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DOL/OSHA | RIN: 1218-AD35 | Publication ID: Fall 2020 |
Title: ●Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970 | |
Abstract:
This document changes a rule interpreting the anti-retaliation provision of the Occupational Safety and Health Act of 1970, 29 U.S.C. 660(c). That provision prohibits adverse action, such as a discharge, against employees because they have engaged in protected activity, such as complaining about unsafe or unhealthful working conditions. The revised interpretive rule clarifies the causal connection between the protected activity and the adverse action. 29 CFR 1977.6. In order to prove a violation of this provision the Secretary of Labor must show that but for the employee’s protected activity he or she would not have suffered an adverse action. This interpretation is based on Supreme Court precedents interpreting similar language dealing with causation under the anti-retaliation provision of title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, as well as other precedents. See University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013). |
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Agency: Department of Labor(DOL) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Not subject to, not significant | |
CFR Citation: 29 CFR 1977 | |
Legal Authority: 29 U.S.C. 660(c) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Anthony Rosa Deputy Director, Directorate of Whistleblower Protection Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW, Room N-4618, FP Building, Washington, DC 20210 Phone:202 693-2199 Email: osha.dwpp@dol.gov |