John H. Stewart v. The Travelers Corporation

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and KING, District Judge.

Appellant, Stewart, was discharged by The Travelers Insurance Company on January 15, 1971. Stewart subsequently complained to the United States Department of Labor that his dismissal violated 15 U.S.C. § 1674 (a) which forbids the discharge of an employee due to the garnishment of his wages for one indebtedness. When the Department of Labor refused to take action on his claim, Appellant filed a complaint in the district court for the Central District of California. Although private civil remedies are not expressly authorized for § 1674(a) violations, Stewart requested as relief reinstatement, backpay, punitive damages, and attorney’s fees. Judge Gray found that Congress did not intend such private actions for civil relief to be available under § 1674, and dismissed the complaint. On appeal from that ruling, this court must decide whether private civil remedies may be implied for § 1674(a) violations. We hold that such remedies must be implied; and accordingly, we reverse the district court’s dismissal of Stewart’s complaint.

Private civil remedies for violations of federal statutes have been…