12-U.S.C.-1790B
§1790B – Credit Union Employee Protection Remedy
Pathway
Title 12 > Chapter 14 > Subchapter II > Section 1790b
Details
- Reference: Section 1790b
- Legend: §1790B – Credit Union Employee Protection Remedy
- USCode Year: 2013
Provision Content
(a) In general
(1) Employees of credit unions
No insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Board or the Attorney General regarding any possible violation of any law or regulation by the credit union or any director, officer, or employee of the credit union.
(2) Employees of the Administration
The Administration may not discharge or otherwise discriminate against any employee (including any employee of the National Credit Union Central Liquidity Facility) with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Administration or the Attorney General regarding any possible violation of any law or regulation by—
(A) any credit union or the Administration;
(B) any director, officer, committee member, or employee of any credit union; or
(C) any officer or employee of the Administration.
(b) Enforcement
Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) of this section may file a civil action in the appropriate United States district court before the close of the 2-year period beginning on the date of such discharge or discrimination. The complainant shall also file a copy of the complaint initiating such action with the Board.
(c) Remedies
If the district court determines that a violation of subsection (a) of this section has occurred, it may order the credit union or the Administration which committed the violation—
(1) to reinstate the employee to his former position,
(2) to pay compensatory damages, or
(3) take other appropriate actions to remedy any past discrimination.
(d) Limitations
The protections of this section shall not apply to any employee who—
(1) deliberately causes or participates in the alleged violation of law or regulation, or
(2) knowingly or recklessly provides substantially false information to such an agency or the Attorney General.
(June 26, 1934, ch. 750, title II, §213, as added Pub. L. 101–73, title IX, §932(b), Aug. 9, 1989, 103 Stat. 494; amended Pub. L. 102–242, title II, §251(b)(1), (2), Dec. 19, 1991, 105 Stat. 2332, 2333; Pub. L. 102–550, title XVI, §1604(d), Oct. 28, 1992, 106 Stat. 4084.)
Amendments
1992—Subsec. (a)(2). Pub. L. 102–550 substituted, in subpar. (A), union or the for union the and in subpar. (B), committee member, or employee of any credit union for or employee of any depository institution or any such bank.
1991—Subsec. (a). Pub. L. 102–242, §251(b)(1), substituted In general for Prohibition against discrimination against whistleblowers in heading and amended text generally. Prior to amendment, text read as follows: No federally insured credit union may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) provided information to the Board or to the Attorney General regarding a possible violation of any law or regulation by the credit union or any of its officers, directors, or employees.
Subsec. (c). Pub. L. 102–242, §251(b)(2), inserted or the Administration after the credit union.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–550 effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see section 1609(a) of Pub. L. 102–550, set out as a note under section 191 of this title.
Effective Date of 1991 Amendment
Pub. L. 102–242, title II, §251(b)(3), Dec. 19, 1991, 105 Stat. 2333, provided that: Paragraph (2) of section 213(a) of the Federal Credit Union Act [12 U.S.C. 1790b(a)(2)] (as added under the amendment made by paragraph (1)) shall be treated as having taken effect on January 1, 1987, and for purposes of any cause of action arising under such paragraph (as so effective) before the date of the enactment of this Act [Dec. 19, 1991], the 2-year period referred to in section 213(b) of such Act shall be deemed to begin on such date of enactment.
U.S. Encyclopedia of Law Coverage
12-U.S.C.-1772D in the Legal Encyclopedia: Banking Law
In this entry about 12-U.S.C.-1772D, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
12-U.S.C.-1786 in the Legal Encyclopedia: Credit Institutions
In this entry about 12-U.S.C.-1786, find legal reference material, bibliographies and premiere content related to credit institutions in the American Encyclopedia of Law, presenting a comprehensive view of the United States credit institutions-specific issues, written by authorities in the field.
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