§435 Generally applicable remedies and limitations

Summary

If a covered employee (an employee covered by this chapter) wins a proceeding under section 453(1), or a qualified person with a disability (someone bringing a claim under section 421) wins such a proceeding, the agency can order payment of attorney fees, expert fees, and other costs like those allowed under section 706(k) of the Civil Rights Act of 1964. In those same proceedings, the winner can also get interest for delayed payments like the interest allowed under section 717(d) of the Civil Rights Act of 1964. Except where this chapter says otherwise, no civil penalty or punitive damages can be awarded for claims under this chapter. People can only start court or agency actions to enforce the rights here in the ways this chapter allows and under sections 1296 and 1346(g) and chapter 179 of title 28, unless this chapter says otherwise. A covered employee under section 416 may also use rules from chapter 43 of title 38 if they apply. Only a covered employee who has completed the steps in section 452 can get a remedy under part A of this subchapter. Definitions and exemptions from other laws applied here count unless they conflict with this chapter, but rules from those laws that decide coverage by size or business amount do not apply here (except for paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act). It is allowed to consider a covered employee’s party or political fit with the employing office when making employment decisions.