§435 Generally Applicable Remedies and Limitations

Summary

If a covered employee wins a claim under section 453(1), or a qualified person with a disability wins a claim under section 421, the agency can order payment of the employee’s lawyer fees, expert costs, and other reasonable expenses. The agency can also order interest to make up for delayed payments, like the Civil Rights Act allows. No civil fines or punitive damages can be awarded for claims under this chapter, unless another part of the chapter says otherwise. It is allowed to consider a covered employee’s political party or how well they fit with the office when making employment decisions. People must use the procedures in this chapter to get relief. Except for veterans described in section 416 who can also use chapter 43 of title 38, you cannot start other agency or court actions except as the chapter and sections 1296, 1346(g), and chapter 179 of title 28 allow. Only a covered employee who has completed the steps in section 452 can get a remedy under part A. Definitions and exemptions from the laws this chapter applies will be used unless they conflict. Rules that exclude coverage because of employer size do not apply here, except for two parts of the WARN Act.