§ 948a. — Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC948a]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 18--LONGSHORE AND HARBOR WORKERS' COMPENSATION
Sec. 948a. Discrimination against employees who bring
proceedings; penalties; deposit of payments in special fund;
civil actions; entitlement to restoration of employment and
compensation, qualifications requirement; liability of employer
for penalties and payments; insurance policy exemption from
liability
It shall be unlawful for any employer or his duly authorized agent
to discharge or in any other manner discriminate against an employee as
to his employment because such employee has claimed or attempted to
claim compensation from such employer, or because he has testified or is
about to testify in a proceeding under this chapter. The discharge or
refusal to employ a person who has been adjudicated to have filed a
fraudulent claim for compensation is not a violation of this section.
Any employer who violates this section shall be liable to a penalty of
not less than $1,000 or more than $5,000, as may be determined by the
deputy commissioner. All such penalties shall be paid to the deputy
commissioner for deposit in the special fund as described in section 944
of this title, and if not paid may be recovered in a civil action
brought in the appropriate United States district court. Any employee so
discriminated against shall be restored to his employment and shall be
compensated by his employer for any loss of wages arising out of such
discrimination: Provided, That if such employee shall cease to be
qualified to perform the duties of his employment, he shall not be
entitled to such restoration and compensation. The employer alone and
not his carrier shall be liable for such penalties and payments. Any
provision in an insurance policy undertaking to relieve the employer
from the liability for such penalties and payments shall be void.
(Mar. 4, 1927, ch. 509, Sec. 49, as added Pub. L. 92-576, Sec. 19, Oct.
27, 1972, 86 Stat. 1263; amended Pub. L. 98-426, Sec. 26, Sept. 28,
1984, 98 Stat. 1654.)
Amendments
1984--Pub. L. 98-426 inserted after first sentence ``The discharge
or refusal to employ a person who has been adjudicated to have filed a
fraudulent claim for compensation is not a violation of this section.'',
substituted ``$1,000'' for ``$100'', and substituted ``$5,000'' for
``$1,000''.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-426 effective Sept. 28, 1984, see section
28(e)(1) of Pub. L. 98-426, set out as a note under section 901 of this
title.
Effective Date
Section effective 30 days after Oct. 27, 1972, see section 22 of
Pub. L. 92-576, set out as an Effective Date of 1972 Amendment note
under section 902 of this title.
Section Referred to in Other Sections
This section is referred to in title 30 section 932.
