Sec. 303. Enforcement
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/bill/114/s/2208/is/section-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any employer that violates section 302 shall be liable to any individual affected for— damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate; compensatory damages, including damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment or life, and other nonpecuniary losses; such punitive damages, up to three times the amount of actual damages sustained, as the court described in paragraph
(2)shall determine to be appropriate; and such equitable relief as may be appropriate, including employment, reinstatement, and promotion. An action to recover the damages or equitable relief prescribed in paragraph
(1)may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more affected individuals described in section 302. The Secretary of Labor may bring a civil action in any Federal or State court of competent jurisdiction to recover the damages or equitable relief described in subsection (a)(1). Notwithstanding any other provision of this section, in the case of the Library of Congress, the authority of the Secretary of Labor under this section shall be exercised by the Librarian of Congress. Notwithstanding any other provision of this section, in the case of a public agency that employs individuals as described in subparagraph
(A)or
(B)of section 3(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(2) ) (other than an entity of the legislative branch of the Federal Government), paragraph
(2)shall apply. In the case described in paragraph (1), the powers, remedies, and procedures provided (in the case of a violation of section 2302(b)(1)(A) of title 5, United States Code) in title 5, United States Code, to an employing agency, the Office of Special Counsel, the Merit Systems Protection Board, or any person alleging a violation of such section 2302(b)(1)(A), shall be the powers, remedies, and procedures this section provides in the case of a violation of section 302 to that agency, that Office, that Board, or any person alleging a violation of section 302, respectively, concerning an employee who is an individual described in paragraph (1). Consistent with regulations prescribed under section 304(d), the President shall ensure that any public agency that violates section 302(a) by taking an action prohibited under section 302(a) with respect to the amount, terms, or conditions of public assistance, shall provide to any individual who receives a less favorable amount, term, or condition of public assistance as a result of the violation— the amount of any public assistance denied or lost to such individual by reason of the violation; and the interest on the amount described in subparagraph (A), calculated at the prevailing rate; and such equitable relief as may be appropriate.
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U.S. Code