(D) ADMINISTRATIVE APPEAL.—Not later 
than 30 days after the receipt of findings of 
fact or an order under subparagraph (B), the 
employer or employers alleged to have com-
mitted the violation or the complainant may 
file, with objections, an administrative appeal 
with the Secretary, who may designate such ap-
peal to a review board. In reviewing a decision 
and order of the administrative law judge, the 
Secretary shall affirm the decision and order if 
it is determined that the factual findings set 
forth therein are supported by substantial evi-
dence and the decision and order are made in 
accordance with applicable law. The Secretary 
shall issue a final decision and order affirming, 
or reversing, in whole or in part, the decision 
under review within 90 days after receipt of the 
administrative appeal under this subparagraph. 
If it is determined that a violation of subsection 
(a)(1) has occurred, the Secretary shall order 
relief provided under subparagraphs (B) and 
(C). Such decision shall constitute a final agen-
cy action with respect to the matter appealed. 
(4) ACTION IN COURT.— 
VerDate Sep 11 2014 
04:32 Oct 01, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) IN
GENERAL.—If the Secretary has 
not issued a final decision within 330 days after 
the filing of the complaint, the complainant 
may bring an action at law or equity for de 
novo review in the appropriate district court of 
the United States, which action shall, at the re-
quest of either party to such action, be tried by 
the court with a jury. The proceedings shall be 
governed by the same legal burdens of proof 
specified in paragraph (2)(C). 
(B) RELIEF.—The court may award all 
appropriate relief including injunctive relief, 
compensatory and consequential damages, in-
cluding— 
(i) reinstatement with the same se-
niority status that the covered employee 
would have had, but for the discharge or 
discrimination; 
(ii) the amount of double back pay 
sufficient to make the covered employee 
whole, with prejudgment interest; 
(iii) expungement of all warnings, rep-
rimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating 
VerDate Sep 11 2014 
04:32 Oct 01, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
kjohnson on DSK7ZCZBW3PROD with $$_JOB
to the actions by the complainant that 
gave rise to the unfavorable personnel ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information; 
(iv) exemplary damages, as appro-
priate; and 
(v) litigation costs, including reason-
able attorney fees and expert witness fees. 
(5) REVIEW.— 
(A) IN GENERAL.—Any person aggrieved 
by a final order issued under paragraph (3) or 
a judgment or order under paragraph (4) may 
obtain review of the order in the appropriate 
United States Court of Appeals. The petition 
for review must be filed not later than 60 days 
after the date of the issuance of the final order 
of the Secretary. Review shall be in accordance 
with chapter 7 of title 5, United States Code. 
The commencement of proceedings under this 
subparagraph shall not, unless ordered by the 
court, operate as a stay of the order. 
VerDate Sep 11 2014 
04:32 Oct 01, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) NO
OTHER
JUDICIAL
REVIEW.—An 
order of the Secretary with respect to which re-
view could have been obtained under subpara-
graph (A) shall not be subject to judicial review 
in any other proceeding. 
(6) FAILURE TO COMPLY WITH ORDER.—When-
ever any employer has failed to comply with an order 
issued under paragraph (3), the Secretary may ob-
tain in a civil action in the United States district 
court for the district in which the violation was 
found to occur, or in the United States district court 
for the District of Columbia, all appropriate relief 
including, but not limited to, injunctive relief and 
compensatory damages. 
(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 
(A) IN GENERAL.—Whenever an employer 
has failed to comply with an order issued under 
paragraph (3), the complainant on whose behalf 
the order was issued may obtain in a civil ac-
tion in an appropriate United States district 
court against the employer to whom the order 
was issued, all appropriate relief. 
(B) AWARD.—The court, in issuing any 
final order under this paragraph, may award 
costs of litigation (including reasonable attor-
VerDate Sep 11 2014 
04:32 Oct 01, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
kjohnson on DSK7ZCZBW3PROD with $$_JOB
neys’ and expert witness fees) to any party 
whenever the court determines such award is 
appropriate. 
(c) CONSTRUCTION.— 
(1) EFFECT ON OTHER LAWS.—Nothing in this 
section preempts or diminishes any other safeguards 
against discrimination, demotion, discharge, suspen-
sion, threats, harassment, reprimand, retaliation, or 
any other manner of discrimination provided by Fed-
eral or State law. 
(2) RIGHTS OF EMPLOYEES.—Nothing in this 
section shall be construed to diminish the rights, 
privileges, or remedies of any employee under any 
Federal or State law or under any collective bar-
gaining agreement. The rights and remedies in this 
section may not be waived by any agreement (includ-
ing an arbitration agreement), policy, form, or con-
dition of employment. 
(d) ENFORCEMENT
OF NONDISCRETIONARY DU-
TIES.—Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code. 
(e) POSTING OF NOTICE AND TRAINING.—All em-
ployers shall post a notice which has been approved as to 
form and content by the Secretary of Labor in a con-
VerDate Sep 11 2014 
04:32 Oct 01, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5792.IH
H5792
kjohnson on DSK7ZCZBW3PROD with $$_JOB