Page:United States Statutes at Large Volume 102 Part 1.djvu/685

 PUBLIC LAW 100-347—JUNE 27, 1988

102 STAT. 647

(A) any employee or prospective employee who refuses, declines, or fails to take or submit 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 Discrimination, manner, or deny employment or promotion to, or threaten to prohibition. 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 Act, (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 employee or another person, of any right afforded by this Act. SEC. 4. NOTICE OF PROTECTION.

29 USC 2003.

The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this Act. Each employer shall post and maintain such notice in conspicuous places on its premises where notices to employees and applicants to employment are customarily posted. SEC. 5. AUTHORITY OF THE SECRETARY.

(a) IN GENERAL.—The Secretary shall— (1) issue such rules and regulations as may be necessary or appropriate to carry out this Act; (2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this Act; and (3) make investigations and inspections and require the keeping of records necessary or appropriate for the administration of this Act. (b) SUBPOENA AUTHORITY.—For the purpose of any hearing or investigation under this Act, the Secretary shall have the authority contained in sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C.49and50). SEC. 6. ENFORCEMENT PROVISIONS. (a) CIVIL PENALTIES.—

(1) IN GENERAL,—Subject to paragraph (2), any employer who violates any provision of this Act 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 Act and the gravity of the violation. (3) COLLECTION.—Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections 0^) through (e) of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853) with respect to civil penalties assessed under subsection (a) of such section.

29 USC 2004. Regulations. State and local governments.

Records.

29 USC 2005.

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