2 U.S.C. § 1361 — Generally applicable remedies and limitations
submitted 31 years ago by Pub. L. 104-1 to r/title-2-THE-CONGRESS · 330 words · no verdicts yet
This section permits certain fees, costs, and delay-compensating interest for successful claimants, while barring civil penalties and punitive damages. It generally requires people to use this chapter’s procedures and limits how other laws’ definitions, exemptions, and size rules apply.
(a) Attorney’s fees. If a covered employee* wins a claim under this chapter, or a qualified person with a disability wins a claim under section 1331 of this title, the hearing officer, Board*, or court may award attorney’s fees, expert fees, and other appropriate costs in a proceeding under section 1405, 1406, 1407, or 1408 of this title. The award may be made to the extent it would be appropriate under section 2000e-5(k) of title 42.
(b) Interest. In a proceeding under section 1405, 1406, 1407, or 1408 of this title, interest to compensate for delayed payment must be available to the extent it would be appropriate under section 2000e-16(d) of title 42.
(c) Civil penalties and punitive damages. A civil penalty or punitive damages may not be awarded for a claim under this chapter.
(d) Exclusive procedure. (1) Unless paragraph (2) applies, a person may seek a remedy for rights and protections under this chapter in an administrative or judicial proceeding only as this chapter provides. (2) Veterans. A covered employee* under section 1316 of this title may also use any applicable provision of chapter 43 of title 38.
(e) Construction. (1) Definitions and exemptions. Unless this chapter’s definitions or exemptions conflict with them, the definitions and exemptions in laws that this chapter makes applicable also apply here. (2) Size limitations. Despite paragraph (1), size-based coverage rules in those applicable laws—whether based on employee numbers, business volume, or another measure—do not determine coverage under this chapter. This exception does not apply to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.). (3) Executive branch enforcement. This chapter must not be read to authorize the executive branch to enforce this chapter.
If a covered employee*, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section 1331 of this title, is a prevailing party in any proceeding under section 1405, 1406, 1407, or 1408 of this title, the hearing officer, Board*, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 2000e–5(k) of title 42.
In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 2000e–16(d) of title 42.
No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter.
A covered employee* under section 1316 of this title may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter.
Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Retraining Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of employees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter.
This chapter shall not be construed to authorize enforcement by the executive branch of this chapter.
Source credit: (Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, § 101(d), Dec. 21, 2018, 132 Stat. 5301.)
- 1995Enacted · Pub. L. 104-1 · 109 Stat. 22
- 2018Amended · Pub. L. 115-397 · 132 Stat. 5301
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-1 on 1995-01-23.
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