Title 29LaborRelease 119-73

§1855 Discrimination prohibited

Title 29 › Chapter CHAPTER 20— - MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION › Subchapter SUBCHAPTER V— - GENERAL PROVISIONS › Part Part A— - Enforcement Provisions › § 1855

Last updated Apr 6, 2026|Official source

Summary

It makes it illegal for anyone to punish, threaten, fire, blacklist, or otherwise treat a migrant or seasonal farm worker unfairly because the worker, with good reason, filed a complaint, started a legal action, testified, or used rights given by the law. If a worker reasonably thinks this happened, they must file a complaint with the Secretary within 180 days. The Secretary will investigate. If the Secretary finds a violation, they can sue in federal court. A court can stop the bad conduct and order fixes like rehiring or reinstating the worker with back pay or awarding damages.

Full Legal Text

Title 29, §1855

Labor — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1855

Title 29Labor

Last Updated

Apr 6, 2026

Release point: 119-73