Collapse to view only § 1317. Prohibition of intimidation or reprisal
- § 1311. Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990
- § 1312. Rights and protections under Family and Medical Leave Act of 1993
- § 1313. Rights and protections under Fair Labor Standards Act of 1938
- § 1314. Rights and protections under Employee Polygraph Protection Act of 1988
- § 1315. Rights and protections under Worker Adjustment and Retraining Notification Act
- § 1316. Rights and protections relating to veterans’ employment and reemployment
- § 1316a. Legislative branch appointments
- § 1316b. Rights and protections relating to criminal history inquiries
- § 1317. Prohibition of intimidation or reprisal
§ 1311. Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990
(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2);
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112–12114).
(b) Remedy
(1) Civil rights
The remedy for a violation of subsection (a)(1) shall be—
(A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(g)); and
(B) such compensatory damages as would be appropriate if awarded under section 1981 of title 42, or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2) Age discrimination
The remedy for a violation of subsection (a)(2) shall be—
(A) such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)); and
(B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act (29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of such Act (29 U.S.C. 626(f)) shall apply to covered employees.
(3) Disabilities discrimination
The remedy for a violation of subsection (a)(3) shall be—
(A) such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)); and
(B) such compensatory damages as would be appropriate if awarded under sections 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(c) Omitted
(d) Application to unpaid staff
(1) In general
Subsections (a) and (b) shall apply with respect to—
(A) any staff member of an employing office who carries out official duties of the employing office but who is not paid by the employing office for carrying out such duties (referred to in this subsection as an “unpaid staff member”), including an intern, an individual detailed to an employing office, and an individual participating in a fellowship program, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and
(B) a former unpaid staff member, if the act that may be a violation of subsection (a) occurred during the service of the former unpaid staffer for the employing office.
(2) Rule of construction
(3) Intern defined
(e) Effective date
(Pub. L. 104–1, title II, § 201, Jan. 23, 1995, 109 Stat. 7; Pub. L. 115–397, title III, § 302(a), Dec. 21, 2018, 132 Stat. 5321.)
§ 1312. Rights and protections under Family and Medical Leave Act of 1993
(a) Family and medical leave rights and protections provided
(1) In general
(2) Definitions
For purposes of the application described in paragraph (1)—
(A) the term “employer” as used in the Family and Medical Leave Act of 1993 means any employing office, and
(B) the term “eligible employee” as used in the Family and Medical Leave Act of 1993 means a covered employee who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.
The requirements of subparagraph (B) shall not apply with respect to leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).
(b) Remedy
(c) Omitted
(d) Special rule for paid parental leave
(1) Substitution of paid leave
(2) Amount of paid leave
The paid leave that is available to a covered employee for purposes of paragraph (1) is—
(A) the number of weeks of paid parental leave in connection with the birth or placement involved that corresponds to the number of administrative workweeks of paid parental leave available to employees under section 6382(d)(2)(B)(i) of title 5; and
(B) during the 12-month period referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (
(3) Limitation
(4) Additional rules
Paid parental leave under paragraph (2)(A)—
(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office;
(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use; and
(C) shall apply without regard to the limitations in subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5 or section 104(c)(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).
(e) Regulations
(1) In general
(2) Agency regulations
(f) Effective date
(1) In general
(2) Government Accountability Office and Library of Congress
(Pub. L. 104–1, title II, § 202, Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 116–92, div. F, title LXXVI, § 7603(a), (b), Dec. 20, 2019, 133 Stat. 2306, 2307; Pub. L. 116–283, div. A, title XI, § 1103(g)(1), Jan. 1, 2021, 134 Stat. 3889.)
§ 1313. Rights and protections under Fair Labor Standards Act of 1938
(a) Fair labor standards
(1) In general
(2) Interns
(3) Compensatory time
(b) Remedy
(c) Regulations to implement section
(1) In general
(2) Agency regulations
(3) Irregular work schedules
(4) Law enforcement
(d) Omitted
(e) Effective date
(Pub. L. 104–1, title II, § 203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104–197, title III, § 312, Sept. 16, 1996, 110 Stat. 2415.)
§ 1314. Rights and protections under Employee Polygraph Protection Act of 1988
(a) Polygraph practices prohibited
(1) In general
(2) Definitions
(3) Capitol Police
(b) Remedy
(c) Regulations to implement section
(1) In general
(2) Agency regulations
(d) Effective date
(1) In general
(2) Government Accountability Office and Library of Congress
(Pub. L. 104–1, title II, § 204, Jan. 23, 1995, 109 Stat. 10; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–141, div. I, title I, § 153(a)(2)(A), Mar. 23, 2018, 132 Stat. 785.)
§ 1315. Rights and protections under Worker Adjustment and Retraining Notification Act
(a) Worker adjustment and retraining notification rights
(1) In general
(2) Definitions
(b) Remedy
(c) Regulations to implement section
(1) In general
(2) Agency regulations
(d) Effective date
(1) In general
(2) Government Accountability Office and Library of Congress
(Pub. L. 104–1, title II, § 205, Jan. 23, 1995, 109 Stat. 11; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 115–141, div. I, title I, § 153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.)
§ 1316. Rights and protections relating to veterans’ employment and reemployment
(a) Employment and reemployment rights of members of uniformed services
(1) In general
It shall be unlawful for an employing office to—
(A) discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38, against an eligible employee;
(B) deny to an eligible employee reemployment rights within the meaning of sections 4312 and 4313 of title 38; or
(C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38.
(2) Definitions
For purposes of this section—
(A) the term “eligible employee” means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, whose service has not been terminated upon occurrence of any of the events enumerated in section 4304 of title 38,
(B) the term “covered employee” includes employees of the Government Accountability Office, and
(C) the term “employing office” includes the Government Accountability Office.
(b) Remedy
(c) Regulations to implement section
(1) In general
(2) Agency regulations
(d) Effective date
(1) In general
(2) Government Accountability Office and Library of Congress
(Pub. L. 104–1, title II, § 206, Jan. 23, 1995, 109 Stat. 12; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–275, title VII, § 703(b), Oct. 13, 2010, 124 Stat. 2888; Pub. L. 115–141, div. I, title I, § 153(a)(2)(C), Mar. 23, 2018, 132 Stat. 785.)
§ 1316a. Legislative branch appointments
(1) Definitions
(2) Rights and protections
(3) Remedies
(A) In general
(B) Procedure
(4) Regulations to implement section
(A) In general
(B) Agency regulations
(C) Coordination
(5) Applicability
Notwithstanding any other provision of this section, the term “covered employee” shall not, for purposes of this section, include an employee—
(A) whose appointment is made by the President with the advice and consent of the Senate;
(B) whose appointment is made by a Member of Congress or by a committee or subcommittee of either House of Congress; or
(C) who is appointed to a position, the duties of which are equivalent to those of a Senior Executive Service position (within the meaning of section 3132(a)(2) of title 5).
(6) Effective date
(Pub. L. 105–339, § 4(c), Oct. 31, 1998, 112 Stat. 3185.)
§ 1316b. Rights and protections relating to criminal history inquiries
(a) Definitions
(b) Restrictions on criminal history inquiries
(1) In general
(A) In general
(B) Conditional offer
(2) Rules of construction
(c) Remedy
(1) In general
(2) Process for obtaining relief
(d) Regulations to implement section
(1) In general
(2) Parallel with agency regulations
(e) Effective date
(Pub. L. 104–1, title II, § 207, as added Pub. L. 116–92, div. A, title XI, § 1122(d)(1)(C), Dec. 20, 2019, 133 Stat. 1608.)
§ 1317. Prohibition of intimidation or reprisal
(a) In general
(b) Remedy
(Pub. L. 104–1, title II, § 208, formerly § 207, Jan. 23, 1995, 109 Stat. 13; renumbered § 208, Pub. L. 116–92, div. A, title XI, § 1122(d)(1)(B), Dec. 20, 2019, 133 Stat. 1608.)