29 
1. commenced, caused to be commenced or is about to commence 
or cause to be commenced a proceeding under the act, 
2. testified or is about to testify in any proceeding, or 
3. assisted or participated or is about to participate or assist 
in any manner in a proceeding or other action to carry out the 
purpose of the act. 
Any employee who believes that he has been discharged or other- 
wise discriminated against by an employer in violation of this section 
may file a complaint with the Secretary of Labor within 60 days after 
the alleged violation occurs. Upon receipt of the complaint, the Secre- 
tary (i.e. the Secretary of Labor) must notify the person named in 
the complaint of the filing of the complaint; and, the Secretary must 
conduct and complete within 30 days, an investigation of the violation 
alleged in the complaint. Upon completion of the investigation, the 
Secretary must notify in writing the complainant and the person 
alleged to have committed the violation. Unless the proceeding on the 
complaint is terminated by the Secretary on the basis of a settlement 
entered into by the Secretary and the person alleged to have committed 
the violation, the Secretary shall issue an order either providing the 
prescribed relief or denying the complaint. An order of the Secretary 
will be made on the record after notice and oppoidunity for agency 
hearing. With the consent of the complainant, the Solicitor of Labor 
will represent the complainant at the hearing. The Secretary may 
not enter into a settlement terminating a proceeding on a complaint 
without the participation and consent of the complainant. 
If in response to a complaint, the Secretary determines that a vio- 
lation has occurred, the Secretary shall order the person who commit- 
ted the violation to take affirmative action to abate the violation and 
reinstate the complainant to the complainant’s former position to- 
gether with compensation (including back pay ) , terms, conditions and 
privileges of the complainant’s employment. In addition, the Secre- 
tary shall order compensatory damages and where appropriate exem- 
plory damages. Moreover, the Secretary, at the request of the 
complainant, shall assess against the person whom the order is issued 
all costs and expenses including attorney’s fees incurred in bl’inging 
the complaint. 
Any person adversely affected or aggrieved by an order issued under 
this section may obtain a review, conforming to chapter 7 of title 5 
of the United States Code, of the order. 
Whenever a person has failed to comply with an order, subsection 
B of this section directs the Secretary to file a civil action in the U.S. 
district court for the district where the violation occurred to enforce 
the order. This section will not apply to any employee who, acting 
without direction from the employee's employer, deliberately causes 
a violation of this act. 
ADMINISTRATIVE PROVISIONS 
Section 1816 of bill S. 1217 authorizes the Commission for the pur- 
pose of carrying out its duties to hold such public hearings, sit and act 
at such times and places, take such testimony, and receive such evi- 
dence as the Commission deems advisable. 
The Commission may appoint and fix the compensation of such 
employees as it deems advisable, however, in no event may the Com- 
mission acooint more than 50 employees. 
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