I
103D CONGRESS
2D SESSION
H. R. 1111
To amend title VII of the Civil Rights Act of 1964 and the Age Discrimina-
tion in Employment Act of 1967 to improve the effectiveness of adminis-
trative review of employment discrimination claims made by Federal
employees; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mr. MARTINEZ (for himself, Mr. FORD of Michigan, Mr. KILDEE, Mr. OWENS,
Ms. WOOLSEY, Mr. CONYERS, Mr. HOYER, Mrs. SCHROEDER, Mr. MIL-
LER of California, Mrs. MORELLA, Mrs. MINK, Mr. DELLUMS, Mr.
STOKES, Mr. ACKERMAN, Mrs. COLLINS of Illinois, Mr. FRANK of Massa-
chusetts, Mr. FAZIO, Mr. MORAN, Mr. PAYNE of New Jersey, and Mr.
SANDERS) introduced the following bill; which was referred jointly to the
Committees on Education and Labor and Post Office and Civil Service
MARCH 9, 1994
Additional sponsors: Mr. BAESLER, Ms. PELOSI, Mr. TOWNS, Mr. SAWYER,
Ms. SLAUGHTER, Mr. RUSH, Mr. JEFFERSON, Mr. BLACKWELL, Mr.
OLVER, Mr. HASTINGS, Ms. SNOWE, Mr. SMITH of New Jersey, Mr. FOG-
LIETTA, Mr. SERRANO, and Mr. MINETA
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 em-
ployment discrimination claims made by Federal employ-
ees; and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1993’’.
SEC. 2. AMENDMENTS RELATING TO ADMINISTRATIVE DE-
TERMINATION OF FEDERAL EMPLOYEE DIS-
CRIMINATION 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:
‘‘(o) The term ‘Commission’ means the Equal Em-
ployment Opportunity Commission.
‘‘(p) 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.
‘‘(q) The term ‘Federal employee’ means an individ-
ual employed by, or who applies for employment with, an
entity of the Federal Government.
‘‘(r) The term ‘Federal employment’ means employ-
ment by an entity of the Federal Government.
‘‘(s) The terms ‘government’, ‘government agency’,
and ‘political subdivision’ do not include an entity of the
Federal Government.’’.
(b) EEOC DETERMINATION OF FEDERAL EMPLOY-
MENT 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 Govern-
ment—
‘‘(A) to make counseling available to Fed-
eral 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 al-
leged (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 coun-
‘‘(ii) with any other entity of the Federal Gov-
ernment, 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 oc-
curred, 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, agen-
cy, 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 Com-
mission, the respondent shall notify the Commission that
the respondent has received the complaint and shall in-
form the Commission of the identity of the Federal em-
ployee aggrieved by the discrimination alleged in the com-
plaint.
‘‘(B) Not later than 10 days after the respondent or
the Merit Systems Protection Board receives the com-
plaint from a source other than the Commission, the re-
spondent 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 re-
spect to such claim, the respondent shall collect and pre-
serve documents and information (including the com-
plaint) that are relevant to such claim, including the docu-
ments 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 com-
plaint.
‘‘(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, ei-
ther—
‘‘(i) file with the Commission—
‘‘(I) a written request for a deter-
mination of such claim under subsection
(f) by an administrative judge of the Com-
mission;
‘‘(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 subpara-
graph (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 appro-
priate district court of the United States for de
novo review of such claim.
‘‘(3)(A) Such Federal employee may file a written re-
quest 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 deter-
mination.
‘‘(f)(1) If such Federal employee files a written re-
quest under subsection (e)(2)(B)(i)(I) and in accordance
with subsection (e)(3)(A) with the Commission for a deter-
mination 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 trans-
mit—
‘‘(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 per-
sonnel 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 ef-
fect on the earlier of—
‘‘(I) the order of such member; and
‘‘(II) the fourth calendar day (excluding Satur-
day, 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 subpara-
graph (A).
‘‘(C) The administrative judge may request the Com-
mission 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 au-
thority 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 sub-
paragraph (C) for any period.
‘‘(ii) The respondent shall comply with a stay in ef-
fect under this paragraph.
‘‘(4) The administrative judge shall determine wheth-
er the documents and information received under para-
graph (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 infor-
mation necessary to comply with such subsection, the ad-
ministrative 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 re-
spondent—
‘‘(A) to obtain any additional documents and
information necessary to comply with such sub-
section; and
‘‘(B) to correct any inaccuracy in the docu-
ments and information so received.
‘‘(5)(A) After examining the documents and informa-
tion received under paragraph (4), the administrative
judge shall issue an order dismissing—
‘‘(i) any frivolous claim alleged in the com-
plaint; 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 for-
mal 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 em-
ployee receives such notice—
‘‘(I) file with the Commission a written request
for appellate review of such order; or