2 U.S. Code § 1361 - Generally applicable remedies and limitations
prev | next
(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 1331 of this title, is a prevailing party in any proceeding under section 1405, 1406, 1407, or 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 42.
(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.
(e) Scope of remedy
(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.
Source(Pub. L. 104–1, title II, § 225,Jan. 23, 1995, 109 Stat. 22.)
References in Text
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.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.