TITLE 33 > CHAPTER 18 > § 948a

 
                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.