35 
1 the relief prescribed by subparagraph (B) or denying the 
2 complaint. An order of die Secretary shall be made on the 
3 record after notice and opportunity for agency hearing. The 
4 Secretary may not enter into a settlement terminating a pro- 
5 ceeding on a complaint without the participation and consent 
6 of the complainant 
7 “(B) If in response to a complaint filed under paragraph 
8 (1) the Secretary determines that a violation of subsection 
9 (a) of this section has occurred, the Secretary shall order 
10 (i) the person who committed such violation to take affirma- 
11 tive action to abate the violation, (ii) such person to re- 
12 instate the complainant to the complainant’s former position 
13 together with the compensation (including back pay) , terms, 
14 conditions, and privileges of the complainant’s employment, 
15 (iii) compensatory damages, and (iv) where appropriate, 
16 exemplary damages. If such an order is issued, the Secretary, 
17 at the request of the complainant, shall assess against the 
18 person against whom the order is issued a sum equal to the 
19 aggregate amount of all costs and expenses (including at- 
20 torney’s fees) reasonably incurred, as determined by the 
21 Secretary, by the complainant for, or in connection with, the 
22 bringing of the complaint upon which the order was issued. 
23 “ (c) (1) Any employee or employer adversely affected 
24 or aggrieved by an order issued under subsection (b) may 
25 obtain review of the order in the United States court of 
[ 612 ] 
