; or (ii) denying the complaint. (B) Notice and opportunity for hearing An order of the Secretary under subparagraph (A) shall be made on the record after notice and opportunity for agency hearing. (C) Settlements The Secretary may not enter into a settlement terminating a proceeding on a complaint filed under paragraph (1) without the participation and consent of the complainant. (5) Relief If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall issue an order— (A) requiring the person who committed the violation— (i) to take affirmative action to abate the violation; and (ii) if the complainant was discharged by the person committing the violation, to reinstate the complainant to the complainant’s former position, with the compensation (including back pay), terms, conditions, and privileges of the complainant’s employment; and (B) assessing against the person who committed the violation— (i) compensatory damages; (ii) if appropriate, exemplary damages