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29 USC § 1140 - Interference with protected rights

---
identifier: "/us/usc/t29/s1140"
source: "usc"
legal_status: "official_prima_facie"
title: "29 USC § 1140 - Interference with protected rights"
title_number: 29
title_name: "LABOR"
section_number: "1140"
section_name: "Interference with protected rights"
chapter_number: 18
chapter_name: "EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM"
subchapter_number: "I"
subchapter_name: "PROTECTION OF EMPLOYEE BENEFIT RIGHTS"
part_number: "5"
part_name: "administration and enforcement"
positive_law: false
currency: "119-73"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–406, title I, § 510, Sept. 2, 1974, 88 Stat. 895; Pub. L. 109–280, title II, § 205, Aug. 17, 2006, 120 Stat. 889.)"
---

# § 1140. Interference with protected rights

section 1201 of this title29 U.S.C. 301section 1132 of this title

It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan, this subchapter, , or the Welfare and Pension Plans Disclosure Act [ et seq.], or for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan, this subchapter, or the Welfare and Pension Plans Disclosure Act. It shall be unlawful for any person to discharge, fine, suspend, expel, or discriminate against any person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to this chapter or the Welfare and Pension Plans Disclosure Act. In the case of a multiemployer plan, it shall be unlawful for the plan sponsor or any other person to discriminate against any contributing employer for exercising rights under this chapter or for giving information or testifying in any inquiry or proceeding relating to this chapter before Congress. The provisions of  shall be applicable in the enforcement of this section.

---

**Source Credit**: (Pub. L. 93–406, title I, § 510, Sept. 2, 1974, 88 Stat. 895; Pub. L. 109–280, title II, § 205, Aug. 17, 2006, 120 Stat. 889.)

## Editorial Notes

### References in Text

The Welfare and Pension Plans Disclosure Act, referred to in text, is , , , which was classified generally to chapter 10 (§ 301 et seq.) of this title, and was repealed by , ,  (Employee Retirement Income Security Act of 1974), effective . Such section 111(a)(1) also provided that the Welfare and Pension Plans Disclosure Act should continue to apply to any conduct and events which occurred before  (see ). For complete classification of the Welfare and Pension Plans Disclosure Act to the Code prior to such repeal, see Tables.

This chapter, referred to in text, was in the original “this Act”, meaning , known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Amendments

2006— inserted before last sentence “In the case of a multiemployer plan, it shall be unlawful for the plan sponsor or any other person to discriminate against any contributing employer for exercising rights under this chapter or for giving information or testifying in any inquiry or proceeding relating to this chapter before Congress.”

## Statutory Notes and Related Subsidiaries

### Regulations

Secretary authorized, effective , to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see .