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U.S. Code as of:
01/19/04
Section 4322. Enforcement of employment or reemployment rights
(a) A person who claims that -
(1) such person is entitled under this chapter to employment or
reemployment rights or benefits with respect to employment by an
employer; and
(2)(A) such employer has failed or refused, or is about to fail
or refuse, to comply with the provisions of this chapter; or
(B) in the case that the employer is a Federal executive
agency, such employer or the Office of Personnel Management has
failed or refused, or is about to fail or refuse, to comply with
the provisions of this chapter,
may file a complaint with the Secretary in accordance with
subsection (b), and the Secretary shall investigate such complaint.
(b) Such complaint shall be in writing, be in such form as the
Secretary may prescribe, include the name and address of the
employer against whom the complaint is filed, and contain a summary
of the allegations that form the basis for the complaint.
(c) The Secretary shall, upon request, provide technical
assistance to a potential claimant with respect to a complaint
under this subsection, and when appropriate, to such claimant's
employer.
(d) The Secretary shall investigate each complaint submitted
pursuant to subsection (a). If the Secretary determines as a result
of the investigation that the action alleged in such complaint
occurred, the Secretary shall attempt to resolve the complaint by
making reasonable efforts to ensure that the person or entity named
in the complaint complies with the provisions of this chapter.
(e) If the efforts of the Secretary with respect to any complaint
filed under subsection (a) do not resolve the complaint, the
Secretary shall notify the person who submitted the complaint of -
(1) the results of the Secretary's investigation; and
(2) the complainant's entitlement to proceed under the
enforcement of rights provisions provided under section 4323 (in
the case of a person submitting a complaint against a State or
private employer) or section 4324 (in the case of a person
submitting a complaint against a Federal executive agency or the
Office of Personnel Management).
(f) This subchapter does not apply to any action relating to
benefits to be provided under the Thrift Savings Plan under title
5.
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