- Part Number:1984
- Part Number Title:Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act
- Subpart:1984 Subpart A
- Subpart Title:Complaints, Investigations, Findings and Preliminary Orders
- Standard Number:
- Title:Obligations and prohibited acts.
- GPO Source:
No employer may discharge or otherwise retaliate against, including, but not limited to, intimidating, threatening, restraining, coercing, blacklisting or disciplining, any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee (or an individual acting at the request of the employee), has engaged in any of the activities specified in paragraphs (b)(1) through (5) of this section.
An employee is protected against retaliation because the employee (or an individual acting at the request of the employee) has:
Received a credit under section 36B of the Internal Revenue Code of 1986, 26 U.S.C. 36B, or a cost-sharing reduction under the Affordable Care Act, or been determined by an Exchange to be eligible for advance payments of the premium tax credit (APTC) or for a cost-sharing reduction;
Provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of title I of the Affordable Care Act (or an amendment made by title I of the Affordable Care Act);
Testified or is about to testify in a proceeding concerning such violation;
Assisted or participated, or is about to assist or participate, in such a proceeding; or
Objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of title I of the Affordable Care Act (or amendment), or any order, rule, regulation, standard, or ban under title I of the Affordable Care Act (or amendment).
[78 FR 13232, February 27, 2013; 81 FR 70621-706222, October 13, 2016]