Purpose and scope

The purpose of Part 1979 is to implement employee-protection procedures under AIR21 that prevent discrimination when employees report safety violations. See Purpose in 1979.100(a).

• Part 1979 implements section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
• It protects employees from discrimination by air carriers, contractors, or subcontractors because they engaged in protected activity involving FAA orders, regulations, standards, or other federal air carrier safety laws.
• This protection is focused on encouraging reporting and enforcement of air carrier safety requirements.

Employees who engage in protected activity relating to air carrier safety are protected from discrimination by air carriers, contractors, or subcontractors. See Protections in 1979.100(a).

• Protection covers employees of air carriers and employees of contractors or subcontractors of air carriers.
• "Protected activity" means actions related to alleged or actual violations of FAA orders, regulations, standards, or other federal laws concerning air carrier safety.

Protected activity under this part includes engaging in actions pertaining to a violation or alleged violation of FAA orders, regulations, standards, or other federal laws relating to air carrier safety. See Scope in 1979.100(a).

• Examples include reporting safety issues, cooperating with FAA investigations, or complaining about violations of federal air-safety rules.
• The statute covers both actual violations and allegations of violations (i.e., reasonable reports).

Air carriers, contractors, and subcontractors of air carriers can be held responsible for discriminating against employees who engage in protected activity. See Responsible parties in 1979.100(a).

• This includes an air carrier directly and companies that perform work for air carriers (contractors or subcontractors).
• The protection applies whether the discriminatory act comes from the air carrier or from a contractor/subcontractor associated with the air carrier.

An employee or a person acting on the employee’s behalf may submit a discrimination complaint under Part 1979. See Filing in 1979.100(b).

• A person acting on behalf of an employee can be, for example, a union representative, attorney, or family member.
• Complaints must follow the procedures established in Part 1979 and related rules for handling AIR21 complaints.

Part 1979 establishes procedures for submission, investigation, issuance of findings and preliminary orders, objections, administrative litigation, post-hearing review, and withdrawals or settlements. See Procedures listed in 1979.100(b).

• These rules are designed for expeditious handling of complaints.
• The Part works together with other rules (for example, the adjudicatory procedures referenced in 29 CFR part 18) to manage hearings and appeals.

"Expeditious handling" means the Part sets procedures intended to move complaints promptly through filing, investigation, interim orders, hearings, and review to resolution. See Expeditious handling in 1979.100(b).

• The rule requires timelines and procedures to reduce unnecessary delay.
• Expeditious handling helps protect employees quickly when alleged retaliation occurs and preserves evidence and witness availability.

Yes, Part 1979 includes procedures for withdrawal and settlement of AIR21 complaints. See Settlement and withdrawal in 1979.100(b).

• Complainants and respondents may negotiate settlements consistent with the Part’s procedures.
• Withdrawals are allowed following the Part’s rules and may require notification or documentation as specified in the procedures.

Protections apply to FAA orders, regulations, and standards as well as any other provision of Federal law relating to air carrier safety. See Covered laws in 1979.100(a).

• This means reporting violations of other federal safety statutes or requirements that affect air carrier safety can also be protected.
• The key is that the law or requirement relates to air carrier safety.

Part 1979 explicitly includes stages for complaint submission, investigation, issuance of findings and preliminary orders, objections, administrative litigation before an administrative law judge, and post-hearing administrative review. See Stages in 1979.100(b).

• These stages create a formal path from initial filing through potential hearing and review.
• The process is intended to be thorough but handled promptly to protect employees and employers fairly.

Yes, the protection covers employees who engage in protected activity concerning an alleged violation as well as an actual violation. See Alleged violations in 1979.100(a).

• That means honest reporting or raising concerns in good faith about possible violations is protected even if the allegation is not ultimately proven.
• Protection focuses on the act of reporting or raising safety concerns, not the final legal determination.

Investigations and issuance of findings and preliminary orders are handled according to the procedures set forth by Part 1979, which provide for agency investigation and administrative adjudication. See Investigation and findings in 1979.100(b).

• The Part provides the process for investigators and adjudicators to examine complaints and issue findings.
• Where hearings are needed, the procedure includes litigation before administrative law judges and subsequent administrative review.

Yes, Part 1979 works together with other procedural rules, such as those codified at 29 CFR part 18, to govern hearings and appeals in AIR21 cases. See Procedural coordination in 1979.100(b).

• Administrative litigation and post-hearing administrative review follow the procedures established in Part 1979 and applicable adjudicatory rules.
• Parties should consult both Part 1979 and the referenced adjudicatory rules when preparing for hearings or appeals.

Part 1979 protects employees who engage in protected activity; it also allows complaints to be filed by persons acting on an employee’s behalf under the procedures of the Part. See Filing by third parties referenced in 1979.100(b) and Protection description in 1979.100(a).

• A third party (such as a union rep or attorney) may submit a complaint on behalf of the employee.
• The underlying protection targets the employee’s protected activity, so actions taken on the employee’s behalf are part of the complaint process.

Part 1979 covers air carriers and their contractors and subcontractors with respect to discrimination against employees for protected activity involving air carrier safety. See Covered employers in 1979.100(a) and Procedural scope in 1979.100(b).

• All three categories—air carriers, contractors, and subcontractors—are within the rule’s reach where their actions amount to discrimination tied to protected activity.
• The Part’s procedures apply to complaints involving these employers to ensure consistent handling under AIR21.