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2026-07-06 09:52:37 -04:00

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LegalText 2 U.S.C. § 1361 Generally applicable remedies and limitations us united_states_code code_section 2 THE CONGRESS 24 CONGRESSIONAL ACCOUNTABILITY 1361 2 U.S.C. § 1361 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip /us/usc/t2/s1361 data/legal/raw/us/code/title-02/usc02.xml c85a041cc40dcd396f423cf6f69088ddfb5d5c69e80969a4e9fa2574bb867c8b ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e 9711e03eee0d97b0ca1550eb209187cfaa164f95af76b8d04d594f62b96d4f5a 2026-07-04 official
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2 U.S.C. § 1361 - Generally applicable remedies and limitations

Text

(a) Attorneys 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 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 attorneys fees, expert fees, and any other costs as would be appropriate if awarded under section 2000e5(k) of title 42.

(b) Interest 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 2000e16(d) of title 42.

(c) Civil penalties and punitive damages 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.

(2) Veterans 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.

(e) 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 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.

(3) Executive branch enforcement This chapter shall not be construed to authorize enforcement by the executive branch of this chapter.

(Pub. L. 1041, title II, § 225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115397, title I, § 101(d), Dec. 21, 2018, 132 Stat. 5301.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original “this Act”, meaning Pub. L. 1041, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.

Amendments2018—Subsecs. (e), (f). Pub. L. 115397 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: “Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.”

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115397, set out as a note under section 1301 of this title.