| "Sec. 1514A. Civil action to protect against retaliation in fraud
cases |
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| "(a) Whistleblower Protection for Employees of Publicly Traded Companies.--No
company with a class of securities registered under section 12 of the
Securities Exchange Act of 1934 (15 U.S.C. 78l), or that is required
to file reports under section 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(d)), or any officer, employee, contractor, subcontractor,
or agent of such company, may discharge, demote, suspend, threaten,
harass, or in any other manner discriminate against an employee in the
terms and conditions of employment because of any lawful act done by
the employee-- |
"(1) to provide information, cause information to be provided, or
otherwise assist in an investigation regarding any conduct which the
employee reasonably believes constitutes a violation of section 1341,
1343, 1344, or 1348, any rule or regulation of the Securities and Exchange
Commission, or any provision of Federal law relating to fraud against
shareholders, when the information or assistance is provided to or the
investigation is conducted by-- |
"(A) a Federal regulatory or law enforcement agency;
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"(B) any Member of Congress or any committee of Congress; or
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"(C) a person with supervisory authority over the employee (or such
other person working for the employer who has the authority to investigate,
discover, or terminate misconduct); or
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"(2) to file, cause to be filed, testify, participate in, or otherwise
assist in a proceeding filed or about to be filed (with any knowledge
of the employer) relating to an alleged violation of section 1341, 1343,
1344, or 1348, any rule or regulation of the Securities and Exchange
Commission, or any provision of Federal law relating to fraud against
shareholders. |
| "(b) Enforcement Action.-- |
"(1) In general.-- A person who alleges discharge or other discrimination
by any person in violation of subsection (a) may seek relief under subsection
(c), by-- |
"(A) filing a complaint with the Secretary of Labor; or
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"(B) if the Secretary has not issued a final decision within 180 days
of the filing of the complaint and there is no showing that such delay
is due to the bad faith of the claimant, bringing an action at law or
equity for de novo review in the appropriate district court of the United
States, which shall have jurisdiction over such an action without regard
to the amount in controversy.
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"(2) Procedure.---- |
"(A) In general.--An action under paragraph (1)(A) shall be governed
under the rules and procedures set forth in section 42121(b) of title
49, United States Code.
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"(B) Exception.--Notification made under section 42121(b)(1) of title
49, United States Code, shall be made to the person named in the complaint
and to the employer.
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"(C) Burdens of proof.--An action brought under paragraph (1)(B) shall
be governed by the legal burdens of proof set forth in section 42121(b)
of title 49, United States Code.
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"(D) Statute of limitations.--An action under paragraph (1) shall
be commenced not later than 90 days after the date on which the violation
occurs.
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| "(c) Remedies.-- |
"(1) In general.-- An employee prevailing in any action under subsection
(b)(1) shall be entitled to all relief necessary to make the employee
whole. |
"(2) Compensatory damages.-- Relief for any action under paragraph
(1) shall include-- |
"(A) reinstatement with the same seniority status that the employee
would have had, but for the discrimination;
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"(B) the amount of back pay, with interest; and
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"(C) compensation for any special damages sustained as a result of
the discrimination, including litigation costs, expert witness fees,
and reasonable attorney fees.
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| "(d) Rights Retained by Employee.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any employee
under any Federal or State law, or under any collective bargaining agreement.". |
