§ 1790b. — Credit union employee protection remedy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1790b]
TITLE 12--BANKS AND BANKING
CHAPTER 14--FEDERAL CREDIT UNIONS
SUBCHAPTER II--SHARE INSURANCE
Sec. 1790b. Credit union employee protection remedy
(a) In general
(1) Employees of credit unions
No insured credit union may discharge or otherwise discriminate
against any employee with respect to compensation, terms,
conditions, or privileges of employment because the employee (or any
person acting pursuant to the request of the employee) provided
information to the Board or the Attorney General regarding any
possible violation of any law or regulation by the credit union or
any director, officer, or employee of the credit union.
(2) Employees of the Administration
The Administration may not discharge or otherwise discriminate
against any employee (including any employee of the National Credit
Union Central Liquidity Facility) with respect to compensation,
terms, conditions, or privileges of employment because the employee
(or any person acting pursuant to the request of the employee)
provided information to the Administration or the Attorney General
regarding any possible violation of any law or regulation by--
(A) any credit union or the Administration;
(B) any director, officer, committee member, or employee of
any credit union; or
(C) any officer or employee of the Administration.
(b) Enforcement
Any employee or former employee who believes he has been discharged
or discriminated against in violation of subsection (a) of this section
may file a civil action in the appropriate United States district court
before the close of the 2-year period beginning on the date of such
discharge or discrimination. The complainant shall also file a copy of
the complaint initiating such action with the Board.
(c) Remedies
If the district court determines that a violation of subsection (a)
of this section has occurred, it may order the credit union or the
Administration which committed the violation--
(1) to reinstate the employee to his former position,
(2) to pay compensatory damages, or
(3) take other appropriate actions to remedy any past
discrimination.
(d) Limitations
The protections of this section shall not apply to any employee
who--
(1) deliberately causes or participates in the alleged violation
of law or regulation, or
(2) knowingly or recklessly provides substantially false
information to such an agency or the Attorney General.
(June 26, 1934, ch. 750, title II, Sec. 213, as added Pub. L. 101-73,
title IX, Sec. 932(b), Aug. 9, 1989, 103 Stat. 494; amended Pub. L. 102-
242, title II, Sec. 251(b)(1), (2), Dec. 19, 1991, 105 Stat. 2332, 2333;
Pub. L. 102-550, title XVI, Sec. 1604(d), Oct. 28, 1992, 106 Stat.
4084.)
Amendments
1992--Subsec. (a)(2). Pub. L. 102-550 substituted, in subpar. (A),
``union or the'' for ``union the'' and in subpar. (B), ``committee
member, or employee of any credit union'' for ``or employee of any
depository institution or any such bank''.
1991--Subsec. (a). Pub. L. 102-242, Sec. 251(b)(1), substituted ``In
general'' for ``Prohibition against discrimination against
whistleblowers'' in heading and amended text generally. Prior to
amendment, text read as follows: ``No federally insured credit union may
discharge or otherwise discriminate against any employee with respect to
compensation, terms, conditions, or privileges of employment because the
employee (or any person acting pursuant to the request of the employee)
provided information to the Board or to the Attorney General regarding a
possible violation of any law or regulation by the credit union or any
of its officers, directors, or employees.''
Subsec. (c). Pub. L. 102-242, Sec. 251(b)(2), inserted ``or the
Administration'' after ``the credit union''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-550 effective as if included in the Federal
Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102-242,
as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102-550, set out as
a note under section 191 of this title.
Effective Date of 1991 Amendment
Section 251(b)(3) of Pub. L. 102-242 provided that: ``Paragraph (2)
of section 213(a) of the Federal Credit Union Act [12 U.S.C.
1790b(a)(2)] (as added under the amendment made by paragraph (1)) shall
be treated as having taken effect on January 1, 1987, and for purposes
of any cause of action arising under such paragraph (as so effective)
before the date of the enactment of this Act [Dec. 19, 1991], the 2-year
period referred to in section 213(b) of such Act shall be deemed to
begin on such date of enactment.''
Section Referred to in Other Sections
This section is referred to in title 31 section 5328.
