Energy Reorganization Act rights

The ERA covers employees of the Nuclear Regulatory Commission (NRC), the Department of Energy (DOE), their licensees, applicants, and contractors and subcontractors of those entities. This coverage is listed in Your Rights Under the Energy Reorganization Act.

• Covered employers include the NRC and DOE themselves.
• Also covered are NRC licensees and applicants and their contractors and subcontractors.
• Contractors and subcontractors of the DOE under the Atomic Energy Act (AEA) are also covered.

(See Your Rights Under the Energy Reorganization Act for the full listing.)

Protected activity includes notifying an employer of an alleged violation of the ERA or AEA, refusing to engage in an unlawful practice, testifying in relevant proceedings, commencing proceedings under the ERA, assisting in such proceedings, and similar actions. This is defined in Your Rights Under the Energy Reorganization Act.

• Notifying your employer of an alleged ERA or AEA violation.
• Refusing to do work that would violate the ERA or AEA.
• Testifying before Congress or in any federal/state proceeding about ERA/AEA provisions.
• Starting or causing a proceeding under the ERA or for enforcing ERA requirements.
• Testifying in or assisting such proceedings or actions to carry out ERA/AEA purposes.

(See Your Rights Under the Energy Reorganization Act for details.)

Employers may not intimidate, threaten, restrain, coerce, blacklist, fire, or otherwise retaliate against employees for engaging in protected ERA activity. This prohibition is stated in Your Rights Under the Energy Reorganization Act.

• Examples include termination, demotion, blacklisting, threats, or any other form of retaliation.
• The phrase "or in any other manner retaliating against you" makes the protection broad—retaliation can be any adverse action tied to protected activity.

(See Your Rights Under the Energy Reorganization Act.)

You must file an ERA retaliation complaint within 180 days of the alleged retaliatory action. That time limit is stated in Your Rights Under the Energy Reorganization Act.

• The complaint may be filed orally or in writing.
• If you miss the 180-day deadline, you may lose the ability to have OSHA process the claim, so file promptly.

(See Your Rights Under the Energy Reorganization Act.)

ERA complaints may be filed in any language and may be submitted orally or in writing; the filing date is the postmark, facsimile transmittal, e-mail communication, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office. These rules are provided in Your Rights Under the Energy Reorganization Act.

• OSHA will accept complaints in any language.
• Methods that establish the filing date include mail postmark, fax, email, phone call, hand-delivery, commercial carrier delivery, or in-person filing.

(See Your Rights Under the Energy Reorganization Act for the full list.)

You should file an ERA retaliation complaint with the nearest local OSHA office, the Office of the Assistant Secretary for OSHA in Washington, D.C., or send it to the U.S. Department of Labor; the locations are specified in Your Rights Under the Energy Reorganization Act.

• Complaints may be filed at or sent to the nearest OSHA local office.
• You may also send the complaint to the Office of the Assistant Secretary, OSHA, U.S. Department of Labor, Washington, D.C. 20210.

(See Your Rights Under the Energy Reorganization Act for filing instructions.)

If the Department of Labor has not issued a final decision within one year of filing, you may file the complaint in district court for de novo review, provided the delay was not caused by your bad faith. This right is described in Your Rights Under the Energy Reorganization Act.

• Filing in district court gives you a fresh (de novo) review of the claim.
• The one-year right is conditioned on the delay not being due to the complainant's bad faith.

(See Your Rights Under the Energy Reorganization Act for this procedural detail.)

Yes—employers covered by the ERA are required to display the ERA poster where employees can readily see it. The requirement appears in Your Rights Under the Energy Reorganization Act.

• Display the poster in common areas such as break rooms, bulletin boards, or other places employees normally see notices.
• Ensure the poster remains visible and legible so employees know their rights and how to file complaints.

(See Your Rights Under the Energy Reorganization Act.)

Yes, refusing to engage in any practice made unlawful by the ERA or the AEA is protected activity and cannot be the basis for retaliation. This protection is explicitly listed in Your Rights Under the Energy Reorganization Act.

• The refusal must be related to a practice made unlawful by the ERA or AEA.
• Employers cannot intimidate, coerce, or fire employees for such refusals.

(See Your Rights Under the Energy Reorganization Act.)

Yes, testifying before Congress or at any federal or state proceeding regarding ERA or AEA provisions or proposals is protected activity under the ERA. This protection is listed in Your Rights Under the Energy Reorganization Act.

• Testimony before Congress, administrative bodies, or courts related to ERA/AEA is covered.
• Being about to testify or assisting others who testify is also protected.

(See Your Rights Under the Energy Reorganization Act.)

Yes, a person acting at an employee's request who notifies the employer of an alleged ERA or AEA violation is engaged in protected activity under the ERA. This is stated in Your Rights Under the Energy Reorganization Act.

• Protection covers individuals who report on behalf of an employee when acting at that employee's request.
• The same prohibition on retaliation applies to those acting on an employee's behalf.

(See Your Rights Under the Energy Reorganization Act.)

Yes, contractors and subcontractors of NRC licensees and applicants are covered by the ERA protections. This coverage is spelled out in Your Rights Under the Energy Reorganization Act.

• Both licensees and applicants for NRC licenses and their contractors/subcontractors are included.
• The same protected activities and anti-retaliation rules apply to these workers.

(See Your Rights Under the Energy Reorganization Act.)

The phrase means retaliation is not limited to the listed examples—any adverse action tied to protected ERA activity may be unlawful retaliation. That broad protection is included in Your Rights Under the Energy Reorganization Act.

• Adverse actions can include subtle or overt measures: unfavorable scheduling, exclusion from meetings, denial of training, or discipline tied to protected activity.
• Employers should avoid any negative employment action or atmosphere that could be seen as punishment for protected conduct.

(See Your Rights Under the Energy Reorganization Act for the statutory language.)

Yes, assisting or participating in ERA proceedings or in actions to carry out the purposes of the ERA or AEA is protected activity and cannot be the basis for retaliation. This protection is described in Your Rights Under the Energy Reorganization Act.

• Assistance includes providing testimony, documents, or other participation in investigations or proceedings.
• Protection covers both current and prospective participation (e.g., when you are about to testify).

(See Your Rights Under the Energy Reorganization Act.)