Court Opinions
State Laws
|
Shipping - 46 USC Section 2114
Legal Research Home >
US Lawyer > Shipping > Shipping - 46 USC Section 2114
01/19/04
Sec. 2114. Protection of seamen against discrimination
(a)(1) A person may not discharge or in any manner discriminate
against a seaman because -
(A) the seaman in good faith has reported or is about to report
to the Coast Guard or other appropriate Federal agency or
department that the seaman believes that a violation of a
maritime safety law or regulation prescribed under that law or
regulation has occurred; or
(B) the seaman has refused to perform duties ordered by the
seaman's employer because the seaman has a reasonable
apprehension or expectation that performing such duties would
result in serious injury to the seaman, other seamen, or the
public.
(2) The circumstances causing a seaman's apprehension of serious
injury under paragraph (1)(B) must be of such a nature that a
reasonable person, under similar circumstances, would conclude that
there is a real danger of an injury or serious impairment of health
resulting from the performance of duties as ordered by the seaman's
employer.
(3) To qualify for protection against the seaman's employer under
paragraph (1)(B), the employee must have sought from the employer,
and been unable to obtain, correction of the unsafe condition.
(b) A seaman discharged or otherwise discriminated against in
violation of this section may bring an action in an appropriate
district court of the United States. In that action, the court may
order any appropriate relief, including -
(1) restraining violations of this section;
(2) reinstatement to the seaman's former position with back
pay;
(3) an award of costs and reasonable attorney's fees to a
prevailing plaintiff not exceeding $1,000; and
(4) an award of costs and reasonable attorney's fees to a
prevailing employer not exceeding $1,000 if the court finds that
a complaint filed under this section is frivolous or has been
brought in bad faith.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-295, Sec. 428(a), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: "An
owner, charterer, managing operator, agent, master, or individual
in charge of a vessel may not discharge or in any manner
discriminate against a seaman because the seaman in good faith has
reported or is about to report to the Coast Guard that the seaman
believes that a violation of this subtitle, or a regulation issued
under this subtitle, has occurred."
Subsec. (b)(3), (4). Pub. L. 107-295, Sec. 428(b), added pars.
(3) and (4).
Last modified: April 20, 2006
|
|
