and (C). Such decision shall constitute a final agency action with respect to the matter appealed. (4) Action in court (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 request 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, including— (i) reinstatement with the same seniority status that the covered employee would have had, but for the discharge or discrimination