Federal Employee Fairness Act of 1991 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to provide for coverage and administrative determination by the Equal Employment Opportunity Commission (EEOC) of Federal employee discrimination claims under title VII.
Requires Federal agencies to make voluntary counseling and a voluntary alternative dispute process available to Federal employees to resolve complaints. Prohibits such agencies from: (1) requiring Federal employees to participate in such counseling or dispute process; or (2) discouraging them from filing title VII discrimination complaints. Entitles the Federal employee, if a settlement agreement has not been reached with the respondent, to either: (1) file with the EEOC a request for determination of the title VII claim by an EEOC administrative judge or, under certain conditions, by the Merit Systems Protection Board (MSPB), or under certain administrative and judicial procedures under Federal law relating to Federal employees; or (2) commence a civil action in an appropriate U.S. district court for de novo review of such title VII claim.
Amends the Age Discrimination in Employment Act (ADEA) with respect to nondiscrimination on account of age in Federal Government employment and EEOC enforcement of the prohibition. Allows aggrieved individuals to either: (1) file a complaint with the Commission in accordance with, and in the same manner as claims under, title VII of the Civil Rights Act of 1964; or (2) commence a civil action, within a specified period, in an appropriate U.S. district court for de novo review of the violation. Requires the EEOC to: (1) notify promptly all persons named in the notice as prospective defendants in such action; and (2) take any appropriate action to eliminate any unlawful practice. Allows individuals with a complaint pending before the EEOC during a specified period the opportunity to commence a civil action within a specified period.
Amends Federal law relating to Federal employees with respect to grievance procedures and actions involving discrimination. Allows a Federal employee to commence, within 120 days after a final decision in a grievance procedure, a civil action in an appropriate U.S. district court for de novo review of a complaint of discrimination prohibited by any law administered by the EEOC.
Allows a Federal employee or applicant for Federal employment to file a complaint with the EEOC in accordance with title VII of the Civil Rights Act of 1964 and select specified administrative and judicial procedures under title VII or other Federal law relating to Federal employees for grievance procedures or actions involving discrimination. Directs the agency (including the EEOC and the MSPB) that carries out such selected procedures to apply the appropriate substantive law. Allows a Federal employee who elected specified procedures, if the EEOC dismisses the claim under title VII, to raise the action within a certain time period under other specified procedures relating to Federal employees, except that no allegation of a kind involving specified Federal laws against discrimination cited in the dismissed complaint may be thus raised. Entitles a Federal employee to file within a specified period a civil action in the appropriate U.S. district court for de novo review of the action raised under specified procedures if there is no judicially reviewable action at the end of a specified period.
Directs the EEOC, within one year after enactment of this Act, to issue rules to: (1) assist Federal Government entities to comply with this Act; and (2) establish a uniform written notice and requirements applicable to collecting and preserving documents and information.
HR 3613 IH 102d CONGRESS 1st Session H. R. 3613 To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to improve the effectiveness of administrative review of employment discrimination claims made by Federal employees; and for other purposes. IN THE HOUSE OF REPRESENTATIVES October 22, 1991 Mr. MARTINEZ (for himself, Mr. SIKORSKI, Mr. FORD of Michigan, Mr. GILMAN, Mr. CONYERS, Mr. HOYER, Mrs. SCHROEDER, Ms. OAKAR, Mr. STOKES, Mr. FISH, Mr. ACKERMAN, Mr. MILLER of California, Mr. KILDEE, Mrs. MORELLA, Mrs. MINK, Mr. DELLUMS, Mrs. COLLINS of Illinois, Mr. RICHARDSON, Mrs. BOXER, Mr. FRANK of Massachusetts, Mr. LEVINE of California, Mr. FAZIO, Mr. JONTZ, Mr. DYMALLY, Mr. HAYES of Illinois, Mr. SAWYER, Mr. PAYNE of New Jersey, Mr. OWENS of New York, Mr. SANDERS, Ms. NORTON, Mr. MORAN, Mr. VENTO, Mr. FUSTER, and Mr. DE LUGO) introduced the following bill; which was referred jointly to the Committees on Education and Labor and Post Office and Civil Service A BILL To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 to improve the effectiveness of administrative review of employment discrimination claims made by Federal employees; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Federal Employee Fairness Act of 1991'. SEC. 2. AMENDMENTS RELATING TO ADMINISTRATIVE DETERMINATION OF FEDERAL EMPLOYEE DISCRIMINATION CLAIMS. (a) DEFINITIONS- Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) is amended-- (1) in paragraph (f) by striking `The term' and inserting `Except when it appears as part of the term `Federal employee', the term', and (2) by adding at the end the following: `(l) The term `Commission' means the Equal Employment Opportunity Commission. `(m) The term `entity of the Federal Government' means an entity to which section 717(a) applies, except that such term does not include the Library of Congress. `(n) The term `Federal employee' means an individual employed by, or who applies for employment with, an entity of the Federal Government. `(o) The term `Federal employment' means employment by an entity of the Federal Government. `(p) The terms `government', `government agency', and `political subdivision' do not include an entity of the Federal Government.'. (b) EEOC DETERMINATION OF FEDERAL EMPLOYMENT DISCRIMINATION CLAIMS- Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended-- (1) in subsection (b)-- (A) in the first paragraph (2) by striking `and' at the end, (B) in paragraph (3) by striking the period and inserting `; and', and (C) by inserting after paragraph (3) the following: `(4) require each entity of the Federal Government-- `(A) to make counseling available to Federal employees who choose to notify such entity that they believe such entity has discriminated against them in violation of subsection (a), for the purpose of trying to resolve the matters with respect to which such discrimination is alleged (Such entity shall assist such employee to identify the respondent required by subsection (c)(1) to be named in a complaint alleging such violation, shall inform such Federal employee individually of the procedures and deadlines that apply under this section to a claim alleging such discrimination, and shall make such counseling available throughout the administrative process.); `(B) to establish a voluntary alternative dispute process to resolve complaints, except that a Federal employee's decision to forgo such process shall not affect the rights of such employee under this title; `(C) not to discourage Federal employees from filing complaints on any matter relating to discrimination in violation of this section; and `(D) not to require Federal employees to participate in counseling made available under subparagraph (A) or in a dispute resolution process made available under subparagraph (B).', (2) by striking subsection (c), (3) in subsection (d)-- (A) by striking `(k)' and inserting `(j)', (B) by striking `brought hereunder' and inserting `commenced under this section', and (C) by adding at the end the following: `The head of the department, unit, or agency in which discrimination in violation of subsection (a) is alleged to have occurred shall be the defendant in a civil action alleging such violation. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party (other than an entity of the Federal Government) a reasonable attorney's fee (including expert fees and other litigation expenses), costs, and the same interest to compensate for delay in payment as a court has authority to award under section 706(k), as amended from time to time.', (4) by redesignating subsections (d) and (e) as subsections (m) and (n), respectively, and (5) by inserting after subsection (b) the following: `(c)(1)(A) Except as provided in subparagraph (B), a complaint filed by or on behalf of a Federal employee or a class of Federal employees and alleging a claim of discrimination arising under subsection (a) shall name as the respondent, and be filed with, the head of the department, agency, or unit in which such discrimination is alleged to have occurred, or with the Commission, not later than 180 days after the alleged discrimination occurs. `(B) If, not later than 180 days after the alleged discrimination occurs, the complaint is filed-- `(i) with such department, agency, or unit and fails to name the head of the department, agency, or unit as the respondent; or `(ii) with any other entity of the Federal Government, regardless of the respondent named; the complaint shall be considered to be filed in compliance with subparagraph (A). `(2)(A) If the complaint is filed with an entity of the Federal Government other than the department, agency, or unit in which such discrimination is alleged to have occurred, then-- `(i) such entity (other than the Commission) shall transmit the complaint to the Commission, not later than 15 days after receiving the complaint; and `(ii) the Commission shall transmit a copy of the complaint, not later than 10 days after receiving the complaint, to the head of the department, agency, or unit in which such discrimination is alleged to have occurred (hereinafter in this section referred to as the `respondent'). `(3)(A) Not later than 3 days after the respondent receives the complaint from a source other than the Commission, the respondent shall notify the Commission that the respondent has received the complaint and shall inform the Commission of the identity of the Federal employee aggrieved by the discrimination alleged in the complaint. `(B) Not later than 10 days after the respondent or the Merit Systems Protection Board receives the complaint from a source other than the Commission, the respondent or the Board shall transmit to the Commission a copy of the complaint. `(d) Throughout the period beginning on the date the respondent receives the complaint and ending on the latest date by which all administrative and judicial proceedings available under this section have been concluded with respect to such claim, the respondent shall collect and preserve documents and information (including the complaint) that are relevant to such claim, including not less than the documents and information that comply with rules issued by the Commission. `(e)(1) The respondent shall make reasonable efforts to conciliate each claim alleged in the complaint during-- `(A) the 30-day period; or `(B) with the written consent of the aggrieved Federal employee, the 60-day period; beginning on the date the respondent receives the complaint. `(2) Before the expiration of the applicable period specified in paragraph (1) and with respect to such claim, the respondent shall-- `(A) enter into a settlement agreement with such Federal employee; or `(B) give formal written notice to such Federal employee that such Federal employee may, before the expiration of the 90-day period beginning on the date such Federal employee receives such notice, either-- `(i) file with the Commission-- `(I) a written request for a determination of such claim under subsection (f) by an administrative judge of the Commission; `(II) if such claim alleges an action appealable to the Merit System Protection Board, a written request electing that a determination of such claim be made under the procedures specified in either subparagraph (A) or (B) of section 7702(a)(2) of title 5, United States Code, or a request described in subclause (I); or `(III) if such claim alleges a grievance that is subject to section 7121 of title 5, United States Code but not appealable to the Merit Systems Protection Board, a written request to raise such claim under the administrative and judicial procedures provided in such section 7121 or a request described in subclause (I); or `(ii) commence a civil action in an appropriate district court of the United States for de novo review of such claim. `(3)(A) Such Federal employee may file a written request described in paragraph (2)(B)(i), or commence a civil action described in paragraph (2)(B)(ii), at any time-- `(i) after the expiration of the applicable period specified in paragraph (1); and `(ii) before the expiration of the 90-day period specified in paragraph (2). `(B) If such Federal employee files a written request under subclause (II) or (III) of paragraph (2)(B)(i) and in accordance with subparagraph (A), the Commission shall transmit, not later than 10 days after receipt of such request, the complaint to the appropriate agency for determination. `(f)(1) If such Federal employee files a written request under subsection (e)(2)(B)(i)(I) and in accordance with subsection (e)(3)(A) with the Commission for a determination under this subsection of a claim with respect to which notice is required by subsection (e)(2), then the Commission shall transmit a copy of such request to the respondent and shall appoint an administrative judge of the Commission to determine such claim. `(2) Immediately after receiving a copy of a request under subsection (e)(2)(B)(i), the respondent shall transmit-- `(A) to the Commission if such request is for a determination under this subsection; or `(B) to the Merit Systems Protection Board if such request is for a determination be made under the procedures specified in section 7702(a)(2)(A) of title 5 of the United States Code; a copy of all documents and information collected by the respondent under subsection (d) with respect to such claim. `(3)(A)(i) If the administrative judge determines there are reasonable grounds to believe that to carry out the purposes of this section it is necessary to stay a personnel action by the respondent against the aggrieved Federal employee, the administrative judge may request any member of the Commission to issue a stay against such personnel action for 15 calendar days. `(ii) A stay requested under clause (i) shall take effect on the earlier of-- `(I) the order of such member; and `(II) the fourth calendar day (excluding Saturday, Sunday, and any legal public holiday) following the date on which such stay is requested. `(B) The administrative judge may request any member of the Commission to extend, for a period not to exceed 30 calendar days, a stay issued under subparagraph (A). `(C) The administrative judge may request the Commission to extend such stay for any period the Commission considers to be appropriate beyond the period in effect under subparagraph (A) or (B). `(D)(i) Members of the Commission shall have authority to issue and extend a stay for the periods referred to in subparagraphs (A) and (B). The Commission shall have authority to extend a stay in accordance with subparagraph (C) for any period. `(ii) The respondent shall comply with a stay in effect under this paragraph. `(4) The administrative judge shall determine whether the documents and information received under paragraph (2) comply with subsection (d) and are complete and accurate. If the administrative judge finds that the respondent has failed to produce the documents and information necessary to comply with such subsection, the administrative judge shall, in the absence of good cause shown by the respondent, impose any of the sanctions specified in paragraph (6)(C) and shall require the respondent-- `(A) to obtain any additional documents and information necessary to comply with such subsection; and `(B) to correct any inaccuracy in the documents and information so received. `(5)(A) After examining the documents and information received under paragraph (4), the administrative judge shall issue an order dismissing-- `(i) any frivolous claim alleged in the complaint; and `(ii) the complaint if it fails to state a nonfrivolous claim for which relief may be granted under this section. `(B)(i) If a claim or the complaint is dismissed under subparagraph (A), the administrative judge shall give formal written notice to the aggrieved Federal employee that such Federal employee may, before the expiration of the 90-day period beginning on the date such Federal employee receives such notice-- `(I) file with the Commission a written request for appellate review of such order; or `(II) commence a civil action in an appropriate district court of the United States for de novo review of such claim or such complaint. `(ii) Such Federal employee may commence such civil action in 90-day period specified in clause (i). `(6)(A)(i) If the complaint is not dismissed under paragraph (5)(A), the administrative judge shall make a determination, after an opportunity for a hearing, on the merits of each claim that is not dismissed under such paragraph. The administrative judge shall make a determination on the merits of any other nonfrivolous claim under this title, and on any action such Federal employee may appeal to the Merit Systems Protection Board, reasonably expected to arise from the facts on which the complaint is based. `(ii) As soon as practicable, the administrative judge shall-- `(I) determine whether the administrative proceeding with respect to such claim may be maintained as a class proceeding; and `(II) if the administrative proceeding may be so maintained, shall describe those whom the administrative judge finds to be members of such class. `(B) With respect to such claim, a party may conduct discovery by such means as may be available in a civil action to the extent deemed appropriate by the administrative judge. `(C) If the aggrieved Federal employee or the respondent fails without good cause to respond fully and in a timely fashion to a request made or approved by the administrative judge for information or the attendance of a witness, and if such information or such witness is solely in the control of the party who so fails to respond, then the administrative judge may, in appropriate circumstances-- `(i) draw an adverse inference that the requested information, or the testimony of the requested witness, would have reflected unfavorably on the party who so fails to respond; `(ii) consider the matters to which such information or such testimony pertains to be established in favor of the opposing party; `(iii) exclude other evidence offered by the party who so fails to respond; `(iv) grant full or partial relief to the aggrieved Federal employee; or `(v) take such other action the administrative judge considers to be appropriate. `(D) In a hearing on a claim, the administrative judge shall-- `(i) limit attendance to persons who have a direct connection with such claim; `(ii) bring out pertinent facts and relevant employment practices and policies, but-- `(I) exclude irrelevant or unduly repetitious information; and `(II) not apply the Federal Rules of Evidence strictly; `(iii) permit all parties to examine and crossexamine witnesses; and `(iv) require that testimony be given under oath or affirmation. `(E) At the request of any party or the administrative judge, a transcript of all or part of such hearing shall be provided in a timely manner and simultaneously to the parties and the Commission. The respondent shall bear the cost of providing such transcript. `(F) The administrative judge shall have authority-- `(i) to administer oaths and affirmation; `(ii) to regulate the course of hearings; `(iii) to rule on offers of proof and receive evidence; `(iv) to issue subpoenas to compel-- `(I) the production of documents or information by the entity of the Federal Government in which discrimination is alleged to have occurred; and `(II) the attendance of witnesses who are Federal officers or employees of such entity; `(v) to request the Commission to issue subpoenas to compel the production of documents or information by any other entity of the Federal Government and the attendance of other witnesses, except that any witness who is not an officer or employee of an entity of the Federal Government may be compelled only to attend any place-- `(I) less than 100 miles from the place where such witness resides, is employed, transacts business in person, or is served; or `(II) at such other convenient place as is fixed by the administrative judge; and shall be paid fees and allowances, by the party that requests the subpoena, to the same extent that fees and allowances are paid to witnesses under chapter 119 of title 28, United States Code, as amended from time to time; `(vi) to exclude witnesses whose testimony would be unduly repetitious; `(vii) to exclude any person from a hearing for contumacious conduct, or for misbehavior, that obstructs such hearing; and `(viii) to grant any and all relief of a kind described in subsections (g) and (k) of section 706, as amended from time to time. `(G) The administrative judge and Commission shall have authority to award a reasonable attorney's fee (including expert fees and other litigation expenses), costs, and the same interest to compensate for delay in payment as a court has authority to award under section 706(k), as amended from time to time. `(H) The Commission shall have authority to issue subpoenas described in subparagraph (F)(v). `(I) In the case of contumacy or failure to obey a subpoena issued under subparagraph (F) or (H), the United States district court for the judicial district in which the person to whom the subpoena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. `(7)(A) Except as provided in subparagraph (B), the administrative judge shall issue a written order making the determination required by paragraph (6)(A), and granting or denying relief, not later than-- `(i) 210 days after the complaint containing such claim is filed on behalf of a Federal employee; or `(ii) 270 days after the complaint containing such claim is filed on behalf of a class of Federal employees; except that these time periods shall not begin running until 30 days after the administrative judge is assigned to the case if the administrative judge certifies, in writing, that such 30-day period is needed to secure additional documents or information from the respondent to have a complete administrative record. `(B) The administrative judge shall issue such order not later than 30 days after the applicable period specified in subparagraph (A) if the administrative judge certifies in writing, before the expiration of such applicable period-- `(i) that such 30-day period is necessary to make such determination; and `(ii) the particular and unusual circumstances that prevent the administrative judge from complying with the applicable period specified in subparagraph (A). `(C) The administrative judge may apply to the Commission to extend any period applicable under subparagraph (A) or (B) if manifest injustice would occur in the absence of such an extension. `(D) The Commission-- `(i) may not grant such extension; or `(ii) shall terminate such extension; if the aggrieved Federal employee shows that such extension would prejudice a claim of, or otherwise harm, such Federal employee. `(E) In addition to findings of fact and conclusions of law, such order shall include formal written notice to each party that before the expiration of the 90-day period beginning on the date such party receives such order-- `(i) the aggrieved Federal employee may commence a civil action in an appropriate district court of the United States for de novo review of a claim with respect to which such order is issued; and `(ii) unless and until a civil action is commenced in such 90-day period under clause (i) with respect to such claim, any party may file with the Commission a written request for appellate review of the determination made, and relief granted or denied, in such order with respect to such claim. `(F) Such Federal employee may commence such civil action at any time-- `(i) after the expiration of the applicable period specified in subparagraph (A) or (B); and `(ii) before the expiration of the 90-day period beginning on the date such Federal employee receives an order described in subparagraph (A). `(G) If such order applies to more than one claim and if such employee neither-- `(i) commences a civil action in accordance with subparagraph (E)(i); nor `(ii) requests appellate review in accordance with subparagraph (E)(ii); with respect to a particular claim, then the determination made, and relief granted, in such order with respect to such particular claim shall be enforceable immediately. `(g)(1) If a party files timely a written request in accordance with subsection (f)(5)(B)(i) or (f)(7)(E)(ii) with the Commission for appellate review of the determination made, and relief granted or denied, with respect to a claim in such order, then the Commission shall immediately transmit a copy of such request to the other parties involved and to the administrative judge who issued such order. `(2) Not later than 7 days after receiving a copy of such request, the administrative judge shall transmit to the Commission the record of the proceeding on which such order is based, including all documents and information collected by the respondent under subsection (d). `(3)(A) After allowing the parties to file briefs with respect to such determination, the Commission shall issue an order applicable with respect to such claim affirming, reversing, or modifying the applicable provisions of the order of the administrative judge not later than-- `(i) 150 days after receiving such request; or `(ii) 30 days after such 150-day period if the Commission certifies in writing, before the expiration of such 150-day period-- `(I) that such 30-day period is necessary to review such claim; and `(II) the particular and unusual circumstances that prevent the Commission from complying with clause (i). `(B) The Commission shall affirm the determination made, and relief granted or denied, by the administrative judge with respect to such claim if such determination and such relief are supported by substantial evidence in the record taken as a whole. The findings of fact of the administrative judge shall be conclusive unless the Commission determines that they are clearly erroneous. `(C) In addition to findings of fact and conclusions of law, the Commission shall include in its order formal written notice to the aggrieved Federal employee that, before the expiration of the 90-day period beginning on the date such Federal employee receives such order, such Federal employee may commence a civil action in an appropriate district court of the United States for de novo review of a claim with respect to which such order is issued. `(D) Such Federal employee may commence such civil action at any time-- `(i) after the expiration of the applicable period specified in subparagraph (A); and `(ii) before the expiration of the 90-day period specified in subparagraph (C). `(h)(1) In addition to the periods authorized by subsections (f)(7)(E) and (g)(3)(D)-- `(A) during the period beginning 300 days after an aggrieved Federal employee timely requests an administrative determination under subsection (f) with respect to a claim and ending on the date the administrative judge issues an order under such subsection with respect to such claim; and `(B) during the period beginning 180 days after such Federal employee timely requests appellate review under subsection (g) of such determination with respect to such claim and ending on the date the Commission issues an order under such subsection with respect to such claim; such Federal employee may commence a civil action in an appropriate district court of the United States for de novo review of such claim. `(2) Whenever a civil action is commenced timely and otherwise in accordance with this section to determine the merits of a claim arising under this section, the jurisdiction of the administrative judge or the Commission (as the case may be) to determine the merits of such claim shall terminate. `(i) A Federal employee who prevails on a claim arising under this section, or the Commission, may bring a civil action in an appropriate district court of the United States to enforce-- `(1) the provisions of a settlement agreement applicable to such claim; `(2) the provisions of an order issued by an administrative judge under subsection (f)(7)(A) applicable to such claim if-- `(A) a request is not filed timely under subsection (g)(1) for appellate review by the Commission; and `(B) a civil action is not commenced timely under subsection (g)(3)(D) for de novo review; of such claim; or `(3) the provisions of an order issued by the Commission under subsection (g)(3)(A) applicable to such claim if a civil action is not commenced timely under subsection (g)(3)(D) for de novo review of such claim. `(j) Any amount awarded under this section (including fees, costs, and interest awarded under subsection (f)(6)(G)), or under title 28 of the United States Code, with respect to a violation of subsection (a), shall be paid by the entity of the Federal Government that violated such subsection from any funds made available to such entity by appropriation or otherwise. `(k)(1) An entity of the Federal Government against which a claim of discrimination or retaliation is alleged under this section shall grant the aggrieved Federal employee a reasonable amount of official time, in accordance with regulations issued by the Commission, to prepare an administrative complaint based on such allegation and to participate in administrative proceedings relating to such claim. `(2) An entity of the Federal Government against which a claim of discrimination is alleged in complaint filed in a civil action under this section shall grant the aggrieved Federal employee paid leave for time reasonably expended to prepare for, and participate in, such civil action. Such leave shall be granted in accordance with regulations issued by the Commission, except that such leave shall include reasonable time for-- `(A) attendance at depositions; `(B) meetings with counsel; `(C) other ordinary and legitimate undertakings in such civil action, that require the presence of such Federal employee; and `(D) attendance at such civil action. `(3) Whenever the administrative judge or the Commission (as the case may be), or a court, finds that a Federal employee has engaged in discrimination prohibited by this section, the employing authority of such Federal employee shall-- `(A) impose appropriate sanctions on such Federal employee; and `(B) report to the Commission the sanctions imposed on such Federal employee. `(4)(A) If the Commission finds that such sanctions are inadequate, the Commission shall refer the matter to the Special Counsel for disciplinary action under section 1215 of title 5, United States Code. `(B) For purposes of section 1215(a)(1) of such title, the Commission's referral of such matter to the Special Counsel shall be deemed to be a determination by the Special Counsel that disciplinary action should be taken against such Federal employee. `(l) This section, as in effect immediately before the effective date of the Federal Employee Discrimination and Equal Employment Opportunity Amendments of 1991, shall apply with respect to employment in the Library of Congress.'. SEC. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT. (a) ENFORCEMENT BY EEOC- Section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a) is amended-- (1) by striking subsections (c) and (d), and (2) by inserting after subsection (b) the following: `(c)(1) Any individual aggrieved by a violation of subsection (a) of this section may file a complaint with the Commission in accordance with section 717 of the Civil Rights Act of 1964. `(2) Except as provided in subsection (d), such section 717 shall apply to a violation alleged in a complaint filed under paragraph (1) in the same manner as such section applies to a claim arising under section 717 of such Act. `(d)(1) If an individual aggrieved by a violation of this section does not file a complaint under subsection (c)(1), such individual may commence a civil action-- `(A) not less than 30 days after filing with the Commission a notice of intent to commence such action; and `(B) not more than 2 years after the alleged violation of this section occurs; in an appropriate district court of the United States for de novo review of such violation. `(2) On receiving such notice, the Commission shall-- `(A) promptly notify all persons named in such notice as prospective defendants in such action; and `(B) take any appropriate action to ensure the elimination of any unlawful practice. `(3) Sections 717(m) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(d)) shall apply to civil actions commenced under this subsection in the same manner as such section applies to civil actions commenced under section 717 of the Civil Rights Act of 1964.'. (b) OPPORTUNITY TO COMMENCE CIVIL ACTION- If a complaint filed under section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a) with the Equal Employment Opportunity Commission is pending in the period beginning on the date of the enactment of this Act and ending on December 31, 1991, the individual who filed such complaint may commence a civil action under such section not later than June 30, 1992. SEC. 4. AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE. (a) GRIEVANCE PROCEDURES- Section 7121 of title 5, United States Code, is amended-- (1) in subsection (a)(1) by inserting `administrative' after `exclusive', and (2) in subsection (d)-- (A) by inserting `(1)' after `(d)', (B) in the first and second sentences by striking `An' and inserting `Except as provided in paragraph (2), an', (C) in the last sentence by striking `Selection' and all that follows through `any other', and inserting the following: `(3) An employee may commence, not later than 120 days after a final decision, a civil action in an appropriate district court of the United States for de novo review of a', and (D) by inserting after the second sentence the following: `(2) Matters covered under section 7702 of this title, or under a law administered by the Equal Employment Opportunity Commission, may be raised under the negotiated grievance procedure in accordance with this section only if an employee elects under section 717(e)(2)(B)(i)(III) of the Civil Rights Act of 1964 to proceed under this section.'. (b) ACTIONS INVOLVING DISCRIMINATION- Section 7702 of title 5, United States Code, is amended to read as follows: `Sec. 7702. Actions involving discrimination `(a)(1) Notwithstanding any other provision of law, in the case of any employee or applicant for employment who-- `(A) is affected by an action which the employee or applicant may appeal to the Merit System Protection Board, and `(B) alleges that a basis for the action was discrimination prohibited by-- `(i) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000a-16); `(ii) section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); `(iii) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); `(iv) sections 12 and 13 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a); or `(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv) of this subparagraph; the employee or applicant may raise the action as provided in paragraph (2). `(2) For purposes of paragraph (1), the employee shall raise the action by filing a complaint with the Equal Employment Opportunity Commission in accordance with section 717 of the Civil Rights Act of 1964 and shall make a request under section 717(e)(2)(B)(i) selecting the procedures specified in one of the following subparagraphs: `(A) The administrative and judicial procedures provided under sections 7701 and 7703. `(B) The administrative and judicial procedures provided under section 7121. `(C) The administrative and judicial procedures provided under section 717 of title VII of the Civil Rights Act of 1964. `(3) The agency (including the Board and the Equal Employment Opportunity Commission) that carries out such procedures shall apply the substantive law that is applied by the agency that administers the particular law referred to in subsection (a)(1) of this section that prohibits the conduct alleged to be the basis of the action referred to in subsection (a)(1)(A). `(b) If-- `(1) an employee elects the procedures specified in subsection (a)(2)(C); and `(2) the Equal Employment Opportunity Commission dismisses under section 717(f)(5)(A) of the Civil Rights Act of 1964 a claim that is based on the action raised by the employee; then the employee shall have 90 days in which to raise the action under the procedures specified in subparagraph (A) or (B) of subsection (a)(2), except that no allegation of a kind described in paragraph (a)(1)(B) may be raised under this subsection. `(c) If at any time after the 120th day following an election made under section 717(e)(2)(B)(i) of the Civil Rights Act of 1964 to raise an action under the procedures specified in subsection (a)(2)(A) of this section there is no judicially reviewable action, an employee shall be entitled to file, not later than 240 days after making such election, a civil action in an appropriate district court of the United States for de novo review of the action raised under subsection (a) of this section. `(d) Nothing in this section shall be construed to affect the right to trial de novo under any provision of law described in subsection (a)(1) after a judicially reviewable action.'. SEC. 5. TECHNICAL AMENDMENTS. Section 717(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(b)) is amended by striking `Civil Service Commission' each place it appears and inserting `Commission'. SEC. 6. ISSUANCE OF PROCEDURAL GUIDELINES AND NOTICE RULES. Not later than 1 year after the date of the enactment of this Act, the Equal Employment Opportunity Commission shall issue-- (1) rules to assist entities of the Federal Government to comply with section 717(d) of the Civil Rights Act of 1964, as added by section 2 of this Act, and (2) rules establishing-- (A) a uniform written official notice to be used to comply with section 717 of such Act, as added by section 2 of this Act, and (B) requirements applicable to collecting and preserving documents and information under section 717(d), as added by section 2 of this Act. SEC. 7. RULES OF CONSTRUCTION. Any reference in any law (other than title VII of the Civil Rights Act of 1964) to any provision of title VII of the Civil Rights Act of 1964 amended by this Act shall be deemed to be a reference to such provision as amended by this Act. SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) EFFECTIVE DATE- Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on January 1, 1992. (b) APPLICATION OF AMENDMENTS- Except as provided in section 7, the amendments made by this Act (other than sections 3 and 4) shall apply only with respect to complaints filed under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) on or after the effective date of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Referred to the House Committee on Post Office and Civil Service.
Executive Comment Requested from OMB, OPM.
Referred to the Subcommittee on Civil Service.
Referred to the Subcommittee on Employment Opportunities.
Executive Comment Requested from EEOC.
Executive Comment Requested from Merit Sys Protection Brd, Justice.
Executive Comment Requested from EEOC.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Executive Comment Received from EEOC.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee With an Amendment in the Nature of a Substitute.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).