ical standards for fitness of duty or, if there are no 
pertinent Federal Railroad Administration stand-
ards, the Authority’s medical standards for fitness 
for duty. For purposes of this paragraph, the term 
‘‘discipline’’ means to bring charges against a person 
in a disciplinary proceeding, suspend, terminate, 
place on probation, or make note of reprimand on an 
employee’s record. 
(c) HAZARDOUS
SAFETY
OR
SECURITY
CONDI-
TIONS.— 
(1) The authority, or a contractor or a subcon-
tractor of such authority, or an officer or employee 
of such authority, shall not discharge, demote, sus-
pend, reprimand, or in any other way discriminate 
against an employee for— 
(A) reporting, in good faith, a hazardous 
safety or security condition; 
(B) refusing to work when confronted by a 
hazardous safety or security condition related to 
the performance of the employee’s duties, if the 
conditions described in paragraph (2) exist; or 
(C) refusing to authorize the use of any 
safety- or security-related equipment, track, or 
structures, if the employee is responsible for the 
inspection or repair of the equipment, track, or 
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structures, when the employee believes that the 
equipment, track, or structures are in a haz-
ardous safety or security condition, if the condi-
tions described in paragraph (2) of this sub-
section exist. 
(2) A refusal by an employee is protected under 
paragraph (1)(B) and (C) if— 
(A) the refusal is made in good faith and 
no reasonable alternative to the refusal is avail-
able to the employee; 
(B) a reasonable individual in the cir-
cumstances then confronting the employee 
would conclude that— 
(i) the hazardous condition presents 
an imminent danger of death or serious in-
jury; and 
(ii) the urgency of the situation does 
not allow sufficient time to eliminate the 
danger without such refusal; and 
(C) the employee, where possible, has noti-
fied the authority of the existence of the haz-
ardous condition and the intention not to per-
form further work, or not to authorize the use 
of the hazardous equipment, track, or struc-
tures, unless the condition is corrected imme-
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diately or the equipment, track, or structures 
are repaired properly or replaced. 
(3) In this subsection, only subsection (c)(1)(A) 
shall apply to security personnel, including transit 
police, employed or utilized by the authority to pro-
tect riders, equipment, assets, or facilities. 
(d) ENFORCEMENT ACTION.— 
(1) FILING AND NOTIFICATION.—A person who 
believes that he or she has been discharged or other-
wise discriminated against by any person in violation 
of subsection (a), (b), or (c) may, not later than 180 
days after the date on which such violation occurs, 
file (or have any person file on his or her behalf) a 
complaint with the Secretary of Labor alleging such 
discharge or discrimination. Upon receipt of a com-
plaint filed under this paragraph, the Secretary of 
Labor shall notify, in writing, the person named in 
the complaint and the person’s employer 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) INVESTIGATION; PRELIMINARY ORDER.— 
(A) IN GENERAL.—Not later than 60 days 
after the date of receipt of a complaint filed 
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under paragraph (1) and after affording the 
person named in the complaint an opportunity 
to submit to the Secretary of Labor a written 
response to the complaint and an opportunity to 
meet with a representative of the Secretary of 
Labor to present statements from witnesses, the 
Secretary of Labor shall conduct an investiga-
tion 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 violation of 
subsection (a), (b), or (c) of the Secretary of 
Labor’s findings. If the Secretary of Labor con-
cludes that there is a reasonable cause to be-
lieve that a violation of subsection (a), (b), or 
(c) has occurred, the Secretary of Labor shall 
accompany the Secretary of Labor’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 find-
ings under this paragraph, either the person al-
leged to have committed the violation or the 
complainant may file objections to the findings 
or preliminary order, or both, and request a 
hearing on the record. The filing of such objec-
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tions shall not operate to stay any reinstate-
ment remedy contained in the preliminary 
order. Such hearings shall be conducted expedi-
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 judi-
cial review. 
(B) REQUIREMENTS.— 
(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary of Labor shall 
dismiss a complaint filed under this sub-
section and shall not conduct an investiga-
tion otherwise required under subpara-
graph (A) unless the complainant makes a 
prima facie showing that any behavior de-
scribed in subsection (a), (b), or (c) was a 
contributing factor in the unfavorable per-
sonnel action alleged in the complaint. 
(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary of 
Labor that the complainant has made the 
showing required under clause (i), no in-
vestigation otherwise required under sub-
paragraph (A) shall be conducted if the 
employer demonstrates, by clear and con-
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vincing evidence, that the employer would 
have taken the same unfavorable personnel 
action in the absence of that behavior. 
(iii) CRITERIA
FOR
DETERMINATION 
BY SECRETARY OF LABOR.—The Secretary 
of Labor may determine that a violation of 
subsection (a), (b), or (c) has occurred 
only if the complainant demonstrates that 
any behavior described in subsection (a), 
(b), or (c) was a contributing factor in the 
unfavorable personnel action alleged in the 
complaint. 
(iv) PROHIBITION.—Relief may not be 
ordered under subparagraph (A) if the em-
ployer demonstrates by clear and con-
vincing evidence that the employer would 
have taken the same unfavorable personnel 
action in the absence of that behavior. 
(3) FINAL ORDER.— 
(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days 
after the date of conclusion of a hearing under 
paragraph (2), the Secretary of Labor shall 
issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
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plaint. At any time before issuance of a final 
order, a proceeding under this subsection may 
be terminated on the basis of a settlement 
agreement entered into by the Secretary of 
Labor, the complainant, and the person alleged 
to have committed the violation. 
(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary 
of Labor determines that a violation of sub-
section (a), (b), or (c) has occurred, the Sec-
retary of Labor shall order the person who com-
mitted such violation to— 
(i) take affirmative action to abate the 
violation; and 
(ii) provide the remedies described in 
subsection (e). 
(C) ORDER.—If an order is issued under 
subparagraph (B), the Secretary of Labor, at 
the request of the complainant, shall assess 
against the person against whom the order is 
issued a sum equal to the aggregate amount of 
all costs and expenses (including attorney’s and 
expert witness fees) reasonably incurred, as de-
termined by the Secretary of Labor, by the 
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complainant for, or in connection with, bringing 
the complaint upon which the order was issued. 
(D) FRIVOLOUS COMPLAINTS.—If the Sec-
retary of Labor finds that a complaint under 
paragraph (1) is frivolous or has been brought 
in bad faith, the Secretary of Labor may award 
to the prevailing employer reasonable attorney’s 
fees not exceeding $1,000. 
(4) REVIEW.— 
(A) APPEAL TO COURT OF APPEALS.—Any 
person adversely affected or aggrieved by an 
order issued under paragraph (3) may obtain 
review of the order in the United States Court 
of Appeals for the District of Columbia Circuit. 
The petition for review must be filed not later 
than 60 days after the date of the issuance of 
the final order of the Secretary of Labor. Re-
view shall conform to chapter 7 of title 5, 
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less ordered by the court, operate as a stay of 
the order. 
(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor 
with respect to which review could have been 
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obtained under subparagraph (A) shall not be 
subject to judicial review in any criminal or 
other civil proceeding. 
(5) ENFORCEMENT OF ORDER BY SECRETARY 
OF LABOR.—Whenever any person has failed to com-
ply with an order issued under paragraph (3), the 
Secretary of Labor may file a civil action in the 
United States district court for the district in which 
the violation was found to occur to enforce such 
order. In actions brought under this paragraph, the 
district courts shall have jurisdiction to grant all ap-
propriate relief including, but not limited to, injunc-
tive relief and compensatory damages. 
(6) ENFORCEMENT OF ORDER BY PARTIES.— 
(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under 
paragraph (3) may commence a civil action 
against the person to whom such order was 
issued to require compliance with such order. 
The appropriate United States district court 
shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the 
parties, to enforce such order. 
(B) ATTORNEY’S
FEES.—The court, in 
issuing any final order under this paragraph, 
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may award costs of litigation (including reason-
able attorney’s and expert witness fees) to any 
party whenever the court determines such 
award is appropriate. 
(7) DE NOVO REVIEW.—With respect to a com-
plaint under paragraph (1), if the Secretary of 
Labor has not issued a final decision not later than 
210 days after the filing of the complaint and if the 
delay is not due to the bad faith of the employee, 
the employee may bring an original action at law or 
equity for de novo review in the appropriate district 
court of the United States, which shall have jurisdic-
tion over such an action without regard to the 
amount in controversy, and which action shall, at 
the request of either party to such action, be tried 
by the court with a jury. The action shall be gov-
erned by the same legal burdens of proof specified 
in paragraph (2)(B) for review by the Secretary of 
Labor. 
(e) REMEDIES.— 
(1) IN GENERAL.—An employee prevailing in 
any action under subsection (d) shall be entitled to 
all relief necessary to make the employee whole. 
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(2) DAMAGES.—Relief in an action under sub-
section (d) (including an action described in 
(d)(7))?shall include— 
(A) reinstatement with the same seniority 
status that the employee would have had, but 
for the discrimination; 
(B) any backpay, with interest; and 
(C) compensatory damages, including com-
pensation for any special damages sustained as 
a result of the discrimination, including litiga-
tion costs, expert witness fees, and reasonable 
attorney’s fees. 
(f) ELECTION OF REMEDIES.—An employee may not 
seek protection under both this section and another provi-
sion of law for the same allegedly unlawful act of the au-
thority. 
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 
this section shall be construed to diminish the rights, privi-
leges, or remedies of any employee under any Federal or 
State law, provision adopted by an authority created by 
an interstate Compact, or under any collective bargaining 
agreement. The rights and remedies in this section may 
not be waived by any agreement, policy, form, or condition 
of employment. 
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