Title 5 — Government Organization and EmployeesRelease 119-73

§3330c Preference eligibles; remedy

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— - EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3330c

Last updated Apr 6, 2026|Official source

Summary

When the Merit Systems Protection Board or a court finds that an agency broke the employee protections at issue, it must order the agency to follow those rules and pay the person for any lost wages or benefits. If the violation was willful (done on purpose), the Board or court must also award extra damages equal to the back pay. A preference eligible who wins such a case must have reasonable lawyer fees, expert witness costs, and other litigation expenses paid.

Full Legal Text

Title 5, §3330c

Government Organization and Employees — Source: USLM XML via OLRC

(a)If the Merit Systems Protection Board (in a proceeding under section 3330a) or a court (in a proceeding under section 3330b) determines that an agency has violated a right described in section 3330a, the Board or court (as the case may be) shall order the agency to comply with such provisions and award compensation for any loss of wages or benefits suffered by the individual by reason of the violation involved. If the Board or court determines that such violation was willful, it shall award an amount equal to backpay as liquidated damages.

(b)A preference eligible who prevails in an action under section 3330a or 3330b shall be awarded reasonable attorney fees, expert witness fees, and other litigation expenses.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3330c

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73