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2 U.S.C. § 1362 — Notices

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1362 — Notices

Page 323 TITLE 2—THE CONGRESS § 1371 (2) Veterans A covered employee under section 1316 of this title may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee. (e) Construction (1) Definitions and exemptions Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter. (2) Size limitations Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Re- training Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of em- ployees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter. (3) Executive branch enforcement This chapter shall not be construed to au- thorize enforcement by the executive branch of this chapter. (Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, § 101(d), Dec. 21, 2018, 132 Stat. 5301.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For com- plete classification of this Act to the Code, see Short Title note se

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Stable record: federal_law:legal_authorities:usc2024-62fc2f3639bf3d51988578f1
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Page 323 TITLE 2—THE CONGRESS § 1371 (2) Veterans A covered employee under section 1316 of this title may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee. (e) Construction (1) Definitions and exemptions Except where inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter. (2) Size limitations Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Re- training Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of em- ployees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter. (3) Executive branch enforcement This chapter shall not be construed to au- thorize enforcement by the executive branch of this chapter. (Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, § 101(d), Dec. 21, 2018, 132 Stat. 5301.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For com- plete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Ta- bles. AMENDMENTS 2018—Subsecs. (e), (f). Pub. L. 115–397 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: ‘‘Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.’’ 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. § 1362. Notices (a) In general Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are custom- arily posted) a notice provided by the Office that— (1) describes the rights, protections, and pro- cedures applicable to covered employees of the employing office under this chapter, con- cerning violations described in subsection (b); and (2) includes contact information for the Of- fice. (b) Violations A violation described in this subsection is— (1) discrimination prohibited by section 1311(a) of this title (including, in accordance with section 1302(c) of this title, discrimina- tion prohibited by title II of the Genetic Infor- mation Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 1316(a) of this title; and (2) a violation of section 1317 of this title that is related to discrimination described in paragraph (1). (Pub. L. 104–1, title II, § 226, as added Pub. L. 115–397, title III, § 304(a), Dec. 21, 2018, 132 Stat. 5322.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (b)(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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon expiration of the 180-day pe- riod beginning on Dec. 21, 2018, with provisions for ef- fect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title. PART F—STUDY § 1371. Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress (a) In general The Board shall undertake a study of— (1) the application of the laws listed in sub- section (b) to— (A) the General Accounting Office; (B) the Government Printing Office; and (C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees. (b) Applicable statutes The study under this section shall consider the application of the following laws:

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1362 — Notices

**(a) In general** Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are customarily posted) a notice provided by the Office that— (1) describes the rights, protections, and procedures applicable to covered employees of the employing office under this chapter, concerning violations described in subsection (b); and (2) includes contact information for the Office. **(b) Violations** A violation described in this subsection is— (1) discrimination prohibited by [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311/a&num=0&edition=prelim) (including, in accordance with [section 1302(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1302/c&num=0&edition=prelim), discrimination prohibited by title II of the Genetic Information Nondiscrimination Act of 2008 ([42 U.S.C. 2000ff](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff&num=0&edition=prelim) et seq.)) or 1316(a) of this title; and (2) a violation of [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1317&num=0&edition=prelim) that is related to discrimination described in paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2101 — Definitions; exclusions from definition of loss of employment

**(a) Definitions** As used in this chapter— (1) the term “employer” means any business enterprise that employs— (A) 100 or more employees, excluding part-time employees; or (B) 100 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime); (2) the term “plant closing” means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees; (3) the term “mass layoff” means a reduction in force which— (A) is not the result of a plant closing; and (B) results in an employment loss at the single site of employment during any 30-day period for— (i) (I) at least 33 percent of the employees (excluding any part-time employees); and (II) at least 50 employees (excluding any part-time employees); or (ii) at least 500 employees (excluding any part-time employees); (4) the term “representative” means an exclusive representative of employees within the meaning of section 159(a) or 158(f) of this title or [section 152 of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section152&num=0&edition=prelim); (5) the term “affected employees” means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer; (6) subject to subsection (b), the term “employment loss” means (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement, (B) a layoff exceeding 6 months, or (C) a reduction in hours of work o

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 2101 — Definitions; exclusions from definition of

Page 766 TITLE 29—LABOR § 2008 (A) further interview the examinee on the basis of the results of the test; and (B) provide the examinee with— (i) a written copy of any opinion or con- clusion rendered as a result of the test, and (ii) a copy of the questions asked during the test along with the corresponding charted responses. (5) Maximum number and minimum duration of tests The examiner shall not conduct and com- plete more than five polygraph tests on a cal- endar day on which the test is given, and shall not conduct any such test for less than a 90- minute duration. (c) Qualifications and requirements of examiners The exemptions provided under subsections (d), (e), and (f) of section 2006 of this title shall not apply unless the individual who conducts the polygraph test satisfies the requirements under the following paragraphs: (1) Qualifications The examiner— (A) has a valid and current license granted by licensing and regulatory authorities in the State in which the test is to be con- ducted, if so required by the State; and (B) maintains a minimum of a $50,000 bond or an equivalent amount of professional li- ability coverage. (2) Requirements The examiner— (A) renders any opinion or conclusion re- garding the test— (i) in writing and solely on the basis of an analysis of polygraph test charts, (ii) that does not contain information other than admissions, information, case facts, and interpretation of the charts rel- evant to the purpose and stated objectives of the test, and (iii) that does not include any rec- ommendation concerning the employment of the examinee; and (B) maintains all opinions, reports, charts, written questions, lists, and other records relating to the test for a minimum period of 3 years after administration

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 2101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000ff — Definitions

In this chapter: (1) **Commission** — The term “Commission” means the Equal Employment Opportunity Commission as created by [section 2000e–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-4&num=0&edition=prelim). (2) **Employee; employer; employment agency; labor organization; member** (A) *In general* — The term “employee” means— (i) an employee (including an applicant), as defined in [section 2000e(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/f&num=0&edition=prelim); (ii) a State employee (including an applicant) described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); (iii) a covered employee (including an applicant), as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim); (iv) a covered employee (including an applicant), as defined in [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim); or (v) an employee or applicant to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) applies. (B) *Employer* — The term “employer” means— (i) an employer (as defined in [section 2000e(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/b&num=0&edition=prelim)); (ii) an entity employing a State employee described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000ff

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000ff — Definitions

Page 5338 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000ff 3 So in original. Probably should be ‘‘subparagraph (A)—’’. (B) A thorough description of the data mining technology that is being used or will be used, including the basis for determining whether a particular pattern or anomaly is indicative of terrorist or criminal activity. (C) A thorough description of the data sources that are being or will be used. (D) An assessment of the efficacy or likely efficacy of the data mining activity in pro- viding accurate information consistent with and valuable to the stated goals and plans for the use or development of the data min- ing activity. (E) An assessment of the impact or likely impact of the implementation of the data mining activity on the privacy and civil lib- erties of individuals, including a thorough description of the actions that are being taken or will be taken with regard to the property, privacy, or other rights or privi- leges of any individual or individuals as a re- sult of the implementation of the data min- ing activity. (F) A list and analysis of the laws and reg- ulations that govern the information being or to be collected, reviewed, gathered, ana- lyzed, or used in conjunction with the data mining activity, to the extent applicable in the context of the data mining activity. (G) A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such data mining activity in order to— (i) protect the privacy and due process rights of individuals, such as redress pro- cedures; and (ii) ensure that only accurate and com- plete information is collected, reviewed, gathered, analyzed, or used, and guard against any harmful consequences of po- tential in

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000ff

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