Page:United States Statutes at Large Volume 124.djvu/3996

 124 STAT. 3970 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(B) CONTENT OF ORDER.—If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation— ‘‘(i) to take affirmative action to abate the violation; ‘‘(ii) to reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privi- leges associated with his or her employment; and ‘‘(iii) to provide compensatory damages to the complainant. ‘‘(C) PENALTY.—If such an order is issued under this paragraph, the Secretary, at the request of the complain- ant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. ‘‘(D) BAD FAITH CLAIM.—If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys’ fee, not exceeding $1,000, to be paid by the complainant. ‘‘(4) ACTION IN COURT.— ‘‘(A) IN GENERAL.—If the Secretary has not issued a final decision within 210 days after the filing of the com- plaint, or within 90 days after receiving a written deter- mination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States with jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(C). ‘‘(B) RELIEF.—The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including— ‘‘(i) reinstatement with the same seniority status that the employee would have had, but for the dis- charge or discrimination; ‘‘(ii) the amount of back pay, with interest; and ‘‘(iii) compensation for any special damages sus- tained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney’s fees. ‘‘(5) REVIEW.— ‘‘(A) IN GENERAL.—Unless the complainant brings an action under paragraph (4), any person adversely affected or aggrieved by a final order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the Deadlines.