§ 948a. Discrimination against employees who bring proceedings; penalties; deposit of payments in special fund; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1927

   Longshoremen’s and Harbor Workers’ Compensation Act Amendments of 1972

   Pub. L. 92–576 § 19 · 86 Stat. 1251

   Enacted · 33 U.S.C. § 948a

   Mar. 4, 1927, ch. 509, § 49, as added Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263

   Source evidence

   Code source credit
   Mar. 4, 1927, ch. 509, § 49, as added Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263

   Enacted provision · exact public law section
   Sec. 19. prohibition against certain discrimination against employees The Longshoremen’s and Harbor Workers’ Compensation Act is further amended by redesignating sections 49, 50, and 51 as 44 Stat. 1446. 33 USC 949, 950. sections 50, 51, and 52, respectively, and by inserting immediately after section 48 the following new section: “Sec. 49. “discrimination against employees who bring proceedings It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because Ire has testified or is about to testify in a proceeding under this Act. Penalty. Any employer who violates this section shall be liable to a penalty of not less than $100 or more than $1,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section Ante, p. 1256. 44, and if not paid max’ be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That, if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void.”

2. 1984

   Longshore and Harbor Workers’ Compensation Act Amendments of 1984

   Pub. L. 98–426 § 26 · 98 Stat. 1639

   1. Inserted · 33 U.S.C. § 948a

      Pub. L. 98–426 inserted after first sentence “The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.”

   2. Substituted · 33 U.S.C. § 948a

      Pub. L. 98–426 substituted “$1,000” for “$100”

   3. Substituted · 33 U.S.C. § 948a

      Pub. L. 98–426 substituted “$5,000” for “$1,000”

   Source evidence

   Code amendment note
   Pub. L. 98–426 inserted after first sentence “The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.”, substituted “$1,000” for “$100”, and substituted “$5,000” for “$1,000”.

   Enacted provision · exact public law section
   Sec. 26. discrimination against employees who bring proceedings (a) Section 49 is amended by inserting after the first sentence the following new sentence: “The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.”. (b) The second sentence of section 49 is amended— (1) by striking out “$100” and inserting in lieu thereof “$1,000”; and (2) by striking out “$1,000” and inserting in lieu thereof “$5,000”.

   Effective date note
   Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

4 of 4 references resolved to an enrolled provision