; or (ii) of the provisions of this chapter is threatened or is imminent; (B) the harm to the person outweighs the injury to the employer; (C) a likelihood of success on the merits of such action; and (D) awarding such relief is in the public interest. (3) The court may not deny a motion for injunctive relief on the basis that a party bringing an action to enforce a provision of this chapter may be awarded wages unearned due to an unlawful termination or denial of employment at the conclusion of such action. . (d) Damages against a State or private employer Section 4323 of such title is further amended, in paragraph (1) of subsection (d), by striking subparagraph (C) and inserting the following new subparagraphs: (C) The court may require the employer to pay the person the amount referred to in subparagraph (B) and interest on such amount, calculated at a rate of 3 percent per year. (D) The court may require the employer to pay the person the greater of $50,000 or the amount equal to the amounts referred to in subparagraphs (B) and (C) as liquidated damages, if the court determines that the employer knowingly failed to comply with the provisions of this chapter. . (e) Mandatory attorney fees award in successful actions for reemployment (1) MSPB actions Paragraph (4) of subsection (c) of section 4324 of such title is amended— (A) by striking may, in its discretion, and inserting shall ; and (B) by adding at the end the following new sentence: The Board may, in its discretion, award reasonable attorney fees in a case settled before the issuance of an order if the person can demonstrate that significant attorney fees were incurred and that justice requires such an award. . (2) Federal Circuit actions Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) In such Federal Circuit proceeding, the court shall award such person reasonable attorney fees, expert witness fees, and other litigation expenses if such person— (A) prevails in such Federal Circuit proceeding