(a) Attorney’s Fees.— 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
421, is a prevailing party in any proceeding under section
453(1), the administrative agency may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964.
(b) Interest.— In any proceeding under section
453(1), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964.
(c) Civil Penalties and Punitive Damages.— Except as otherwise provided in this chapter, 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 and in sections
179 of title
(2) Veterans.— A covered employee under section
416 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 section
452 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 paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act) 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.
(g) Political Affiliation.— It shall not be a violation of any provision of this chapter to consider, or make any employment decision based on, the party affiliation, or political compatibility with the employing office, of an employee who is a covered employee.
Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections
2000e–16, respectively, of Title
42, The Public Health and Welfare.
Section 2 of the Worker Adjustment and Retraining Notification Act, referred to in subsec. (f)(2), is classified to section
2101 of Title
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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