Page:United States Statutes at Large Volume 112 Part 5.djvu/571

 PUBLIC LAW 105-368 —NOV. 11, 1998 112 STAT. 3329 Subtitle B—Uniformed Services Employ- ment and Remployment Rights Act Amendments SEC. 211. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS AN EMPLOYER. (a) IN GENERAL.—Section 4323 is amended to read as follows: ''§4323. Enforcement of rights with respect to a State or private employer "(a) ACTION FOR RELIEF. — (1) A person who receives from the Secretary a notification pursuant to section 4322(e) of this title of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. In the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action. "(2) A person may commence an action for relief with respect to a complaint against a State (as an employer) or a private employer if the person— "(A) has chosen not to apply to the Secretary for assistance under section 4322(a) of this title; "(B) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or "(C) has been refused representation by the Attorney General with respect to the complaint under such paragraph. "(b) JURISDICTION.—(1) In the case of an action against a State (as an employer) or a private employer commenced by the United States, the district courts of the United States shall have jurisdiction over the action. "(2) Ijn the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdiction in accordance with the laws of the State. "(3) In the case of an action against a private employer by a person, the district courts of the United States shall have jurisdiction of the action. "(c) VENUE.—(1) In the case of an action by the United States against a State (as an employer), the action may proceed in the United States district court for any district in which the State exercises any authority or carries out any function. "(2) In the case of an action against a private employer, the action may proceed in the United States district court for any district in which the private employer of the person maintains a place of business. "(d) REMEDIES.— (1) In any action under this section, the court may award relief as follows: "(A) The court may require the employer to comply with the provisions of this chapter.

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