Title 5Government Organization and EmployeesRelease 119-73not60

§3330c Preference Eligibles; Remedy

Title 5 › Part III— EMPLOYEES › Subpart B— Employment and Retention › Chapter 33— EXAMINATION, SELECTION, AND PLACEMENT › Subchapter I— EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3330c

Last updated Apr 3, 2026|Official source

Summary

When the Merit Systems Protection Board or a court finds an agency violated a protected right, it must order the agency to fix the harm and pay lost wages or benefits, and if the violation was willful, award extra money equal to back pay. A preference-eligible winner gets reasonable attorney, expert witness, and other legal fees.

Full Legal Text

Title 5, §3330c

Government Organization and Employees — Source: USLM XML via OLRC

(a)If the Merit Systems Protection Board (in a proceeding under section 3330a) or a court (in a proceeding under section 3330b) determines that an agency has violated a right described in section 3330a, the Board or court (as the case may be) shall order the agency to comply with such provisions and award compensation for any loss of wages or benefits suffered by the individual by reason of the violation involved. If the Board or court determines that such violation was willful, it shall award an amount equal to backpay as liquidated damages.
(b)A preference eligible who prevails in an action under section 3330a or 3330b shall be awarded reasonable attorney fees, expert witness fees, and other litigation expenses.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3330c

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60