2 U.S.C. § 1311 — Rights and protections under title VII of

Page 309 TITLE 2—THE CONGRESS § 1311 15 (§ 651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. The Employee Polygraph Protection Act of 1988, re- ferred to in subsec. (a)(8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chap- ter 22 (§ 2001 et seq.) of Title 29. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (a)(9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§ 2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of Title 42 and Tables. AMENDMENTS 2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12). 2018—Subsec. (c). Pub. L. 115–397 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Subsec. (a)(12) of this section, as added by Pub. L. 116–92, effective 2 years after Dec. 20, 2019, see section 1316b(e) of this title and section 1122(b)(2) of Pub. L. 116–92, set out as a note under section 9202 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. SUBCHAPTER II—EXTENSION OF RIGHTS AND PROTECTIONS PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND IN- TIMIDATION § 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 Dis- abilities Act of 1990 (a) Discriminatory practices prohibited All personnel actions affecting covered em- ployees shall be made free from any discrimina- tion based on— (1) race, color, religion, sex, or national ori- gin, 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 Ameri- cans 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 Dis- crimination 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 Reha- bilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of the Americans with Disabil- ities 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, irre- spective 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 re- spect to— (A) any staff member of an employing of- fice who carries out official duties of the em- ploying office but who is not paid by the em- ploying office for carrying out such duties (referred to in this subsection as an ‘‘unpaid staff member’’), including an intern, an indi- vidual 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 un- paid staffer for the employing office. (2) Rule of construction Nothing in paragraph (1) may be construed to extend liability for a violation of subsection Page 310 TITLE 2—THE CONGRESS § 1312 (a) to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing of- fice. (3) Intern defined For purposes of this subsection, the term ‘‘intern’’ means an individual who performs service for an employing office which is un- compensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress. (e) Effective date This section shall take effect 1 year after Jan- uary 23, 1995. (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.) Editorial Notes CODIFICATION Section is comprised of section 201 of Pub. L. 104–1. Subsec. (c) of section 201 of Pub. L. 104–1 amended sec- tion 633a of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare. AMENDMENTS 2018—Subsecs. (d), (e). Pub. L. 115–397 added subsec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGENCIES OF THE LEGISLATIVE BRANCH Pub. L. 102–166, title I, § 117, Nov. 21, 1991, 105 Stat. 1080, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: ‘‘(a) COVERAGE OF THE HOUSE OF REPRESENTATIVES.— ‘‘(1) IN GENERAL.—Notwithstanding any provision of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or of other law, the purposes of such title shall, subject to paragraph (2), apply in their en- tirety to the House of Representatives. ‘‘(2) EMPLOYMENT IN THE HOUSE.— ‘‘(A) APPLICATION.—The rights and protections under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to subparagraph (B), apply with respect to any employee in an em- ployment position in the House of Representatives and any employing authority of the House of Rep- resentatives. ‘‘(B) ADMINISTRATION.— ‘‘(i) IN GENERAL.—In the administration of this paragraph, the remedies and procedures made ap- plicable pursuant to the resolution described in clause (ii) shall apply exclusively. ‘‘(ii) RESOLUTION.—The resolution referred to in clause (i) is the Fair Employment Practices Reso- lution (House Resolution 558 of the One Hun- dredth Congress, as agreed to October 4, 1988), as incorporated into the Rules of the House of Rep- resentatives of the One Hundred Second Congress as Rule LI, or any other provision that continues in effect the provisions of such resolution. ‘‘(C) EXERCISE OF RULEMAKING POWER.—The provi- sions of subparagraph (B) are enacted by the House of Representatives as an exercise of the rulemaking power of the House of Representatives, with full recognition of the right of the House to change its rules, in the same manner, and to the same extent as in the case of any other rule of the House. ‘‘(b) INSTRUMENTALITIES OF CONGRESS.— ‘‘(1) IN GENERAL.—The rights and protections under this title [see Tables for classification] and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. ‘‘(2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES.—The chief official of each in- strumentality of the Congress shall establish rem- edies and procedures to be utilized with respect to the rights and protections provided pursuant to para- graph (1). Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in [former] section 301(c)(1) [former 42 U.S.C. 2000e–16a(c)(1)]. ‘‘(3) REPORT TO CONGRESS.—The chief official of each instrumentality of the Congress shall, after es- tablishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report de- scribing the remedies and procedures. ‘‘(4) DEFINITION OF INSTRUMENTALITIES.—For pur- poses of this section, instrumentalities of the Con- gress include the following: the Architect of the Cap- itol, the Congressional Budget Office, the Govern- ment Accountability Office, the Government Pub- lishing Office, the Office of Technology Assessment, and the United States Botanic Garden. ‘‘(5) CONSTRUCTION.—Nothing in this section shall alter the enforcement procedures for individuals pro- tected under section 717 of title VII for [of] the Civil Rights Act of 1964 (42 U.S.C. 2000e–16).’’ [Section effective Nov. 21, 1991, except as otherwise provided, see section 402(a) of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under sec- tion 1981 of Title 42, The Public Health and Welfare.] § 1312. Rights and protections under Family and Medical Leave Act of 1993 (a) Family and medical leave rights and protec- tions provided (1) In general The rights and protections established by sections 101 through 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 through 2615) shall apply to covered employ- ees. In applying section 102 of such Act [29 U.S.C. 2612] with respect to leave for an event described in subsection (a)(1)(A) or (B) of such section to covered employees, subsection (d) of this section shall apply. Paragraphs (1) and (4) of section 102(a) of such Act [29 U.S.C. 2612(a)(1), (4)] shall be subject to subsection (d) of this section. (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 em- ployed 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 subpara-