[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4597 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4597
To provide relief for employees of the Federal Deposit Insurance
Corporation who were subjected to discrimination, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mr. Kennedy (for himself, Mr. Cramer, Mr. Daines, and Ms. Ernst)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide relief for employees of the Federal Deposit Insurance
Corporation who were subjected to discrimination, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDIC Discrimination Relief Act of
2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable time period.--The term ``applicable time
period'' means--
(A) with respect to covered laws described in
subparagraphs (A) through (D) of paragraph (3), the
period beginning January 1, 2015, and ending December
31, 2023; and
(B) with respect to the Pregnant Workers Fairness
Act (42 U.S.C. 2000gg et seq.), the period beginning on
the effective date of that Act and ending on December
31, 2023.
(2) Covered employee.--The term ``covered employee'' means
an individual employed at the Federal Deposit Insurance
Corporation for not less than 30 days during the period
beginning January 1, 2015, and ending December 31, 2023.
(3) Covered law.--The term ``covered law'' means:
(A) Section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16).
(B) Section 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a).
(C) Section 501 of the Rehabilitation Act of 1973
(29 U.S.C. 791).
(D) Title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et
seq.).
(E) The Pregnant Workers Fairness Act (42 U.S.C.
2000gg et seq.).
SEC. 3. ADMINISTRATIVE REMEDIES; STATUTE OF LIMITATIONS.
(a) Exhaustion of Administrative Remedies Not Required.--
Notwithstanding any other provision of law, a covered employee shall
not be required to exhaust administrative remedies before bringing a
civil action under a covered law to obtain appropriate relief for a
violation of a covered law that occurred during the applicable time
period.
(b) Extension of Statute of Limitations.--
(1) Civil action.--Notwithstanding any other applicable
statute of limitations for a covered law, on a date that is not
later than 1 year after the date of enactment of this Act, a
covered employee may bring a civil action to obtain appropriate
relief for a violation of a covered law that occurred during
the applicable time period. Subject to subsection (a), the
applicable procedures and remedies for a covered law shall
apply.
(2) Administrative remedies.--Notwithstanding any other
provision of law, on a date that is not later than 180 days
after the date of enactment of this Act, a covered employee may
pursue administrative remedies to obtain appropriate relief for
a violation of a covered law that occurred during the
applicable time period. The statute of limitations for a civil
action will be tolled while a covered employee pursues such
administrative remedies.
SEC. 4. FEDERAL CIVIL ACTION RELATING TO DISCRIMINATION.
(a) In General.--A covered employee may bring a civil action in the
United States District Court for the District of Columbia or a district
court of the United States of appropriate jurisdiction to obtain
appropriate relief for a violation of a covered law that occurred
during the applicable time period. Nothing in this section shall impair
any party's right to a trial by jury.
(b) Immunity Limitation.--The United States may not assert any
claim to immunity in an action by a covered employee to obtain
appropriate relief for a violation of a covered law that occurred
during the applicable time period.
(c) Remedies and Attorney Fees.--In addition to any other remedies
authorized under an applicable covered law, in any civil action
commenced pursuant to this Act, the court, in its discretion, may allow
the prevailing party, other than the United States, a reasonable
attorney's fee, and the United States shall be liable for the foregoing
the same as a private individual.
(d) Res Judicata.--
(1) In general.--If a covered employee brought a civil
action in a district court of the United States for a claim of
a violation of a covered law, and a circumstance described in
paragraph (2) resulted, that decision on that claim (including
any relief awarded) shall be final.
(2) Applicable circumstances.--A decision on a claim shall
be final in accordance with paragraph (1) if the claim--
(A) was decided on the merits;
(B) was litigated but dismissed for failure to
state a claim; or
(C) would be barred due to an out of court
settlement relating to that claim.
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