TITLE 42 - THE PUBLIC
HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
42 U.S.C. 2000e-16c.
Coverage of previously exempt State employees
(a) Application
The rights, protections, and remedies provided pursuant to
section 2000e-16b of this title shall apply with respect to
employment of any individual chosen or appointed, by a
person
elected to public office in any State or political
subdivision of
any State by the qualified voters thereof -
(1) to be a member of
the elected official's personal staff;
(2) to serve the elected official on the policymaking
level; or
(3) to serve the elected official as an immediate
advisor with
respect to the exercise of the constitutional or legal
powers of
the office.
(b) Enforcement by
administrative action
(1) In general
Any individual referred to in subsection (a) of this section
may file a complaint alleging a violation, not later than
180
days after the occurrence of the alleged violation, with the
Equal Employment Opportunity Commission, which, in
accordance
with the principles and procedures set forth in sections 554
through 557 of title 5, shall determine whether a violation
has
occurred and shall set forth its determination in a final
order.
If the Equal Employment Opportunity Commission determines
that a
violation has occurred, the final order shall also provide
for
appropriate relief.
(2) Referral to State and local authorities
(A) Application
Section 2000e-5(d) of this title shall apply with respect to
any proceeding under this section.
(B) Definition
For purposes of the application described in subparagraph
(A), the term "any charge filed by a member of the
Commission
alleging an unlawful employment practice" means a complaint
filed under this section.
(c) Judicial review
Any party aggrieved by a final order under subsection (b) of
this
section may obtain a review of such order under chapter 158
of
title 28. For the purpose of this review, the Equal
Employment
Opportunity Commission shall be an "agency" as that term is
used in
chapter 158 of title 28.
(d) Standard of review
To the extent necessary to decision and when presented, the
reviewing court shall decide all relevant questions of law
and
interpret constitutional and statutory provisions. The court
shall
set aside a final order under subsection (b) of this section
if it
is determined that the order was -
(1) arbitrary,
capricious, an abuse of discretion, or otherwise
not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
In making the foregoing
determinations, the court shall review the
whole record or those parts of it cited by a party, and due
account
shall be taken of the rule of prejudicial error.
(e) Attorney's fees
If the individual referred to in subsection (a) of this
section
is the prevailing party in a proceeding under this
subsection,
attorney's fees may be allowed by the court in accordance
with the
standards prescribed under section 2000e-5(k) of this title.
-SOURCE-
(Pub. L. 102-166, title III, Sec. 304, formerly Sec. 321,
Nov. 21,
1991, 105 Stat. 1097; renumbered Sec. 304 and amended Pub.
L.
104-1, title V, Sec. 504(a)(3), (4), Jan. 23, 1995, 109
Stat. 41.)
