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OCR Page 1 of 68S:\WPSHR\LEGCNSL\XYWEITE\CONSUMER\TABAC.1
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tion to abate the violation, and (ii) reinstate the
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complainant to his or her former position together
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with compensation (including back pay), terms, con-
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ditions, and privileges of his or her employment. The
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Secretary may order such person to provide compen-
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satory damages to the complainant. If an order is is-
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sued under this subparagraph, the Secretary, at the
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request of the complainant, shall assess the person
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against whom the order is issued a sum equal to the
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aggregate amount of all costs and expenses (includ-
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ing attorneys' and expert witness fees) reasonably
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incurred (as determined by the Secretary), by the
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complainant for, or in connection with, the bringing
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of the complaint upon which the order is issued.
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(3)(A) The Secretary shall dismiss a complaint
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filed under paragraph (1) of this subsection, and
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shall not conduct the investigation required under
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paragraph (2) of this subsection, unless the com-
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plainant has made a prima facie showing that any
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behavior described in subsection (a) of this section
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was a contributing factor in the unfavorable in the
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unfavorable personnel action alleged in the com-
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plaint.
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(B) Notwithstanding a finding by the Secretary
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that the complainant has made the showing required
S. 1415 Amdt.
March 29, 1998 (11:39 a.m.)
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