the jurisdiction where the violation allegedly occurred. The original order shall remain in effect until a decision is handed down by U.S. Court of Appeals.
6. A private right of action is allowed if one year passes after the complaint is filed and no order is issued, not due to bad faith or fault of claiming party. The civil suit must be brought in U.S. District Court.
Rights and Remedies:
· Injunctions- to the extent appropriate to alleviate violation
· Reinstatement to former position with same benefits, privileges, and terms (if determined that party was discharged for conduct protected under this act)
· Back Pay (with interest)
· Compensatory damages
· Reasonable attorney fees and other related litigation costs
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
Statute:42 U.S.C. § 5851
Governing Agency: United States Department of Labor
General Overview: This federal law enacted in 1974 realigned the responsibility for the development and production of nuclear weapons, nuclear power, and other nuclear uses. An amendment was later added providing protections to employees and fellow whistleblowers who engage in protected conduct. The majority of the protected conduct includes raising safety concerns and reporting potential hazards. The protections offered shields employers against retaliation and discrimination.
Who is covered?:
Any employee of the following type of employers is shielded by the protections of this act:
1. Nuclear Regulatory Commission
2. licensee of Nuclear Regulatory Commission
3. applicant for a licensee from Nuclear Regulatory Commission
4. contractor or subcontractor of Nuclear Regulatory Commission
5. Department of Energy
6. contractor or subcontractor of Department of Energy (must meet req. of Section 170 of Atomic Energy Act of 1954)
7. licensee of an agreement state under Atomic Energy Act of 1954
Who is not covered?:
· Protections will not apply to any party or employee who deliberately causes a violation under this act
What is covered?:
-Parties covered under the Energy Reorganization Act 1974 cannot be retaliated or discriminated against for:
· notifying employer of alleged violation of Atomic Energy Act of 1954
· refusing to partake in unlawful practice after pointing out illegality to employer
· testifying before Congress or any other legislative body regarding employer conduct
· commencing action against employer for alleged violation
· assisting or participating in any proceeding or action against employer
-Illegal retaliation by employers includes:
· discrimination against claiming party
· discharging claiming party
· denial of promotion
· threats
· unjustified negative evaluations and/or references
· increased surveillance
· any other action that is likely to deter an employee from pursuing their rights
Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
How do I submit a claim?- a Step-by-Step Approach :
1. If you believe your employer has violated a provision of this act and retaliated or discriminated against you, a complaint must be submitted within 180 days of the date of the alleged violation. The complaint will be directed to the Secretary of Labor. - DOL’s contact information. The complaint may be filed by another party on behalf of the victim.
2. The Secretary of Labor will review the complaint and notify the opposing party, Atomic Energy Commission, and Department of Energy that an investigation has begun. The Secretary of Labor will then investigate the alleged violation(s). Within 30 days of receiving the complaint a written notice of the findings of investigation will be released.
3. Within 90 days of the complaint being filed the Secretary of Labor shall issue an order of relief or a denial of complaint. A binding settlement can be reached between the parties before this order or denial is issued.
4. After the order or denial is issued there is an opportunity for a public hearing.
5. If either party wishes to appeal, they must file an appeal within 60 days in the U.S. Court of Appeals in the jurisdiction where the violation allegedly occurred. The original order shall remain in effect until a decision is handed down by U.S. Court of Appeals.
6. A private right of action is allowed if one year passes after the complaint is filed and no order is issued, not due to bad faith or fault of claiming party. The civil suit must be brought in U.S. District Court.
Rights and Remedies:
· Injunctions- to the extent appropriate to alleviate violation
· Reinstatement to former position with same benefits, privileges, and terms (if determined that party was discharged for conduct protected under this act)
· Back Pay (with interest)
· Compensatory damages
· Reasonable attorney fees and other related litigation costs
Disclaimer. This website does not offer legal advice. This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.
