29 U.S.C. § 2004 — Authority of Secretary

Page 762 TITLE 29—LABOR § 2001 § 2001. Definitions As used in this chapter: (1) Commerce The term ‘‘commerce’’ has the meaning pro- vided by section 203(b) of this title. (2) Employer The term ‘‘employer’’ includes any person acting directly or indirectly in the interest of an employer in relation to an employee or pro- spective employee. (3) Lie detector The term ‘‘lie detector’’ includes a poly- graph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or elec- trical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (4) Polygraph The term ‘‘polygraph’’ means an instrument that— (A) records continuously, visually, perma- nently, and simultaneously changes in car- diovascular, respiratory, and electrodermal patterns as minimum instrumentation standards; and (B) is used, or the results of which are used, for the purpose of rendering a diag- nostic opinion regarding the honesty or dis- honesty of an individual. (5) Secretary The term ‘‘Secretary’’ means the Secretary of Labor. (Pub. L. 100–347, § 2, June 27, 1988, 102 Stat. 646.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–347, § 11, June 27, 1988, 102 Stat. 653, pro- vided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this Act [enacting this chapter] shall become effec- tive 6 months after the date of enactment of this Act [June 27, 1988]. ‘‘(b) REGULATIONS.—Not later than 90 days after the date of enactment of this Act, the Secretary shall issue such rules and regulations as may be necessary or ap- propriate to carry out this Act.’’ SHORT TITLE Pub. L. 100–347, § 1, June 27, 1988, 102 Stat. 646, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Employee Polygraph Protection Act of 1988’.’’ § 2002. Prohibitions on lie detector use Except as provided in sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the pro- duction of goods for commerce— (1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test; (2) to use, accept, refer to, or inquire con- cerning the results of any lie detector test of any employee or prospective employee; (3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against— (A) any employee or prospective employee who refuses, declines, or fails to take or sub- mit to any lie detector test, or (B) any employee or prospective employee on the basis of the results of any lie detector test; or (4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because— (A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, (B) such employee or prospective employee has testified or is about to testify in any such proceeding, or (C) of the exercise by such employee or prospective employee, on behalf of such em- ployee or another person, of any right af- forded by this chapter. (Pub. L. 100–347, § 3, June 27, 1988, 102 Stat. 646.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2003. Notice of protection The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this chapter. Each employer shall post and maintain such notice in conspicuous places on its prem- ises where notices to employees and applicants to employment are customarily posted. (Pub. L. 100–347, § 4, June 27, 1988, 102 Stat. 647.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2004. Authority of Secretary (a) In general The Secretary shall— (1) issue such rules and regulations as may be necessary or appropriate to carry out this chapter; (2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor orga- nizations, and employment agencies to aid in effectuating the purposes of this chapter; and (3) make investigations and inspections and require the keeping of records necessary or ap- propriate for the administration of this chap- ter. Page 763 TITLE 29—LABOR § 2006 (b) Subpoena authority For the purpose of any hearing or investiga- tion under this chapter, the Secretary shall have the authority contained in sections 49 and 50 of title 15. (Pub. L. 100–347, § 5, June 27, 1988, 102 Stat. 647.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2005. Enforcement provisions (a) Civil penalties (1) In general Subject to paragraph (2), any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000. (2) Determination of amount In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this chapter and the gravity of the violation. (3) Collection Any civil penalty assessed under this sub- section shall be collected in the same manner as is required by subsections (b) through (e) of section 1853 of this title with respect to civil penalties assessed under subsection (a) of such section. (b) Injunctive actions by Secretary The Secretary may bring an action under this section to restrain violations of this chapter. The Solicitor of Labor may appear for and rep- resent the Secretary in any litigation brought under this chapter. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining or- ders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, rein- statement, promotion, and the payment of lost wages and benefits. (c) Private civil actions (1) Liability An employer who violates this chapter shall be liable to the employee or prospective em- ployee affected by such violation. Such em- ployer shall be liable for such legal or equi- table relief as may be appropriate, including, but not limited to, employment, reinstate- ment, promotion, and the payment of lost wages and benefits. (2) Court An action to recover the liability prescribed in paragraph (1) may be maintained against the employer in any Federal or State court of competent jurisdiction by an employee or pro- spective employee for or on behalf of such em- ployee, prospective employee, and other em- ployees or prospective employees similarly situated. No such action may be commenced more than 3 years after the date of the alleged violation. (3) Costs The court, in its discretion, may allow the prevailing party (other than the United States) reasonable costs, including attorney’s fees. (d) Waiver of rights prohibited The rights and procedures provided by this chapter may not be waived by contract or other- wise, unless such waiver is part of a written set- tlement agreed to and signed by the parties to the pending action or complaint under this chapter. (Pub. L. 100–347, § 6, June 27, 1988, 102 Stat. 647.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2006. Exemptions (a) No application to governmental employers This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government. (b) National defense and security exemption (1) National defense Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any coun- terintelligence function, of any lie detector test to— (A) any expert or consultant under con- tract to the Department of Defense or any employee of any contractor of such Depart- ment; or (B) any expert or consultant under con- tract with the Department of Energy in con- nection with the atomic energy defense ac- tivities of such Department or any employee of any contractor of such Department in connection with such activities. (2) Security Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any intel- ligence or counterintelligence function, of any lie detector test to— (A)(i) any individual employed by, as- signed to, or detailed to, the National Secu- rity Agency, the Defense Intelligence Agen- cy, the National Geospatial-Intelligence Agency, or the Central Intelligence Agency, (ii) any expert or consultant under con- tract to any such agency, (iii) any employee of a contractor to any such agency,