Sec. 204. Remedies and limitations

308 words·~1 min read·/bill/118/s/5168/is/section-204·

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If a covered employee, with respect to any claim under this Act, is a prevailing party in any proceeding under section 405, 406, 407, or 408, the Merits 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 706(k) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(k) ). In any proceeding under section 405, 406, 407, or 408, 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 ( 42 U.S.C. 2000e–16(d) ).

No civil penalty or punitive damages may be awarded with respect to any claim under this Act. Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for a violation of the rights and protections afforded by this Act except as provided in this Act or the rules and regulations promulgated under this Act. A covered employee alleging a violation of section 202 may also utilize any provisions of chapter 43 of title 38, United States Code, that are applicable to that employee.

Except if inconsistent with definitions and exemptions provided in this Act, the definitions and exemptions in the laws made applicable to covered employees by this Act shall apply to claims by covered employees, and defense to claims by covered employees, under this Act. Notwithstanding paragraph (1), provisions in the laws made applicable to covered employees under this Act determining coverage based on size, whether expressed in terms of number of employees, amount of business transacted, or another measure, shall not apply in determining coverage under this Act.

This Act shall not be construed to authorize enforcement of this Act by the executive branch.

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42 USC 2000e–5(k)
42 USC 2000e–16(d)

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Sec. 204

Remedies and limitations

Cite42 USC 2000e–5(k)

Cite42 USC 2000e–16(d)

Cites 2Cited by 0 across 0 sources