• Employees and employers may obtain judicial review in the U.S. Courts of Appeals.
• EPA may investigate allegations of potential effects on employment resulting from a TSCA requirement.

The Toxic Substances Control Act (TSCA) includes provisions intended to protect employees of regulated entities from retaliation for participating in a proceeding under the Act or from potential effects on employment because of economic costs in implementing the Act. No employer may discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee) has:

• Commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under TSCA;
• Testified or is about to testify in any such proceeding; or
• Assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of TSCA.

TSCA section 23 authorizes the Department of Labor (DOL) to investigate alleged retaliations and provides DOL with administrative and judicial mechanisms to resolve such allegations. If an employee believes that the employer has discriminated against him or her because of the employee’s participation in carrying out TSCA, that employee may file a complaint with the Secretary of Labor. The Labor Secretary shall investigate the alleged discrimination and, if warranted, may order the employer to remedy the effects of any such discriminatory action. Employees and employers may obtain judicial review in the U.S. Courts of Appeals.

TSCA section 24 directs the Environmental Protection Agency (EPA) to investigate allegations of potential effects on employment resulting from a TSCA requirement. In response to a petition by an employee, EPA may hold public hearings concerning job losses or other adverse effects allegedly resulting from a requirement under TSCA. The agency will make public these findings and recommendations.