§435 Generally Applicable Remedies and Limitations

Summary

If a covered employee wins a claim under this chapter, or a qualified person with a disability wins under section 421, then in a proceeding under section 453(1) an agency can order payment of lawyer fees, expert fees, and other costs like those allowed under section 706(k) of the Civil Rights Act of 1964. The agency can also award interest for late payment like under section 717(d) of that Act. Civil penalties and punitive damages cannot be awarded for claims under this chapter except where this chapter says otherwise. People must use the procedures in this chapter to get remedies, and may also use sections 1296 and 1346(g) and chapter 179 of title 28. A covered employee under section 416 may use chapter 43 of title 38. Only a covered employee who has completed the steps in section 452 can get a remedy under part A. Definitions and exemptions from laws made applicable here apply unless they conflict, but size-based coverage rules in those laws do not apply here (other than paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act). It is not a violation to consider an employee’s party affiliation or political compatibility in employment decisions for covered employees.