Sec. 4. Enhanced remedies for enforcement of employment and reemployment rights of members of the uniformed services
811 words·~4 min read·
/bill/113/hr/5375/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4323(d) of title 38, United States Code, is amended— by redesignating paragraphs
(2)and
(3)as paragraphs
(4)and (5), respectively; in paragraph
(4)(as so redesignated)— by inserting or damages after compensation each place it appears; by striking subparagraph
(B)or
(C)of paragraph
(1)the first place it appears and inserting paragraph
(1)or
(3); and by striking subparagraph
(B)or
(C)of paragraph
(1)the second place it appears and inserting paragraph
(1)or
(3); and by striking the subsection enumerator and heading and paragraph
(1)and inserting the following: A State or private employer who violates the provisions of this chapter shall be liable to any person affected— for damages in the amount of— any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or in a case in which wages, salary, benefits, or other compensation have not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; the interest on the amount described in subparagraph
(A)calculated at the prevailing interest rates over the period of time for which the damages are due; and an additional amount as liquidated damages equal to the sum of the amount described in subparagraph
(A)and the interest described in subparagraph (B), or $10,000, whichever is greater except that, if the employer proves to the satisfaction of the court that the act or omission giving rise to the person’s action was in good faith and that the employer had reasonable grounds for believing the act or omission was not a violation of the provisions of this chapter, the court may award, in its discretion, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph
(A)and the interest described in subparagraph (B). In any action under this section, the court may require the employer to comply with the provisions of this chapter. . Section 4323(d) of such title is further amended by inserting after paragraph
(2)(as inserted by subsection (a)(3) of this section) the following new paragraph: In the case of a violation of this chapter by a State or private employer with 25 or more employees, the court shall require the employer to pay the person affected punitive damages if the court determines that the employer’s violation of this chapter was done with malice or reckless indifference to the rights of the person under this chapter. . Section 4323(d) of such title is further amended by adding at the end the following: A person who commences an action under this section shall be entitled to a trial by jury. . Paragraph
(2)of section 4324(c) of such title is amended to read as follows: If the Board determines that a Federal executive agency or the Office of Personnel Management has violated the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or Office to comply with such provisions and to compensate such person— for damages in the amount of— any wages, salary, benefits, or other compensation denied or lost by such person by reason of the violation; or in a case in which wages, salary, benefits, or other compensation has not been denied or lost to the person, any actual monetary losses sustained by the person as a result of the violation; the interest on the amount described in subparagraph
(A)calculated at the prevailing interest rates over the period of time for which the damages are due; and an additional amount as liquidated damages equal to the sum of the amount described in subparagraph
(A)and the interest described in subparagraph (B), or $10,000, whichever is greater; except that, if the Federal executive agency or the Office of Personnel Management proves to the satisfaction of the Board that the act or omission giving rise to such person’s complaint was in good faith and that the agency or Office had reasonable grounds for believing that the act or omission was not a violation of the provisions of this chapter, the Board may award, in the discretion of the Board, no liquidated damages or award any amount of liquidated damages not to exceed 100 percent of the compensation or damages awarded under subparagraph
(A)and the interest described in subparagraph (B). . The amendments made by this section shall apply to— any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act.