§ 2114. Protection of seamen against discrimination

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. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 13(a) · 98 Stat. 2860

   Enacted · 46 U.S.C. § 2114

   Added Pub. L. 98–557, § 13(a), Oct. 30, 1984, 98 Stat. 2863

   Source evidence

   Code source credit
   Added Pub. L. 98–557, § 13(a), Oct. 30, 1984, 98 Stat. 2863

   Enacted provision · exact public law section
   (a) Chapter 21 of title 46, United States Code, is amended by adding at the end thereof the following: “§ 2114. Protection of seamen against discrimination “(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel may not discharge or in any manner discriminate against a seaman because the seaman in good faith has reported or is about to report to the Coast Guard that the seaman believes that a violation of this subtitle, or a regulation issued under this subtitle, has occurred. “(b) A seaman discharged or otherwise discriminated against in violation of this section may bring an action in an appropriate district court of the United States. In that action, the court may order any appropriate relief, including— “(1) restraining violations of this section; and “(2) reinstatement to the seaman’s former position with back pay.”.

2. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 428(a) · 116 Stat. 2064

   Amended · 46 U.S.C. § 2114(a)

   Pub. L. 107–295, § 428(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “An owner, charterer, managing operator, agent, master, or individual in charge of a vessel may not discharge or in any manner discriminate against a seaman because the seaman in good faith has reported or is about to report to the Coast Guard that the seaman believes that a violation of this subtitle, or a regulation issued under this subtitle, has occurred.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–295, § 428(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “An owner, charterer, managing operator, agent, master, or individual in charge of a vessel may not discharge or in any manner discriminate against a seaman because the seaman in good faith has reported or is about to report to the Coast Guard that the seaman believes that a violation of this subtitle, or a regulation issued under this subtitle, has occurred.”

   Enacted provision · exact public law section
   (a) In General.— Section 2114(a) of title 46, United States Code, is amended to read as follows: “(a) (1) A person may not discharge or in any manner discriminate against a seaman because— “(A) the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred; or “(B) the seaman has refused to perform duties ordered by the seaman’s employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public. “(2) The circumstances causing a seaman’s apprehension of serious injury under paragraph (1)(B) must be of such a nature that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as ordered by the seaman’s employer. “(3) To qualify for protection against the seaman’s employer under paragraph (1)(B), the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.”.

3. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 428(b) · 116 Stat. 2064

   Added · 46 U.S.C. § 2114(b)(3); 46 U.S.C. § 2114(b)(4)

   Pub. L. 107–295, § 428(b), added pars. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (b)(3), (4). Pub. L. 107–295, § 428(b), added pars. (3) and (4).

   Enacted provision · exact public law section
   (b) Appropriate Relief.— Section 2114(b) of such title is amended— (1) in paragraph (1) by striking “and” at the end; (2) in paragraph (2) by striking the period and inserting a semicolon; and (3) by adding at the end the following: “(3) an award of costs and reasonable attorney’s fees to a prevailing plaintiff not exceeding $1,000; and “(4) an award of costs and reasonable attorney’s fees to a prevailing employer not exceeding $1,000 if the court finds that a complaint filed under this section is frivolous or has been brought in bad faith.”.

4. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 611(a)(1) · 124 Stat. 2905

   Added · 46 U.S.C. § 2114(a)(1)(C)(G)

   Pub. L. 111–281, § 611(a)(1)–(3), added subpars. (C) to (G)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C) to (G). Pub. L. 111–281, § 611(a)(1)–(3), added subpars. (C) to (G).

   Enacted provision · exact public law section
   (1) in subsection (a)(1)(A), by striking “or” after the semicolon;

5. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 611(a)(4) · 124 Stat. 2905

   Amended · 46 U.S.C. § 2114(b)

   Pub. L. 111–281, § 611(a)(4), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A seaman discharged or otherwise discriminated against in violation of this section may bring an action in an appropriate district court of the United States. In that action, the court may order any appropriate relief, including—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–281, § 611(a)(4), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A seaman discharged or otherwise discriminated against in violation of this section may bring an action in an appropriate district court of the United States. In that action, the court may order any appropriate relief, including—

   “(1) restraining violations of this section; “(2) reinstatement to the seaman’s former position with back pay; “(3) an award of costs and reasonable attorney’s fees to a prevailing plaintiff not exceeding $1,000; and “(4) an award of costs and reasonable attorney’s fees to a prevailing employer not exceeding $1,000 if the court finds that a complaint filed under this section is frivolous or has been brought in bad faith.”

   Enacted provision · exact public law section
   (4) by amending subsection (b) to read as follows: “(b) A seaman alleging discharge or discrimination in violation of subsection (a) of this section, or another person at the seaman’s request, may file a complaint with respect to such allegation in the same manner as a complaint may be filed under subsection (b) of section 31105 of title 49. Such complaint shall be subject to the procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the right of a person to file for a petition for review under subsection (c) of that section, and the requirement to bring a civil action under subsection (d) of that section.” .

6. 2022

   Don Young Coast Guard Authorization Act of 2022

   Pub. L. 117–263 § 11605(1) · 136 Stat. 2395

   1. Added · 46 U.S.C. § 2114(a)(1)(B)(H)

      Pub. L. 117–263, § 11605(1), added subpar. (B)

   2. Redesignated · 46 U.S.C. § 2114(a)(1)(B)(H)

      Pub. L. 117–263, § 11605(1), redesignated former subpars. (B) to (G) as (C) to (H), respectively

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B) to (H). Pub. L. 117–263, § 11605(1), added subpar. (B) and redesignated former subpars. (B) to (G) as (C) to (H), respectively.

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and (B) by inserting after subparagraph (A) the following: “(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman;” ; and

7. 2022

   Don Young Coast Guard Authorization Act of 2022

   Pub. L. 117–263 § 11605(2) · 136 Stat. 2395

   Substituted · 46 U.S.C. § 2114(a)(2); 46 U.S.C. § 2114(a)(3)

   Pub. L. 117–263, § 11605(2), substituted “paragraph (1)(C)” for “paragraph (1)(B)”

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 117–263, § 11605(2), substituted “paragraph (1)(C)” for “paragraph (1)(B)”.

   Enacted provision · exact public law section
   (2) in paragraphs (2) and (3) by striking “paragraph (1)(B)” and inserting “paragraph (1)(C)”.

8 of 8 references resolved to an enrolled provision