Employer discrimination prohibitions

Under 1981.102(a), an employer may not discharge or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee engaged in protected activities.

• This means firing, demoting, cutting pay, or changing working conditions as punishment for protected activity is prohibited.
• See also the list of prohibited actions described in 1981.102(b).

Under 1981.102(b)(1), disclosures to the employer or the Federal Government about violations (or alleged violations) of pipeline-safety laws or other federal pipeline-safety requirements are protected.

• Protection covers information an employee has already provided, is providing, or is about to provide.
• The disclosure can concern violations of chapter 601, subtitle VIII of title 49 U.S.C. or any other federal law relating to pipeline safety.

Under 1981.102(b)(2), an employee who refuses to engage in a practice made unlawful by pipeline-safety laws is protected from retaliation if the employee has identified the alleged illegality to the employer.

• The protection requires that the employee notify the employer that the practice is allegedly illegal; simply refusing without informing the employer may not trigger protection.
• The refusal must relate to a practice that is unlawful under chapter 601, subtitle VIII of title 49 U.S.C. or other federal pipeline-safety law.

Under 1981.102(b)(3), employees are protected from retaliation for providing testimony before Congress or at any Federal or State proceeding regarding pipeline-safety laws or enforcement.

• Protection applies whether the testimony concerns existing provisions or proposed provisions of chapter 601, subtitle VIII of title 49 U.S.C., or any other federal pipeline-safety law.
• It also covers testimony in proceedings for administration or enforcement of pipeline-safety requirements.

Under 1981.102(b)(4), an employee is protected from retaliation for commencing—or causing to be commenced—a proceeding under chapter 601 or any other federal law relating to pipeline safety, including enforcement or administrative proceedings.

• ‘‘Commencing’’ covers initiating lawsuits, formal complaints, or other formal enforcement actions tied to pipeline-safety law.
• Protection also covers situations where an employee causes another party to start such a proceeding on their behalf.

Under 1981.102(b)(5), employees are protected from discrimination for assisting, participating in, or being about to assist or participate in a proceeding or other action to carry out the purposes of federal pipeline-safety laws.

• This includes help such as providing documents, giving witness statements, advising coworkers, or otherwise supporting enforcement or administrative actions.
• The protection covers both past assistance and steps taken in preparation to assist.

Under 1981.102(b), it is a violation for an employer to intimidate, threaten, restrain, coerce, blacklist, discharge, or otherwise discriminate against an employee for engaging in protected activities.

• Examples include threats of firing, actual termination, removing favorable shifts, blacklisting an employee so they can’t find other work, or any other adverse employment action linked to protected activity.
• Any policy or action that has the effect of discouraging reporting or participation in enforcement proceedings can be unlawful under this provision.

Under 1981.102(a), the protection explicitly covers any person acting pursuant to the employee's request, so an employee cannot be discriminated against because a representative (for example, a union rep, attorney, or family member acting at the employee’s request) engaged in protected activity on the employee’s behalf.

• This means employers cannot retaliate against employees for having a third party report violations, testify, or pursue proceedings at the employee’s direction.
• The provision protects the employee’s employment terms even when others act for them.

Under 1981.102(b)(1), the text specifically protects disclosures to the employer or the Federal Government about violations of federal pipeline-safety laws.

• The regulation explicitly mentions the employer and the Federal Government; it does not expressly state that reporting only to a State agency is covered by this clause.
• If you plan to rely on protection for a State-only report, consult relevant enforcement guidance or legal counsel because this provision is focused on disclosures to the employer or federal authorities.

Under 1981.102(b)(1), an employee is protected for providing, causing to be provided, or being about to provide information relating to pipeline-safety violations to the employer or the Federal Government.

• This means mere preparatory steps—when an employee is about to report or provide information—are within the protection.
• Employers cannot lawfully retaliate for an employee’s intent or preparations to make a protected disclosure.

Under 1981.102(b)(2), the employee must refuse to engage in a practice made unlawful by pipeline-safety law and must have identified the alleged illegality to the employer to qualify for protection.

• Simply refusing without advising the employer that the practice is allegedly illegal may not be protected under this clause.
• Make a clear statement to the employer that the practice is believed to be illegal; document the notice if possible.

Under 1981.102(b)(3)–(b)(5), protection covers testimony or participation in congressional, federal, or state proceedings related to chapter 601, subtitle VIII of title 49 U.S.C. or other federal pipeline-safety laws, and also covers commencing or assisting proceedings or other actions to carry out pipeline-safety purposes.

• Covered proceedings include legislative testimony, regulatory hearings, administrative enforcement actions, and formal court proceedings tied to federal pipeline-safety laws.
• Protection applies whether the employee is testifying, initiating the action, or helping others participate.

Under 1981.102(b), any employer policy that effectively intimidates, coerces, or penalizes employees for contacting federal authorities about pipeline-safety violations would be unlawful.

• Employers may encourage internal reporting, but they cannot enforce a blanket ban or punish employees for reporting to the Federal Government because 1981.102(b)(1) protects disclosures to federal authorities.
• A legitimate internal policy should not deter protected disclosures or be used to justify retaliation.

Under 1981.102(b), "blacklist" refers to actions that prevent an employee from obtaining future employment or otherwise harming their ability to work because they engaged in protected activity.

• Examples include circulating negative information to other employers to block hiring, refusing to provide neutral employment references because of protected activity, or using exclusionary hiring practices targeted at the employee.
• Any such practice taken as retaliation for protected activity can violate this provision.

Under 1981.102(a), protection covers discrimination with respect to an employee’s compensation, terms, conditions, or privileges of employment, so adverse changes like shift assignments, benefits reductions, or disciplinary actions tied to protected activity are prohibited.

• Employers cannot lawfully alter scheduling, pay, benefits, or other employment conditions in retaliation for protected disclosures or participation.
• Any adverse change that is motivated by the employee’s protected activity can be actionable under this section.

Under 1981.102(b)(5), discriminatory actions meant to prevent or punish assistance or participation in proceedings are covered, and that can include informal actions such as exclusion from meetings if those actions are intended to retaliate or deter participation.

• Retaliatory conduct need not be a formal discharge to be unlawful; exclusion, ostracism, or reduced responsibilities tied to protected activity can be retaliatory.
• Evaluate whether the action is linked to the protected activity—if so, it may violate the provision.

Under 1981.102, an employer should not retaliate and should take the employee’s concern seriously by investigating, documenting findings, and addressing safety issues without penalizing the reporter.

• Keep records of the report and any follow-up actions, maintain confidentiality where appropriate, and communicate nonretaliation to the employee.
• Avoid disciplinary actions or adverse changes in employment terms that could be perceived as linked to the protected activity.