Clean Air Act Amendments of 1977

Signed into law by Jimmy Carter
August 07, 1977

The 1977 amendments to the Clean Air Act prohibit employers from discharging or otherwise discriminating against any employee because the employee (1) commenced or is about to commence a proceeding under the CAA or a proceeding for the administration or enforcement of any requirement imposed by the CAA; (2) testified or is about to testify in any such proceeding; or (3) assisted or participated, or is about to assist or participate, in any manner in such a proceeding.

Enforcement & Remedies

Employees who believe they have been retaliated against in violation of the Clean Air Act must file a complaint with their regional Occupational Safety and Health Administration (OSHA) office within 30 days. OSHA will investigate the employee’s claims and within 90 days must issue an order either providing relief to the employee or denying their complaint. Employees appeal an unfavorable decision to the Department of Labor’s Administrative Review Board and ultimately to the United States Court of Appeals for the Federal Circuit. The CAA awards that the Department of Labor may: (i) take affirmative action to abate the violation, and (ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, and the Secretary may order such person to provide compensatory damages to the complainant. The Clean Air Act also provides for reasonable attorneys’ fees.