§ 6.9.4.4 ADMINISTRATIVE PROCESS.

• Jurisdiction: Arizona

§ 6.9.4.4 Administrative Process. Most federal statutes have the Department of Labor, under the Secretary of Labor, as the initial tribunal through which a retaliatory discrimination complainant seeks relief.¹²⁴ Other statutes direct complaints to other tribunals, however, such as the Equal Employment Opportunity Commission,¹²⁵ the Department of Defense,¹²⁶ a district court, or a state court.¹²⁷

Although each statute's employee protection scheme varies, the basic review processes are similar. To conceptualize the typical administrative process it may be helpful to follow the administrative process of the Clear Air Act as an example.¹²⁸ After the aggrieved employee files a complaint with the proper authority (in the case of the Clean Air Act, the Secretary of Labor) alleging improper discharge or discrimination, the Secretary must notify the person or entity named in the complaint.¹²⁹ The Secretary is directed by the statute to commence and complete an investigation of the complaint within 30 days of receipt of the complaint and to notify both parties of the results.¹³⁰ Unless the proceedings are terminated by the Secretary due to settlement between the Secretary and the alleged violator, the Secretary must issue an order either denying the complaint or providing relief as prescribed in the statute.¹³¹ Settlement may not be entered into without the participation and consent of the complainant.¹³² After notice and opportunity for public hearing, the Secretary must enter the order on the record.¹³³

If the Secretary finds that the respondent committed a violation of the Act, the Secretary can order all relief necessary, including but not limited to (1) affirmative action to abate the violation; (2) reinstatement of the complainant to his or her former position, including compensation, backpay, and terms, conditions, and privileges of employment; (3) compensatory damages; and (4) reasonable costs and fees (including attorneys' fees and expert witness fees) incurred in connection with bringing the complaint.¹³⁴

Either party adversely affected by the Secretary's order may obtain review in the United States Court of Appeals for the circuit in which the alleged violation occurred.¹³⁵ The appeal must be filed within 60 days, measured from the date of issuance of the order.¹³⁶ The pending appeal will not, unless by order of the court, stay the Secretary's order.¹³⁷ The order is not otherwise "subject to judicial review in any criminal or other civil proceeding."¹³⁸

If an employer fails to comply with the Secretary's...