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29 U.S.C. § 1862 — Discrimination prohibited
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source location: Title 29, Chapter 20, § 1862; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section.
**(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which—
(1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and
(2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compliance with substantive Federal and State safety and health standards** Except as provided in subsection (c), each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing.
**(b) Certification that applicable safety and health standards met; posting of certificate of occupancy; retention of certificate and availability for inspection and review; occupancy prior to inspection**
(1) Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility or property meets applicable safety and health standards. No person who owns or controls any such facility or property shall permit it to be occupied by any migrant agricultural worker unless a copy of the certification of occupancy is posted at the site. The receipt and posting of a certificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with [section 1862 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1862&num=0&edition=prelim).
(2) Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by migrant agricultural
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Federal law — U.S. Code and appendices · legal_authorities
Page 756
TITLE 29—LABOR
§ 1855
(Pub. L. 97–470, title V, § 504, Jan. 14, 1983, 96
Stat. 2597; Pub. L. 102–392, title III, § 325(a), Oct.
6, 1992, 106 Stat. 1728; Pub. L. 104–49, §§ 1(a)(2),
2(a), 3, Nov. 15, 1995, 109 Stat. 432, 433.)
Editorial Notes
AMENDMENTS
1995—Subsec. (d). Pub. L. 104–49, § 1(a)(2), amended
subsec. (d) generally. Prior to amendment, subsec. (d)
read as follows:
‘‘(d)(1) Notwithstanding any other provision of this
chapter, where a State workers’ compensation law is
applicable and coverage is provided for a migrant or
seasonal agricultural worker, the workers’ compensa-
tion benefits shall be the exclusive remedy for loss of
such worker under this chapter in the case of bodily in-
jury or death.
‘‘(2) The exclusive remedy prescribed by paragraph (1)
precludes the recovery under subsection (c) of actual
damages for loss from an injury or death but does not
preclude recovery under subsection (c) for statutory
damages or an injunction.’’
Subsec. (e). Pub. L. 104–49, § 2(a), added subsec. (e).
Subsec. (f). Pub. L. 104–49, § 3, added subsec. (f).
1992—Subsec. (d). Pub. L. 102–392 added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1995 AMENDMENT
Pub. L. 104–49, § 1(b), Nov. 15, 1995, 109 Stat. 432, pro-
vided that: ‘‘The amendment made by subsection (a)(2)
[amending this section] shall apply to all cases in
which a final judgment has not been entered.’’
Pub. L. 104–49, § 2(b), Nov. 15, 1995, 109 Stat. 433, pro-
vided that: ‘‘The amendment made by subsection (a)
[amending this section] shall apply to all cases in
which a final judgment has not been entered.’’
EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 102–392, title III, § 325(c), Oct. 6, 1992, 106 Stat.
1728, provided that the amendment of this section b
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