§1361 Generally Applicable Remedies and Limitations

Summary

If a covered employee wins a case under sections 1405, 1406, 1407, or 1408, or if a qualified person with a disability wins a claim under section 1331 in those proceedings, the hearing officer, Board, or court can order payment of attorney fees, expert fees, and other costs like those allowed by section 2000e–5(k) of title 42. The same type of interest to make up for delayed payment that section 2000e–16(d) of title 42 allows may also be awarded. Civil penalties and punitive damages are not allowed for claims under this chapter. People must use only the procedures in this chapter to get these rights, except a covered employee under section 1316 may also use parts of chapter 43 of title 38 that apply to them. Unless this chapter gives different meanings, definitions and exemptions from the other laws it applies also apply here. However, rules in those other laws that decide coverage by size (for example, number of employees or amount of business) do not determine coverage under this chapter, except as to the Worker Adjustment and Retraining Notification Act. The executive branch may not enforce this chapter.