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U.S. Code as of:
01/19/04
Section 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) In 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.
(B) The court may require the employer to compensate the person
for any loss of wages or benefits suffered by reason of such
employer's failure to comply with the provisions of this chapter.
(C) The court may require the employer to pay the person an
amount equal to the amount referred to in subparagraph (B) as
liquidated damages, if the court determines that the employer's
failure to comply with the provisions of this chapter was
willful.
(2)(A) Any compensation awarded under subparagraph (B) or (C) of
paragraph (1) shall be in addition to, and shall not diminish, any
of the other rights and benefits provided for under this chapter.
(B) In the case of an action commenced in the name of the United
States for which the relief includes compensation awarded under
subparagraph (B) or (C) of paragraph (1), such compensation shall
be held in a special deposit account and shall be paid, on order of
the Attorney General, directly to the person. If the compensation
is not paid to the person because of inability to do so within a
period of 3 years, the compensation shall be covered into the
Treasury of the United States as miscellaneous receipts.
(3) A State shall be subject to the same remedies, including
prejudgment interest, as may be imposed upon any private employer
under this section.
(e) Equity Powers. - The court may use its full equity powers,
including temporary or permanent injunctions, temporary restraining
orders, and contempt orders, to vindicate fully the rights or
benefits of persons under this chapter.
(f) Standing. - An action under this chapter may be initiated
only by a person claiming rights or benefits under this chapter
under subsection (a) or by the United States under subsection
(a)(1).
(g) Respondent. - In any action under this chapter, only an
employer or a potential employer, as the case may be, shall be a
necessary party respondent.
(h) Fees, Court Costs. - (1) No fees or court costs may be
charged or taxed against any person claiming rights under this
chapter.
(2) In any action or proceeding to enforce a provision of this
chapter by a person under subsection (a)(2) who obtained private
counsel for such action or proceeding, the court may award any such
person who prevails in such action or proceeding reasonable
attorney fees, expert witness fees, and other litigation expenses.
(i) Inapplicability of State Statute of Limitations. - No State
statute of limitations shall apply to any proceeding under this
chapter.
(j) Definition. - In this section, the term "private employer"
includes a political subdivision of a State.
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