STAA Section 405(a) prohibits an employee's discharge because he has filed a complaint "relating to a violation of a commercial motor vehicle safety rule, regulation, standard, or order . . . ." 49 U.S.C. app. § 2305(a). Internal complaints, e.g., to an employer, are protected. Protection is not dependent on actually proving a violation. Yellow Freight System, Inc. v. Martin, 954 F.2d 353, 356-357 (6th Cir. 1992). STAA Section 405(b) provides that "[n]o person shall discharge . . . an employee . . . for refusing to operate a vehicle when such operation constitutes a violation of any Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or health, or because of the employee's reasonable apprehension of serious injury to himself or the public due to the unsafe condition of such equipment." 49 U.S.C. app. § 2305(b).
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Smith thus engaged in protected activity when he declined a dispatch on October 17, 1989, due to fatigue, when he declined to continue driving on August 3 and September 23, 1989, due to fatigue, and when he complained about or "protested" discipline received because of these work refusals and because he had counseled other drivers about DOT regulations. Smith's discharge unquestionably constituted adverse action. P.R.D. at 16.