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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers Admitted Under Section 216 of the Immigration and Nationality Act |
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| General Provisions |
29 CFR 501.3 - Discrimination prohibited.
- Section Number: 501.3
- Section Name: Discrimination prohibited.
No person shall intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any manner discriminate against any person who has:
(a) Filed a complaint under or related to section 216 of the INA or
these regulations;
(b) Instituted or caused to be instituted any proceedings related to
section 216 of the INA or these regulations;
(c) Testified or is about to testify in any proceeding under or
related to section 216 of the INA or these regulations;
(d) Exercised or asserted on behalf of himself or others any right
or protection afforded by section 216 of the INA or these regulations.
(e) Consulted with an employee of a legal assistance program or an
attorney on matters related to section 216 of the INA (8 U.S.C. 1186),
or to this subpart or any other DOL regulation promulgated pursuant to
section 216 of the INA.
Allegations of discrimination in employment against any person will be
investigated by Wage and Hour. Where Wage and Hour has determined
through investigation that such allegations have been substantiated
appropriate remedies may be sought. Wage and Hour may assess civil money
penalties, seek injunctive relief, and/or seek additional remedies
necessary to make the employee whole as a result of the discrimination,
as appropriate, and may recommend to ETA that labor certification of any
violator be denied in the future.
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