FDIC Discrimination Relief Act of 2024

Bill: 118-s-4597
Sponsor: full_name: Sen. Kennedy, John [R-LA]
Introduced: 2024-06-20
Policy area: Finance and Financial Sector
Latest action: action_date: 2024-06-20
text: Read twice and referred to the Committee on the Judiciary.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4597 IN THE SENATE OF THE UNITED STATES June 20, 2024 Mr. Kennedy (for himself, Mr. Cramer , Mr. Daines , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide relief for employees of the Federal Deposit Insurance Corporation who were subjected to discrimination, and for other purposes.

1. Short title This Act may be cited as the FDIC Discrimination Relief Act of 2024 . 2. Definitions In this Act: (1) Applicable time period The term applicable time period means— (A) with respect to covered laws described in subparagraphs (A) through (D) of paragraph (3), the period beginning January 1, 2015, and ending December 31, 2023; and (B) with respect to the Pregnant Workers Fairness Act ( 42 U.S.C. 2000gg et seq. ), the period beginning on the effective date of that Act and ending on December 31, 2023. (2) Covered employee The term covered employee means an individual employed at the Federal Deposit Insurance Corporation for not less than 30 days during the period beginning January 1, 2015, and ending December 31, 2023. (3) Covered law The term covered law means: (A) Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ). (B) Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ). (C) Section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ). (D) Title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ). (E) The Pregnant Workers Fairness Act ( 42 U.S.C. 2000gg et seq. ). 3. Administrative remedies; statute of limitations (a) Exhaustion of administrative remedies not required Notwithstanding any other provision of law, a covered employee shall not be required to exhaust administrative remedies before bringing a civil action under a covered law to obtain appropriate relief for a violation of a covered law that occurred during the applicable time period. (b) Extension of statute of limitations (1) Civil action Notwithstanding any other applicable statute of limitations for a covered law, on a date that is not later than 1 year after the date of enactment of this Act, a covered employee may bring a civil action to obtain appropriate relief for a violation of a covered law that occurred during the applicable time period. Subject to subsection (a), the applicable procedures and remedies for a covered law shall apply. (2) Administrative remedies Notwithstanding any other provision of law, on a date that is not later than 180 days after the date of enactment of this Act, a covered employee may pursue administrative remedies to obtain appropriate relief for a violation of a covered law that occurred during the applicable time period. The statute of limitations for a civil action will be tolled while a covered employee pursues such administrative remedies. 4. Federal civil action relating to discrimination (a) In general A covered employee may bring a civil action in the United States District Court for the District of Columbia or a district court of the United States of appropriate jurisdiction to obtain appropriate relief for a violation of a covered law that occurred during the applicable time period. Nothing in this section shall impair any party’s right to a trial by jury. (b) Immunity limitation The United States may not assert any claim to immunity in an action by a covered employee to obtain appropriate relief for a violation of a covered law that occurred during the applicable time period. (c) Remedies and attorney fees In addition to any other remedies authorized under an applicable covered law, in any civil action commenced pursuant to this Act, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable for the foregoing the same as a private individual. (d) Res judicata (1) In General If a covered employee brought a civil action in a district court of the United States for a claim of a violation of a covered law, and a circumstance described in paragraph (2) resulted, that decision on that claim (including any relief awarded) shall be final. (2) Applicable circumstances A decision on a claim shall be final in accordance with paragraph (1) if the claim— (A) was decided on the merits; (B) was litigated but dismissed for failure to state a claim; or (C) would be barred due to an out of court settlement relating to that claim.