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3 U.S.C. § 435Generally applicable remedies and limitations

submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 389 words · no verdicts yet

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This law sets the rules for how legal claims under this chapter can be resolved. Winning employees can get attorney's fees and interest, similar to other civil rights cases, but not civil penalties or punitive damages. Claims must go through this chapter's own procedures, and employees must finish required steps before getting any remedy.

(a) Attorney's Fees. If a covered employee - for a claim under this chapter - or a qualified person with a disability - for a claim under section 421 - wins as the "prevailing party" in a proceeding under section 453(1), the administrative agency handling it can award attorney's fees, expert fees, and other costs, using the same standard that would apply under section 706(k) of the Civil Rights Act of 1964. (b) Interest. In a section 453(1) proceeding, the same kind of interest - to make up for delay in payment - is available as would be allowed under section 717(d) of the Civil Rights Act of 1964. (c) Civil Penalties and Punitive Damages. Unless this chapter specifically says otherwise, no civil penalty and no punitive damages can be awarded for a claim under this chapter. (d) Exclusive Procedure. (1) In general. Except as paragraph (2) allows, no one may start an administrative or court case to enforce the rights and protections this chapter gives, except through the procedures this chapter itself sets out, plus sections 1296 and 1346(g) and chapter 179 of title 28. (2) Veterans. A covered employee under section 416 may still use the parts of chapter 43 of title 38 that apply to that employee. (e) Scope of Remedy. Only a covered employee who has gone through and finished the procedures in section 452 can be granted a remedy under part A of this subchapter. (f) Construction. (1) Definitions and exemptions. Except where this chapter's own definitions and exemptions conflict, the definitions and exemptions from the other laws this chapter incorporates still apply here. (2) Size limitations. Even so, rules from those other incorporated laws (other than paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act) that decide coverage based on size - whether measured by number of employees, amount of business, or some other measure - do not apply when deciding coverage under this chapter. (g) Political Affiliation. It is not a violation of this chapter to base an employment decision on a covered employee's party affiliation or political compatibility with the office that employs them.
the actual law source: uscode.house.gov ↗public domain
(a)Attorney’s Fees.—

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 421, is a prevailing party in any proceeding under section 453(1), the administrative agency 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 453(1), 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)Civil Penalties and Punitive Damages.—

Except as otherwise provided in this chapter, no civil penalty or punitive damages may be awarded with respect to any claim under this chapter.

(d)Exclusive Procedure.—
(1)In general.—

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 and in sections 1296 and 1346(g) and chapter 179 of title 28.

(2)Veterans.—

A covered employee under section 416 may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.

(e)Scope of Remedy.—

Only a covered employee who has undertaken and completed the procedures described in section 452 may be granted a remedy under part A of this subchapter.

(f)Construction.—
(1)Definitions and exemptions.—

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.

(2)Size limitations.—

Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than paragraphs (2) and (3) of section 2(a) of the Worker Adjustment and Retraining Notification Act) 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.

(g)Political Affiliation.—

It shall not be a violation of any provision of this chapter to consider, or make any employment decision based on, the party affiliation, or political compatibility with the employing office, of an employee who is a covered employee.

Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4066.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-331 · 110 Stat. 4066

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.

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