• Part Number:
    1983
  • Part Number Title:
    Procedures for the Handling of Retaliation Complaints Under Section 219 of the Consumer Product Safety Improvement Act of 2008
  • Subpart:
    1983 Subpart C
  • Subpart Title:
    Miscellaneous Provisions
  • Standard Number:
  • Title:
    Judicial enforcement.
  • GPO Source:
    e-CFR

Whenever any person has failed to comply with a preliminary order of reinstatement, or a final order, including one approving a settlement agreement, issued under CPSIA, the Secretary or a person on whose behalf the order was issued may file a civil action seeking enforcement of the order in the United States district court for the district in which the violation was found to have occurred. The Secretary also may file a civil action seeking enforcement of the order in the United States district court for the District of Columbia. In civil actions under this section, the district court will have jurisdiction to grant all appropriate relief, including, but not limited to, injunctive relief and compensatory damages, including:

1983.113(a)
Reinstatement with the same seniority status that the employee would have had, but for the discharge or retaliation;
1983.113(b)
The amount of back pay, with interest; and
1983.113(c)
Compensation for any special damages sustained as a result of the discharge or retaliation, including litigation costs, expert witness fees, and reasonable attorney's fees.

[75 FR 53543, August 31, 2010; 77 FR 40508, July 10 2012]