28 U.S.C. § 3905: Attorney’s fees and interest

Summary

Courts may award attorney fees, expert fees, and other costs to a prevailing covered employee (chapter 5 claim) or to a prevailing qualified person with a disability (sec. 421 claim) in proceedings under section 1296 or section 1346(g). Awards follow sections 706(k) and 717(d) of the Civil Rights Act of 1964 for fees and interest. No punitive damages may be awarded for claims under chapter 5 of title 3 except as chapter 5 itself allows.

Title 28, §3905

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Attorney’s Fees.—

If a covered employee, with respect to any claim under chapter 5 of title 3, or a qualified person with a disability, with respect to any claim under section 421 of title 3, is a prevailing party in any proceeding under section 1296 or section 1346(g), the court may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964.

(b)Interest.—

In any proceeding under section 1296 or section 1346(g), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964.

(c)Punitive Damages.—

Except as otherwise provided in chapter 5 of title 3, no punitive damages may be awarded with respect to any claim under chapter 5 of title 3.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to section 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.

§3905 Attorney’s Fees and Interest