1619 - Prohibition against discharging, disciplining or discriminating against employees.

     § 1619.  Prohibition against discharging, disciplining or                discriminating against employees.        (a)  General rule.--No person shall discharge, discipline or     in any manner discriminate against any employee with respect to     the employee's compensation, terms, conditions or privileges of     employment because such employee, or person acting pursuant to a     request of the employee:            (1)  refuses to operate a commercial motor vehicle which        is not in compliance with the provisions of 67 Pa. Code Ch.        231 (relating to intrastate motor carrier safety        requirements) and existing safety laws; or            (2)  has filed any complaint or instituted or caused to        be instituted any proceeding relating to a violation of a        commercial motor vehicle safety rule, regulation, standard or        order or has testified or is about to testify in any such        proceeding.        (b)  Unsafe conditions.--No person shall discharge,     discipline or in any manner discriminate against an employee     with respect to the employee's compensation, terms, conditions     or privileges of employment for refusing to operate a vehicle     when such operation constitutes a violation of any Federal     rules, regulations, standards or orders applicable to commercial     motor vehicle safety or health, or because of the employee's     reasonable apprehension of serious injury to himself or the     public due to the unsafe condition of such equipment. The unsafe     conditions causing the employee's apprehension of injury must be     of such nature that a reasonable person, under the circumstances     then confronting the employee, would conclude that there is a     bona fide danger of an accident, injury or serious impairment of     health resulting from the unsafe condition. In order to qualify     for protection under this subsection, the employee must have     sought from his employer and have been unable to obtain     correction of the unsafe condition.        (c)  Procedure.--            (1)  Any employee who believes he has been discharged,        disciplined or otherwise discriminated against by any person        in violation of subsection (a) or (b) may, within 180 days        after such alleged violation occurs, file or have filed by        any person on the employee's behalf a complaint with a        magisterial district judge alleging such discharge,        discipline or discrimination. Actions brought under this        section shall be brought in the court of common pleas if the        complaint states a claim for damages in excess of the        jurisdictional limits provided by 42 Pa.C.S. § 1515 (relating        to jurisdiction and venue) and the plaintiff declines to        waive the portion of his claim exceeding the jurisdictional        amount.            (2)  Upon request of the employee, the employer or any        representative of the employee or employer, the Pennsylvania        Public Utility Commission shall assign and direct an        investigator with qualifications in motor vehicle safety        inspections to examine the vehicle or vehicles in question        and render a signed report. Such report shall be prima facie        evidence of the facts and the conclusions contained therein,        and may be introduced in a legal proceeding brought under        this section. Any party may call the investigator as if on        cross examination in a legal proceeding brought under this        section.            (3)  If the magisterial district judge or the court of        common pleas, after notice and hearing, determines that a        violation of subsection (a) or (b) has occurred, the        magisterial district judge or court of common pleas has the        power to and shall order:                (i)  the person who committed such violation to take            affirmative action to abate the violation;                (ii)  such person to reinstate the complainant to the            complainant's former position together with the            compensation, including back pay, terms, conditions and            privileges of the complainant's employment; and                (iii)  compensatory damages.            (4)  If an order is issued under paragraph (3), the        magisterial district judge or court of common pleas issuing        the order, at the request of the complainant, may assess        against the person against whom the order is issued a sum        equal to the aggregate amount of all costs and expenses,        including attorney fees, reasonably incurred by the        complainant for, or in connection with, the bringing of the        complaint upon which the order was issued.        (d)  Review of order.--Any person adversely affected or     aggrieved by an order issued after a hearing under subsection     (c) may obtain review of the order in accordance with the     provisions of 42 Pa.C.S. (relating to judiciary and judicial     procedure).        (e)  Enforcement of order.--Whenever a person has failed to     comply with an order issued under subsection (c)(3), an     aggrieved party may file a civil action or seek an enforcement     order in the court of common pleas for the district in which the     violation was found to occur in order to enforce such order. In     actions brought under this subsection, the court of common pleas     shall have jurisdiction to grant all appropriate relief,     including injunctive relief, reinstatement and compensatory     damages.     (July 10, 1990, P.L.356, No.83, eff. 60 days; Dec. 7, 1990,     P.L.635, No.164, eff. imd.; Nov. 30, 2004, P.L.1618, No.207,     eff. 60 days)        2004 Amendment.  Act 207 amended subsec. (c)(1), (3) and (4).     See sections 28 and 29 of Act 207 in the appendix to this title     for special provisions relating to applicability and     construction of law.        1990 Amendments.  Act 83 added section 1619 and Act 164     amended subsecs. (c), (d) and (e).