§ 2005. — Enforcement provisions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC2005]
TITLE 29--LABOR
CHAPTER 22--EMPLOYEE POLYGRAPH PROTECTION
Sec. 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 subsection 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
represent 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 orders 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,
reinstatement, 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 employee affected by such violation. Such
employer shall be liable for such legal or equitable relief as may
be appropriate, including, but not limited to, employment,
reinstatement, 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 prospective employee for
or on behalf of such employee, prospective employee, and other
employees 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 otherwise, unless such waiver is part of a written
settlement agreed to and signed by the parties to the pending action or
complaint under this chapter.
(Pub. L. 100-347, Sec. 6, June 27, 1988, 102 Stat. 647.)
Section Referred to in Other Sections
This section is referred to in title 2 section 1314; title 3 section
414.
