Attorney’s fees
section 1331 of this titlesection 2000e–5(k) of title 42If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under , 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 .
Interest
section 2000e–16(d) of title 42In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under .
Civil penalties and punitive damages
No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
Exclusive procedure
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.
Veterans
section 1316 of this titleA covered employee under may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
Construction
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.
Size limitations
29 U.S.C. 2101Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Retraining Notification Act [ 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.
Executive branch enforcement
This chapter shall not be construed to authorize enforcement by the executive branch of this chapter.
Pub. L. 104–1, title II, § 225109 Stat. 22Pub. L. 115–397, title I, § 101(d)132 Stat. 5301(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 104–1109 Stat. 3section 1301 of this titleThis chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 100–379102 Stat. 890section 2101 of Title 29The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is , , , 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 and Tables.
Amendments
Pub. L. 115–3972018—Subsecs. (e), (f). redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.”
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–397section 401 of Pub. L. 115–397section 1301 of this titleAmendment by effective upon expiration of the 180-day period beginning on , with provisions for effect on pending proceedings, see , set out as a note under .