§1361 Generally applicable remedies and limitations

Summary

Gives winning employees (and people with disabilities making claims under section 1331) the chance to recover lawyer fees, expert fees, and other costs in cases under sections 1405, 1406, 1407, or 1408. The deciding officer, Board, or court can order fees and costs similar to those allowed under 42 U.S.C. 2000e–5(k). The same kind of interest for late payment that 42 U.S.C. 2000e–16(d) allows can also be awarded. No civil penalties or punitive damages are allowed. You must use only the remedies this chapter provides to enforce its rights, except a covered employee under section 1316 can also use applicable parts of chapter 43 of title 38. Definitions and exemptions from the other laws this chapter applies will usually apply here too, but size-based coverage rules from those laws (except the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq.) do not count. The executive branch may not enforce this chapter.