If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section
1331 of this title, is a prevailing party in any proceeding under section
1408 of this title, the hearing officer, Board, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section
2000e–5(k) of title
In any proceeding under section
1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section
2000e–16(d) of title
(c) Civil penalties and punitive damages
No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
(d) Exclusive procedure
(1) In general
Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter.
A covered employee under section
1316 of this title may also utilize any provisions of chapter
43 of title
38 that are applicable to that employee.
(e) Scope of remedy
Only a covered employee who has undertaken and completed the procedures described in sections
1403 of this title may be granted a remedy under part A of this subchapter.
(1) Definitions and exemptions
Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter.
(2) Size limitations
Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Retraining Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter.
(3) Executive branch enforcement
This chapter shall not be construed to authorize enforcement by the executive branch of this chapter.
This chapter, referred to in subsecs. (a), (c), (d)(1), and (f), was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
1301 of this title and Tables.
Part A of this subchapter, referred to in subsec. (e), was in the original “part
A of this title”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of this subchapter. For complete classification of part A to the Code, see Tables.
The Worker Adjustment and Retraining Notification Act, referred to in subsec. (f)(2), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section
2101 of Title
29 and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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