[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR1980.100] [Page 211-212] TITLE 29--LABOR CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PART 1980_PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER Subpart A_Complaints, Investigations, Findings and Preliminary Orders Sec. 1980.100 Purpose and scope. SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF THE SARBANES-OXLEY ACT OF 2002--Table of Contents Subpart A_Complaints, Investigations, Findings and Preliminary Orders Sec. 1980.100 Purpose and scope. 1980.101 Definitions. 1980.102 Obligations and prohibited acts. 1980.103 Filing of discrimination complaint. 1980.104 Investigation. 1980.105 Issuance of findings and preliminary orders. Subpart B_Litigation 1980.106 Objections to the findings and the preliminary order and request for a hearing. 1980.107 Hearings. 1980.108 Role of Federal agencies. 1980.109 Decision and orders of the administrative law judge. 1980.110 Decision and orders of the Administrative Review Board. Subpart C_Miscellaneous Provisions 1980.111 Withdrawal of complaints, objections, and findings; settlement. 1980.112 Judicial review. 1980.113 Judicial enforcement. 1980.114 District Court jurisdiction of discrimination complaints. 1980.115 Special circumstances; waiver of rules. Authority: 18 U.S.C. 1514A; Secretary of Labor's Order No. 5-2002, 67 FR 65008 (October 22, 2002). Source: 68 FR 31864, May 28, 2003, unless otherwise noted. [[Page 212]] (a) This part implements procedures under section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002 (``Sarbanes-Oxley'' or ``Act''), enacted into law July 30, 2002. Sarbanes-Oxley provides for employee protection from discrimination by companies and representatives of companies because the employee has engaged in protected activity pertaining to a violation or alleged violation of 18 U.S.C. 1341, 1343, 1344, or 1348, or any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. (b) This part establishes procedures pursuant to Sarbanes-Oxley for the expeditious handling of discrimination complaints made by employees, or by persons acting on their behalf. These rules, together with those rules codified at 29 CFR part 18, set forth the procedures for submission of complaints under Sarbanes-Oxley, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges, post-hearing administrative review, and withdrawals and settlements.