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29 U.S.C. § 1855 — Discrimination prohibited

submitted 43 years ago by Pub. L. 97-470 to r/title-29-LABOR · 223 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section prohibits discrimination against migrant or seasonal farmworkers for using rights under this chapter. It lets a worker file a complaint and lets the Secretary seek court relief.

(a) Prohibited activities. A person may not intimidate, threaten, restrain, coerce, blacklist, fire, or otherwise discriminate against a migrant or seasonal agricultural worker because, with just cause, the worker filed a complaint, started or caused a proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or, with just cause, exercised a right or protection under this chapter for the worker or others.

(b) Proceedings for redress of violations. A worker who, with just cause, believes that a person discriminated against the worker may file a complaint with the Secretary within 180 days after the violation. The Secretary must investigate as the Secretary considers appropriate. If the Secretary finds a violation, the Secretary must sue that person in an appropriate United States district court. The court may, for good cause, stop violations of subsection (a) and order all appropriate relief, including rehiring or reinstatement with back pay, or damages.

the actual law source: uscode.house.gov ↗public domain
(a) Prohibited activities

No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this chapter.

(b) Proceedings for redress of violations

A migrant or seasonal agricultural worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within 180 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this section have been violated, the Secretary shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) and order all appropriate relief, including rehiring or reinstatement of the worker, with back pay, or damages.

Source credit: (Pub. L. 97–470, title V, § 505, Jan. 14, 1983, 96 Stat. 2598.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-470 · 96 Stat. 2598

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-470 on 1983-01-14.

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