(D) CONFIDENTIALITY
AND
NONDISCLO-
SURE.— 
(i) PROTECTED
HEALTH
INFORMA-
TION.—Nothing in this section shall be 
construed to require a health care provider 
to disclose information in violation of sec-
tion 1177 of the Social Security Act (42 
U.S.C. 1320d–6) or the privacy regulations 
promulgated pursuant to section 264(c) of 
the Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 
1320d–2 note). 
(ii) 
HEALTH
INFORMATION 
RECORDS.—If a rail carrier possesses 
health information about a rail carrier em-
ployee or a rail carrier employee’s child, 
parent, spouse, domestic partner, or an in-
dividual related to the rail carrier employee 
as described in subsection (b)(3), such in-
formation shall— 
(I) be maintained on a separate 
form and in a separate file from other 
personnel information; 
(II) be treated as a confidential 
medical record; and 
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(III) not be disclosed except to 
the affected rail carrier employee or 
with the permission of the affected 
rail carrier employee. 
(3) CERTIFICATION IN THE CASE OF DOMESTIC 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
(A) IN GENERAL.—A rail carrier may re-
quire that a request for paid sick time under 
this section for a purpose described in sub-
section (b)(4) be supported by a form of docu-
mentation described in subparagraph (B) if the 
period of such time covers more than 3 consecu-
tive workdays. 
(B) FORM OF DOCUMENTATION.—A form 
of documentation described in this subpara-
graph is any one of the following: 
(i) A police report indicating that the 
rail carrier employee, or an individual de-
scribed in subsection (b)(4)(A) with re-
spect to the rail carrier employee, was a 
victim of domestic violence, sexual assault, 
or stalking. 
(ii) A court order protecting or sepa-
rating the rail carrier employee, or a such 
an individual with respect to the rail car-
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rier employee, from the perpetrator of an 
act of domestic violence, sexual assault, or 
stalking, or other evidence from the court 
or prosecuting attorney that the rail car-
rier employee, or an individual described in 
subsection (b)(4)(A) with respect to the 
rail carrier employee, has appeared in 
court or is scheduled to appear in court in 
a proceeding related to domestic violence, 
sexual assault, or stalking. 
(iii) Other documentation signed by a 
rail carrier employee or volunteer working 
for a victim services organization, an attor-
ney, a police officer, a medical professional, 
a social worker, an antiviolence counselor, 
or a member of the clergy, affirming that 
the rail carrier employee, or an individual 
described in subsection (b)(4)(A) with re-
spect to the rail carrier employee, is a vic-
tim of domestic violence, sexual assault, or 
stalking. 
(C) REQUIREMENTS.—The requirements of 
paragraph (2) shall apply to certifications 
under this paragraph, except that— 
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(i) subparagraph (B)(iii) of such para-
graph shall not apply; 
(ii) the certification shall state the 
reason that the leave is required with the 
facts to be disclosed limited to the min-
imum necessary to establish a need for the 
rail carrier employee to be absent from 
work, and the rail carrier employee shall 
not be required to explain the details of the 
domestic violence, sexual assault, or stalk-
ing involved; and 
(iii) with respect to confidentiality 
under subparagraph (D) of such para-
graph, any information provided to the rail 
carrier under this paragraph shall be con-
fidential, except to the extent that any dis-
closure of such information is— 
(I) requested or consented to in 
writing by the rail carrier employee; 
or 
(II) otherwise required by appli-
cable Federal or State law. 
(D) 
SPECIFICATION
OF
DOCUMENTA-
TION.—A rail carrier may not specify which of 
the forms of documentation described in clause 
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(i), (ii), or (iii) of subparagraph (B) is required 
to be provided in order to satisfy the require-
ment under subparagraph (A). 
(e) PROHIBITED ACTS.— 
(1) INTERFERENCE WITH RIGHTS.— 
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful for any rail carrier to interfere with, re-
strain, or deny the exercise of, or the attempt 
to exercise, any right provided under this sec-
tion, including— 
(i) 
discharging 
or 
discriminating 
against (including retaliating against) any 
individual, including a job applicant, for 
exercising, or attempting to exercise, any 
right provided under this section; 
(ii) using the taking of paid sick time 
under this section as a negative factor in 
an employment action, such as hiring, pro-
motion, reducing hours or number of 
shifts, or a disciplinary action; or 
(iii) counting the paid sick time under 
a no-fault attendance policy or any other 
absence-control policy. 
(B) DISCRIMINATION.—It shall be unlaw-
ful for any rail carrier to discharge or in any 
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other manner discriminate against (including 
retaliating against) any individual, including a 
job applicant, for opposing any practice made 
unlawful by this section. 
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate against 
(including retaliating against) any individual, includ-
ing a job applicant, because such individual— 
(A) has filed an action, or has instituted or 
caused to be instituted any proceeding, under 
or related to this section; 
(B) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this section; or 
(C) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this section. 
(3) CONSTRUCTION.—Nothing in this section 
shall be construed to state or imply that the scope 
of the activities prohibited by section 105 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2615) is less than the scope of the activities prohib-
ited by this section. 
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(f) ENFORCEMENT AUTHORITY.— 
(1) IN GENERAL.— 
(A) INVESTIGATIVE AUTHORITY.— 
(i) IN GENERAL.—To ensure compli-
ance with the provisions of this section, or 
any regulation or order issued under this 
section, the Secretary shall have, subject to 
clause (iii), the investigative authority pro-
vided under section 11(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
211(a)), with respect to rail carriers, rail 
carrier employees, and other individuals af-
fected by a rail carrier. 
(ii) OBLIGATION TO KEEP AND PRE-
SERVE
RECORDS.—A rail carrier shall 
make, keep, and preserve records per-
taining to compliance with this section in 
accordance with section 11(c) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations 
prescribed by the Secretary. 
(iii) REQUIRED
SUBMISSIONS
GEN-
ERALLY LIMITED TO AN ANNUAL BASIS.— 
The Secretary shall not require, under the 
authority of this paragraph, a rail carrier 
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to submit to the Secretary any books or 
records more than once during any 12- 
month period, unless the Secretary has 
reasonable cause to believe there may exist 
a violation of this section or any regulation 
or order issued pursuant to this section, or 
is investigating a charge pursuant to sub-
paragraph (C). 
(iv) SUBPOENA AUTHORITY.—For the 
purposes of any investigation provided for 
in this paragraph, the Secretary shall have 
the subpoena authority provided for under 
section 9 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 209). 
(B) CIVIL ACTION BY EMPLOYEES OR INDI-
VIDUALS.— 
(i) RIGHT OF ACTION.—An action to 
recover the damages or equitable relief pre-
scribed in clause (ii) may be maintained 
against any rail carrier in any Federal or 
State court of competent jurisdiction by a 
rail carrier employee or individual or a rep-
resentative for and on behalf of— 
(I) the rail carrier employee or 
individual; or 
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(II) the rail carrier employee or 
individual and others similarly situ-
ated. 
(ii) LIABILITY.—Any rail carrier who 
violates subsection (e) (including a viola-
tion relating to rights provided under sub-
section (d)) shall be liable to any rail car-
rier employee or individual affected— 
(I) for damages equal to— 
(aa) the amount of— 
(AA) any wages, salary, 
employment 
benefits, 
or 
other compensation denied 
or lost by reason of the vio-
lation; or 
(BB) in a case in which 
wages, salary, employment 
benefits, or other compensa-
tion have not been denied or 
lost, any actual monetary 
losses sustained as a direct 
result of the violation up to 
a sum equal to 56 hours of 
wages or salary for the rail 
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carrier employee or indi-
vidual; 
(bb) the interest on the 
amount described in item (aa) 
calculated at the prevailing rate; 
and 
(cc) an additional amount as 
liquidated damages; and 
(II) for such equitable relief as 
may be appropriate, including employ-
ment, reinstatement, and promotion. 
(iii) FEES AND COSTS.—The court in 
an action under this paragraph shall, in 
addition to any judgment awarded to the 
plaintiff, allow a reasonable attorney’s fee, 
reasonable expert witness fees, and other 
costs of the action to be paid by the de-
fendant. 
(C) ACTION BY THE SECRETARY.— 
(i) ADMINISTRATIVE
ACTION.—The 
Secretary shall receive, investigate, and at-
tempt to resolve complaints of violations of 
subsection (e) (including a violation relat-
ing to rights provided under subsection 
(d)) in the same manner that the Sec-
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retary receives, investigates, and attempts 
to resolve complaints of violations of sec-
tions 6 and 7 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206 and 207). 
(ii) CIVIL
ACTION.—The Secretary 
may bring an action in any court of com-
petent jurisdiction to recover the damages 
described in subparagraph (B)(ii)(I). 
(iii) SUMS
RECOVERED.—Any sums 
recovered by the Secretary pursuant to 
clause (ii) shall be held in a special deposit 
account and shall be paid, on order of the 
Secretary, directly to each rail carrier em-
ployee or individual affected. Any such 
sums not paid to a rail carrier employee or 
individual affected because of inability to 
do so within a period of 3 years shall be 
deposited into the Treasury of the United 
States as miscellaneous receipts. 
(D) LIMITATION.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), an action may be brought 
under subparagraph (B), (C), or (E) not 
later than 2 years after the date of the last 
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event constituting the alleged violation for 
which the action is brought. 
(ii) WILLFUL
VIOLATION.—In the 
case of an action brought for a willful vio-
lation of subsection (e) (including a willful 
violation relating to rights provided under 
subsection (d)), such action may be 
brought not later than 3 years after of the 
last event constituting the alleged violation 
for which such action is brought. 
(iii) 
COMMENCEMENT.—In 
deter-
mining when an action is commenced 
under subparagraph (B), (C), or (E) for 
the purposes of this paragraph, it shall be 
considered to be commenced on the date 
when the complaint is filed. 
(E) ACTION
FOR
INJUNCTION
BY
SEC-
RETARY.—The district courts of the United 
States shall have jurisdiction, for cause shown, 
in an action brought by the Secretary— 
(i) to restrain violations of subsection 
(e) (including a violation relating to rights 
provided under subsection (a)), including 
the restraint of any withholding of pay-
ment of wages, salary, employment bene-
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