of the performance of any act or duty under this Act, obtains evidence that any employer has engaged in conduct that may constitute a violation of Federal criminal law, the Secretary shall refer the matter to the Attorney General for prosecution under any applicable law. Nothing in this paragraph shall affect any other authority of the Secretary to disclose information. (D) Litigation The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this subsection. (3) Private right of action (A) In general (i) Covered individual Notwithstanding any action by the Secretary under paragraph (2)(B), any covered individual adversely affected by an alleged violation of section 3 or 6, may commence a civil action against any person that violates such section in any Federal court of competent jurisdiction. (ii) Labor organization Notwithstanding any action by the Secretary under paragraph (2)(B), any labor organization adversely affected by an alleged violation of 3 or 6 may commence a civil action against any person that violates such section in any Federal court of competent jurisdiction. (B) Relief (i) In general In a civil action brought under subparagraph (A) in which the covered individual or labor organization prevails, the court may award the covered individual or labor organization— (I) damages of— (aa) an amount equal to the sum of any actual damages sustained by the covered individual