Regulations last checked for updates: May 16, 2024

Title 29 - Labor last revised: Apr 30, 2024
§ 501.4 - Discrimination prohibited.
Link to an amendment published at 89 FR 34068, Apr. 29, 2024.

(a) A person may not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any person who has:

(1) Filed a complaint under or related to 8 U.S.C. 1188 or this part;

(2) Instituted or caused to be instituted any proceedings related to 8 U.S.C. 1188,20,subpart,or;

(3) Testified or is about to testify in any proceeding under or related to 8 U.S.C. 1188,20,subpart,or;

(4) Consulted with an employee of a legal assistance program or an attorney on matters related to 8 U.S.C. 1188,20,subpart,or; or

(5) Exercised or asserted on behalf of themself or others any right or protection afforded by 8 U.S.C. 1188,20,subpart,or.

(b) Allegations of discrimination against any person under paragraph (a) of this section will be investigated by WHD. Where WHD has determined through investigation that such allegations have been substantiated, appropriate remedies may be sought. WHD may assess civil money penalties, seek injunctive relief, and/or seek additional remedies necessary to make the worker whole as a result of the discrimination, as appropriate, initiate debarment proceedings, and recommend to OFLC revocation of any such violator's current temporary agricultural labor certification. Complaints alleging discrimination against workers or immigrants based on citizenship or immigration status may also be forwarded by WHD to the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section.

authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note; and sec. 701, Pub. L. 114-74, 129 Stat. 584
source: 87 FR 61822, Oct. 12, 2022, unless otherwise noted.
cite as: 29 CFR 501.4