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2 U.S.C. § 1408 — Civil action
Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction** The district courts of the United States shall have jurisdiction over any civil action commenced under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim) and this section by a covered employee.
**(b) Parties** The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred.
**(c) Jury trial** Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.
**(d) Appearances by House Employment Counsel**
(1) **In general** — The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the Unit
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Stable record: federal_law:legal_authorities:record_usc_1bcbcfb8c64547cbdb89460f
Source file: Laws/federal/codes/united-states-code/title-2/section-1408-civil-action--b9ccf638e2.md
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Source location: Title 2, Chapter 24, § 1408; chapter-024-congressional-accountability.md
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**(a) Jurisdiction** The district courts of the United States shall have jurisdiction over any civil action commenced under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim) and this section by a covered employee.
**(b) Parties** The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred.
**(c) Jury trial** Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.
**(d) Appearances by House Employment Counsel**
(1) **In general** — The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.
(2) **House Employment Counsel defined** — In this subsection, the term “Office of House Employment Counsel of the House of Representatives” means—
(A) the Office of House Employment Counsel established and operating under the authority of the Clerk of the House of Representatives as of November 12, 2001;
(B) any successor office to the Office of House Employment Counsel which is established after November 12, 2001; and
(C) any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to employing offices of the House of Representatives in connection with actions brought under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 104–1, title IV, § 404, Jan. 23, 1995, 109 Stat. 33; Pub. L. 114–6, § 2(b), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–141, div. I, title I, § 153(b)(2), Mar. 23, 2018, 132 Stat. 786, related to election of proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–2&num=0&edition=prelim));
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ([29 U.S.C. 633a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim)); or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim)) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12112–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112–121&num=0&edition=prelim)14).
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/g&num=0&edition=prelim)); and
(B) such compensatory damages as would be appropriate if awarded under [section 1981 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), 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 o
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) **Employee** — The term “employee” includes an applicant for employment and a former employee.
(5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
(6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
(7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Claim**
(1) **Filing of claim** — To commence a proceeding under this subchapter, a covered employee alleging a violation of law made applicable under part A of subchapter II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2) **Contents of claim** — The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
(3) **No effect on ability of covered employee to seek information from office or pursue relief** — Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a covered employee—
(A) to contact the Office or any other appropriate office prior to filing a claim under this section to seek information regarding the employee’s rights under this chapter and the procedures available under this chapter;
(B) in the case of a covered employee of an employing office of the House of Representatives or Senate, to refer information regarding an alleged violation of part A of subchapter II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as the case may be); or
(C) to file a civil action in accordance with [section 1401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401/b&num=0&edition=prelim).
**(b) Initial processing of claim**
(1) **Intake and recording; notification to employing office** — Upon the filing of a claim by a covere
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and review of claims** Except as otherwise provided, the procedure for consideration of an alleged violation of part A of subchapter II consists of—
(1) the filing of a claim by the covered employee alleging the violation, as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim);
(2) the preliminary review of the claim, to be conducted by a hearing officer as provided in [section 1402a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a&num=0&edition=prelim);
(3) mediation as provided in [section 1403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1403&num=0&edition=prelim), if requested and agreed to by the parties under that section; and
(4) a formal hearing as provided in [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), subject to Board review as provided in [section 1406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406&num=0&edition=prelim) and judicial review in the United States Court of Appeals for the Federal Circuit as provided in [section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim).
**(b) Right of employee to file civil action**
(1) **Civil action** — Only a covered employee who has filed a claim timely as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and who has not submitted a request for a hearing on the claim pursuant to [section 1405(a) of this title](https://uscode
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of mediation**
(1) **Notification regarding mediation**
(A) *Covered employee* — Upon receipt of a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim), the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
(B) *Employing office* — Upon transmission to the employing office of the claim pursuant to [section 1402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402/b&num=0&edition=prelim), the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
(2) **Initiation**
(A) *In general* — During the period described in subparagraph (B), either the covered employee who filed a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
(B) *Timing* — A covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and ending on the date o
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preliminary review by hearing officer**
(1) **Appointment** — Not later than 7 days after transmission to the employing office of a claim pursuant to [section 1402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402/b&num=0&edition=prelim), the Executive Director shall appoint a hearing officer to conduct a preliminary review of the claim.
(2) **Process for appointment** — The Executive Director shall appoint a hearing officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a hearing officer under [section 1405(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405/c&num=0&edition=prelim).
**(b) Assessments required** In conducting a preliminary review of a claim under this section, the hearing officer shall assess each of the following:
(1) Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this subchapter.
(2) Whether the office which is the subject of the claim is an employing office under this chapter.
(3) Whether the individual filing the claim has met the applicable deadlines for filing the claim under this subchapter.
(4) The identification of factual and legal issues involved with respect to the claim.
(5) The specific relief sought by the individual.
(6) Whether, on the basis of the assessments made under paragraphs (1) through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this subchapter.
(7) The potential for the settlement of the claim without a formal hearing as provided under [section 1405 of this
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for hearings to commence in Office**
(1) **Hearing required upon request** — If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim), a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall appoint an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office.
(2) **Exceptions** — Paragraph (1) does not apply with respect to the claim if—
(A) the hearing officer’s report on the preliminary review of the claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim) includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in [section 1402a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/d&num=0&edition=prelim)); or
(B) the covered employee files a civil action as provided in [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim) with respect to the claim.
**(b) Dismissal** A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails to state a claim upon which relief may be granted.
**(c) Hearing officer**
(1) **Appointment** — Upon the filing of a request for a hearing under subsection (a), the Executive Director shall appoint an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mediation** All information discussed or disclosed in the course of any mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement.
**(b) Hearings and deliberations** Except as provided in subsections (c), (d), and (e), all proceedings and deliberations of hearing officers and the Board, including any related records, shall be confidential. This subsection shall not apply to proceedings under [section 1341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1341&num=0&edition=prelim), but shall apply to the deliberations of hearing officers and the Board under that section. The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.
**(c) Release of records for judicial action** The records of hearing officers and the Board may be made public if required for the purpose of judicial review under [section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim).
**(d) Automatic referral to Congressional Ethics Committee of dispositions of claims involving Members of Congress and senior staff**
(1) **Referral** — Upon the final disposition under this subchapter (as described in paragraph (6)) of a claim alleging a violation described in [section 1415(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/d/1/C&num=0&edition=pre
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transition provisions for employees of House of Representatives and of Senate**
(1) **Claims arising before effective date** — If, as of the date on which [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) takes effect, an employee of the Senate or the House of Representatives has or could have requested counseling under section 305 11 See References in Text note below. of the Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including counseling for alleged violations of family and medical leave rights under title V of the Family and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions of that Act and Rule shall remain in effect with respect to, and provide the exclusive procedures for, those claims until the completion of all such procedures.
(2) **Claims arising between effective date and opening of Office** — If a claim by an employee of the Senate or House of Representatives arises under section 1311 or 1312 of this title after the effective date of such sections, but before the opening of the Office for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the provisions of the Government Employees Rights Act of 1991 and Rule LI of the House of Representatives relating to counseling and mediation shall remain in effect, and the employee may complete under that Act or Rule the requirements for counseling and mediation under sections 1402 and 1403 of this title. If, after counseling and mediation is completed, the Office has not yet opened for the filing of a timely complaint under [sect
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