§1855 — Title 29 Labor | U.S. Code

Summary

Protects migrant and seasonal agricultural workers from being punished or treated unfairly for, with just cause, filing a complaint, starting or causing a proceeding, testifying or being about to testify, or using any right the law gives them. Employers and others may not scare, threaten, stop, blacklist, fire, or otherwise discriminate against these workers for those actions. A worker who believes, with just cause, they were mistreated must file a complaint with the Secretary within 180 days after the violation. The Secretary will investigate. If the Secretary finds a violation, the Secretary will sue in a United States district court. The court can stop the bad conduct and order remedies, such as rehiring or reinstating the worker with back pay, or damages.

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.

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