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

Summary

No one may scare, threaten, stop, punish, blacklist, fire, or otherwise treat a migrant or seasonal farmworker unfairly because the worker, with just cause, filed a complaint, started or caused a case under this law, testified, or used their rights for themselves or others. A worker who thinks this happened must file a complaint with the Secretary within 180 days. The Secretary will investigate and, if a violation is found, can sue in federal court. Courts can order fixes like rehiring, reinstatement with back pay, or money damages.

Title 29, §1855

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(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.

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.

§1855 Discrimination Prohibited

Summary

Title 29, §1855

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata