FDIC Law, Regulations, Related Acts
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1000 - Federal Deposit Insurance Act
SEC. 33. DEPOSITORY INSTITUTION EMPLOYEE PROTECTION REMEDY.
(a) In general.--
by the depository institution or any director, officer, or employee of the institution.
[Codified to 12 U.S.C. 1831j(a)]
[Source: Section 2[33(a)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 932(a) of title IX of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 494), effective August 9, 1989; as amended by section 251(a)(1) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2332), effective December 19, 1991; sections 21(a)(1)(A) and 21(a)(2)(A)--(E) of the Act of December 17, 1993 (Pub. L. No. 103--204; 107 Stat. 2406), effective December 17, 1993]
(b) Enforcement.--Any employee or former employee who believes he has been discharged or discriminated against in violation of subsection (a) 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 appropriate Federal banking agency.
[Codified to 12 U.S.C. 1831j(b)]
[Source: Section 2[33(b)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 932(a) of title IX of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 494), effective August 9, 1989]
(c) Remedies.--If the district court determines that a violation of subsection (a) has occurred, it may order the depository institution, Federal home loan bank, Federal Reserve bank, or Federal banking agency which committed the violation--
[Codified to 12 U.S.C. 1831j(c)]
[Source: Section 2[33(c)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 932(a) of title IX of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 494), effective August 9, 1989; as amended by section 251(a)(2) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2332), effective December 19, 1991; section 602(a)(61) of title VI of the Act of September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2291), effective September 23, 1994]
(d) Limitation.--The protections of this section shall not apply to any employee who--
[Codified to 12 U.S.C. 1831j(d)]
[Source: Section 2[33(d)] of the Act of September 21, 1950 (Pub. L. No. 797), effective September 21, 1950, as added by section 932(a) of title IX of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 494), effective August 9, 1989]
(e) Federal Banking Agency Defined.--For purposes of subsections (a) and (c), the term "Federal banking agency" means the Corporation, the Board of Governors of the Federal Reserve System, the Federal Housing Finance Agency and the Comptroller of the Currency.
[Codified to 12 U.S.C. 1831j(e)]
[Source: Section 2[33(e)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 882), effective September 21, 1950, as added by section 251(a)(3) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2332), effective December 19, 1991; section 363(10) of title III of the Act of July 21, 2010 (Pub.L. No. 111--203; 124 Stat. 1555), effective July 21, 2010]
(f) Burdens of Proof.--The legal burdens of proof that prevail under subchapter III of chapter 12 of title 5, United States Code shall govern adjudication of protected activities under this section.
[Codified to 12 U.S.C. 1831j(f)]
[Source: Section 2[33(f)] of the Act of September 21, 1950 (Pub. L. No. 797; 64 Stat. 882), effective September 21, 1950, as added by section 21(a)(1)(B) of the Act of December 17, 1993 (Pub. L. No. 103--204; 107 Stat. 2406), effective June 17, 1994]