; and (ii) in violation of this subsection. (B) Rebuttal The presumption under subparagraph (A) may be rebutted by clear and convincing evidence that the adverse action was taken for other permissible reasons. (3) Civil action A worker may bring a civil action in a Federal or State court of competent jurisdiction against any person or entity described in paragraph (1) that violates this subsection to seek such legal or equitable relief as may be appropriate, including reinstatement, promotion, the payment of wages lost, an additional equal amount as liquidated damages, and punitive damages. An action commenced under this paragraph may be commenced within 2 years after the cause of action accrued. In any judgment in favor of a worker, and in any proceeding to enforce such a judgment, the court shall award reasonable attorney’s fees and costs to the prevailing plaintiff. (h) Clarification Nothing in this section shall be construed to require an alien described in subsection (b) to appear before an agent of the Department of Homeland Security or any other Federal agency for an interview. (i) Period described The period described in this subsection is the period beginning on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. (j) Submission of biometric and biographic data (1) In general (A) In general The Secretary may not grant an alien adjustment of status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. (B) Alternative procedure The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data due to a physical or mental impairment or bona fide religious objection. (2) Background checks (A) In general The Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks