§1361 Generally Applicable Remedies and Limitations

Summary

If a covered employee (for claims under this chapter) or a qualified person with a disability (for claims under section 1331) wins a case under sections 1405, 1406, 1407, or 1408, the hearing officer, Board, or court may order payment of lawyer fees, expert fees, and other costs like those allowed under 42 U.S.C. 2000e–5(k). The same kind of interest for late payment as in 42 U.S.C. 2000e–16(d) can also be added. No civil penalty or punitive damages may be awarded. People must use only the procedures and remedies in this chapter to get relief, except a covered employee under section 1316 may also use parts of chapter 43 of title 38 that apply to them. Definitions and exemptions from the laws this chapter applies will carry over unless they conflict with this chapter. Size-based coverage rules from those laws (other than the Worker Adjustment and Retraining Notification Act [29 U.S.C. 2101 et seq.]) do not decide who is covered here. The executive branch may not enforce this chapter.