Summary: H.R.5112 — 100th Congress (1987-1988)All Information (Except Text)

There is one summary for H.R.5112. Bill summaries are authored by CRS.

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Introduced in House (07/28/1988)

Federal Employee Discrimination Complaint Procedures Act of 1988 - Amends the Civil Rights Act of 1964 to revise provisions dealing with procedures for handling allegations of employment discrimination engaged in by an entity of the Federal Government.

Requires the Equal Employment Opportunity Commission to notify and make an investigation of the Federal entity which is alleged to have engaged in discrimination. Requires the charge filed to be in writing under oath or affirmation and specifies its contents and filing deadline.

Authorizes the Commission to bring a civil action for temporary or preliminary relief.

Requires the Commission to determine whether reasonable cause exists not later than 60 days after a charge is filed and to notify the parties of the determination.

Requires the Commission, if it finds reasonable cause, to use informal methods of conference, conciliation, and persuasion. Allows the aggrieved individual, if a conciliation acceptable to the individual is not agreed to within 90 days of filing the charge, to: (1) request that the charge be adjudicated by an administrative law judge of the Commission; or (2) commence a civil action in U.S. district court.

Requires the Commission, if it finds no reasonable cause, to dismiss the charge. Allows the aggrieved individual, in such case, to commence a civil action in U.S. district court.

Provides for standards and procedures regarding the determination of whether there is reasonable cause to believe a charge is true.

Applies provisions of Federal law governing adjudications under administrative procedure to adjudications by an administrative law judge of the Commission. Sets time limits for concluding the hearing and determining the charge. Provides for issuance of subpoenas.

Requires the administrative law judge, if the charge is true by a preponderance of the evidence, to issue an order to cease and desist, to take affirmative action, and to provide other relief.

Allows a party aggrieved by the judge's order to appeal to the Commission and requires that the Commission affirm, reverse, or modify the order not later than 90 days after appeal.

Allows an individual aggrieved by an order or a determination or by the failure of the Commission to act on an appeal to commence a civil action for judicial review in a U.S. court of appeals.

Authorizes the Commission to commence a civil action in a U.S. court of appeals to enforce an order of an administrative law judge or of the Commission. Empowers the Commission, in order to enforce such an order, to order that any employee charged with complying with such order not be paid for service as an employee until the order has been complied with.

Sets forth rules with regard to review by the court of appeals.

Confers jurisdiction of actions on U.S. district courts, subject to exception. Authorizes the court, on finding unlawful discrimination, to issue injunctions, order affirmative action (including reinstatement or hiring, with or without back pay,) or order other equitable relief. Limits back pay to two years.

Declares that specified provisions of Federal law relating to the jurisdiction of courts in matters affecting employers and employees shall not apply to actions commenced under the provisions amended by this Act. Makes applicable to such actions provisions governing appeals of final decisions and interlocutory decisions. Authorizes the court to allow the prevailing party, other than the Commission or a Federal entity (including the head of the entity), a reasonable attorney's fee. Provides for the payment of interest on any monetary relief awarded.

Makes provisions amended by this Act, as in effect prior to the effective date of this Act, applicable to employment at the Library of Congress.

Gives attorneys appointed under existing provisions of the Civil Rights Act of 1964 the authority to appear for and represent the Commission in court cases against a Federal entity, notwithstanding provisions relating to the Attorney General and to the General Counsel of the Commission.

Provides for the transfer to the Commission of civilian personnel who are employed by a Federal entity to investigate, or recommend the disposition of discrimination charges against, a Federal entity.

Declares that the amendments made by this Act shall not be construed to supersede or modify specified provisions of Federal law relating to grievance procedures as covered in collective bargaining agreements.