a proceeding filed or about to be filed re-
lating to an alleged violation of this Act or 
the regulations issued by the Commission 
under this Act. 
(B) PROHIBITION ON SERVICE DISCRIMI-
NATION.—In addition to the discrimination pro-
hibited by subparagraph (A), a provider of a 
hosting service may not condition, degrade, or 
otherwise discriminate in the provision of a 
service or product to a protected individual be-
cause the protected individual engaged in any 
action described in clause (i) or (ii) of such sub-
paragraph. 
(3) ENFORCEMENT ACTION.— 
(A) IN GENERAL.—A protected individual 
who alleges discharge or other discrimination by 
any covered person in violation of paragraph 
(2) may seek relief under paragraph (4) by— 
(i) filing a complaint with the Sec-
retary of Labor; or 
(ii) if the Secretary has not issued a 
final decision within 180 days after the fil-
ing of the complaint under clause (i) and 
there is no showing that such delay is due 
to the bad faith of the protected individual, 
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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 with-
out regard to the amount in controversy. 
(B) PROCEDURE.— 
(i) IN
GENERAL.—Any proceeding 
with respect to a complaint under subpara-
graph (A)(i) shall be governed under the 
rules and procedures set forth in section 
42121(b) of title 49, United States Code. 
(ii) EXCEPTION.—Notification made 
under section 42121(b)(1) of title 49, 
United States Code, shall be made to the 
covered person named in the complaint 
and, in the case of a complaint filed by a 
protected individual who is an employee of 
a provider of a hosting service or of a con-
tractor or subcontractor of such a provider, 
to the provider, contractor, or subcon-
tractor. 
(iii) BURDENS OF PROOF.—An action 
brought under subparagraph (A)(ii) shall 
be governed by the legal burdens of proof 
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pamtmann on DSKBC07HB2PROD with BILLS
set forth in section 42121(b) of title 49, 
United States Code. 
(iv) STATUTE
OF
LIMITATIONS.—A 
complaint under subparagraph (A)(i) shall 
be filed not later than 180 days after the 
later of— 
(I) the date on which the viola-
tion occurs; or 
(II) the date on which the pro-
tected individual becomes aware of the 
violation. 
(v) JURY TRIAL.—A party to an ac-
tion brought under subparagraph (A)(ii) 
shall be entitled to trial by jury. 
(4) RELIEF.— 
(A) IN GENERAL.—A protected individual 
prevailing in any proceeding or action under 
paragraph (3)(A) shall be entitled to all relief 
necessary to make the protected individual 
whole, including compensation for any special 
damages sustained as a result of the discrimi-
nation, including litigation costs, expert witness 
fees, and reasonable attorney fees. 
(B) FOR EMPLOYEES.—In the case of a 
protected individual who is an employee of a 
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provider of a hosting service or of a contractor 
or subcontractor of such a provider, if the em-
ployee prevails in any proceeding or action 
under paragraph (3)(A) against the provider, 
contractor, or subcontractor, relief under sub-
paragraph (A) of this paragraph may include— 
(i) reinstatement with the same se-
niority status that the employee would 
have had, but for the discrimination; and 
(ii) the amount of back pay, with in-
terest. 
(5) RIGHTS
RETAINED
BY
PROTECTED
INDI-
VIDUAL.—Nothing in this subsection shall be con-
strued to diminish the rights, privileges, or remedies 
of any protected individual under any Federal or 
State law, or under any collective bargaining agree-
ment. 
(6) NONENFORCEABILITY OF CERTAIN PROVI-
SIONS WAIVING RIGHTS AND REMEDIES OR REQUIR-
ING ARBITRATION OF DISPUTES.— 
(A) WAIVER OF RIGHTS AND REMEDIES.— 
The rights and remedies provided for in this 
subsection may not be waived, including by a 
predispute arbitration agreement. 
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