; (II) to reinstate the complainant to his or her former position, together with compensation, including twice the amount of back pay due, and restore the terms, conditions, and privileges associated with his or her employment; and (III) to provide compensatory damages to the complainant. (ii) Penalty If an order is issued under clause (i), the Administrator, at the request of the complainant, shall assess against the person against whom the order is issued, a sum equal to the aggregate amount of all costs and expenses (including attorney fees and expert witness fees) reasonably incurred, as determined by the Administrator, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. (C) Penalty for frivolous claims If the Administrator finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Administrator may award to the prevailing employer a reasonable attorney fee, not exceeding $1,000, to be paid by the complainant. (D) De novo review (i) Failure of the Administrator to act If the Administrator has not issued a final order within 210 days after the date of filing of a complaint under this subsection, or within 90 days after the date of receipt of a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States having 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. (ii) Procedures A proceeding under clause (i) shall be governed by the same legal burdens of proof specified in paragraph (3). 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 discharge or discrimination