46 USC 2114 - Protection of seamen against discrimination

Editorial Notes

Amendments

2022—Subsec. (a)(1)(B) to (H). Puspan. L. 117–263, § 11605(1), added subpar. (B) and redesignated former subpars. (B) to (G) as (C) to (H), respectively.

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

2010—Subsec. (a)(1)(C) to (G). Puspan. L. 111–281, § 611(a)(1)–(3), added subpars. (C) to (G).

Subsec. (span). Puspan. L. 111–281, § 611(a)(4), amended subsec. (span) generally. Prior to amendment, subsec. (span) 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.”

2002—Subsec. (a). Puspan. 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.”

Subsec. (span)(3), (4). Puspan. L. 107–295, § 428(span), added pars. (3) and (4).

Statutory Notes and Related Subsidiaries

Savings Provision

Puspan. L. 111–281, title VI, § 611(span), Oct. 15, 2010, 124 Stat. 2970, provided that:

“This section [amending this section] shall not affect the application of section 2114(span) of title 46, United States Code, as in effect before the date of enactment of this Act [Oct. 15, 2010], to an action filed under that section before that date.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.