Subpart A
No — an air carrier or its contractor cannot discharge or otherwise discriminate against an employee for reporting a safety violation. Under 1979.102(a), employers may not discriminate against employees with respect to their "compensation, terms, conditions, or privileges of employment" because the employee engaged in the protected activities listed in paragraph (b).
Yes — providing information about a potential violation is protected even if the information is given to the Federal Government or the employer. 1979.102(b)(1) protects employees who have "Provided, caused to be provided, or is about to provide" information relating to any violation or alleged violation of FAA orders, regulations, or other Federal air safety laws.
Yes — filing or preparing to file a proceeding about a safety violation is a protected activity. 1979.102(b)(2) explicitly protects employees who have "Filed, caused to be filed, or is about to file" a proceeding related to FAA or other Federal air carrier safety law violations.
Yes — testifying in a proceeding is protected regardless of the employer's view of the testimony. 1979.102(b)(3) protects employees who "Testified or is about to testify" in proceedings concerning FAA or other Federal air safety laws.
Yes — assisting or participating in a safety proceeding on behalf of another is protected activity. 1979.102(b)(4) protects employees who have "Assisted or participated or is about to assist or participate" in such proceedings.
Yes — the protection covers actions taken by another person acting at the employee's request. 1979.102(a) states that discrimination because the employee "or any person acting pursuant to the employee's request" engaged in protected activities is prohibited.
The rule lists several specific prohibited actions, including intimidation, threats, restraint, coercion, blacklisting, discharge, or any other discrimination. 1979.102(b) makes it a violation for an air carrier or contractor to take any of these actions because an employee engaged in protected activity.
No — the protection does not apply to employees who deliberately cause a violation when acting without direction from the employer. 1979.102(c) excludes employees who, "acting without direction from an air carrier, contractor, or subcontractor," deliberately cause a violation of air carrier safety requirements.
Yes — changes to pay or benefits are covered forms of discrimination. 1979.102(a) prohibits discrimination against employees "with respect to the employee's compensation, terms, conditions, or privileges of employment" for engaging in protected activities.
No — the activity is protected whether the employee already informed the employer or is about to provide information with the employer's knowledge. 1979.102(b)(1) protects providing or preparing to provide information "with any knowledge of the employer," which covers disclosures the employer knows about and those the employee is about to make.
Yes — contractors and subcontractors are subject to the same prohibitions against retaliation. 1979.102(a) and 1979.102(b) explicitly apply to "any air carrier or contractor or subcontractor of an air carrier."
Yes — blacklisting is explicitly forbidden as a form of retaliation. 1979.102(b) lists "blacklist" among actions that constitute violations when motivated by an employee's protected activity.
No — protection applies before, during, and in preparation for proceedings. 1979.102(b)(2) protects employees who have "Filed, caused to be filed, or is about to file" a proceeding, and 1979.102(b)(3)–(4) protects those who "Testified or is about to testify" or who have "Assisted or participated or is about to assist or participate," which covers preparatory and anticipated actions.
Yes — assisting an investigation or participating in a proceeding is protected. 1979.102(b)(4) protects employees who have "Assisted or participated" in proceedings relating to air carrier safety laws.
It means the exclusion applies when an employee alone and without employer instruction deliberately causes a safety violation. 1979.102(c) states the part "shall have no application to any employee ... who, acting without direction from an air carrier, contractor, or subcontractor ... deliberately causes a violation" of air safety requirements.
Yes — informal changes that affect terms or conditions of employment are covered. 1979.102(a) prohibits discrimination with respect to an employee's "terms, conditions, or privileges of employment," which includes shift assignments and schedules when taken because of protected activity.
Yes — threats are expressly listed as a prohibited form of retaliation. 1979.102(b) prohibits "intimidate, threaten, restrain, coerce, blacklist, discharge or in any other manner discriminate" against an employee for protected activities.
Disciplinary action for legitimate, unrelated performance issues can still be lawful, but employers must not use performance claims as a pretext to punish protected activity. 1979.102(a) prohibits discrimination because of protected activity; employers should document valid, nonretaliatory reasons for discipline to avoid violating the rule.
Yes — preparing to provide information is a protected activity and firing someone for that is prohibited. 1979.102(b)(1) protects employees who have "Provided, caused to be provided, or is about to provide" information related to FAA or other federal air safety laws.
Yes — participation in protected activities is covered regardless of the employee's representative status. 1979.102(b)(4) protects employees who "Assisted or participated" in proceedings, which includes union representatives acting on or with the employee's behalf.