[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5168 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5168
To make certain antidiscrimination laws applicable to the judicial
branch of the Federal Government, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Ms. Hirono (for herself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To make certain antidiscrimination laws applicable to the judicial
branch of the Federal Government, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Judiciary
Accountability Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL
Sec. 101. Definitions.
Sec. 102. Application of laws.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Subtitle A--Employment Discrimination, Employment and Reemployment of
Veterans, Intimidation, and Reprisal
Sec. 201. Rights and protections under title VII of the Civil Rights
Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation
Act of 1973, title I of the Americans with
Disabilities Act of 1990, and title II of
the Genetic Information Nondiscrimination
Act of 2008.
Sec. 202. Rights and protections relating to veterans' employment and
reemployment.
Sec. 203. Prohibition of intimidation or reprisal.
Sec. 204. Remedies and limitations.
Subtitle B--Reporting and Notices
Sec. 211. Annual reports.
Sec. 212. Notices.
TITLE III--OFFICE OF JUDICIAL INTEGRITY
Sec. 301. Establishment of the Office of Judicial Integrity.
Sec. 302. Officers, staff, and other personnel.
Sec. 303. Procedural rules.
Sec. 304. Substantive regulations.
Sec. 305. Expenses.
TITLE IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 401. Procedure for consideration of alleged violations.
Sec. 402. Initiation of proceedings.
Sec. 403. Preliminary review of claims.
Sec. 404. Mediation.
Sec. 405. Hearing.
Sec. 406. Appeal to the Board.
Sec. 407. Judicial review of board decisions and enforcement.
Sec. 408. Civil action.
Sec. 409. Judicial review of regulations.
Sec. 410. Other judicial review prohibited.
Sec. 411. Effect of failure to issue regulations.
Sec. 412. Expedited review of certain appeals.
Sec. 413. Sovereign immunity and judicial independence.
Sec. 414. Settlement.
Sec. 415. Payments.
Sec. 416. Confidentiality and referrals.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Improvements to judicial conduct and disability complaints
process.
Sec. 502. District of Columbia courts.
Sec. 503. United States Tax Court.
Sec. 504. Court of Appeals for Veterans Claims.
Sec. 505. District Court of Guam.
Sec. 506. District Court for the Northern Mariana Islands.
Sec. 507. District Court of the Virgin Islands.
Sec. 508. Transition provisions.
Sec. 509. Severability.
TITLE I--GENERAL
SEC. 101. DEFINITIONS.
Except as otherwise specifically provided in this Act, as used in
this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Office of Judicial Integrity.
(2) Chair.--The term ``Chair'' means the Chair of the Board
of Directors of the Office of Judicial Integrity.
(3) Covered employee.--The term ``covered employee'' means
any employee of an employing unit.
(4) Employee.--The term ``employee'' includes an officer,
an applicant for employment, and a former employee.
(5) Employing unit.--
(A) In general.--The term ``employing unit''
means--
(i)(I) a court of appeals of the United
States, for individuals employed directly by
the court, including covered individuals;
(II) a district court of the United States,
for individuals employed directly by the court,
including covered individuals;
(III) a bankruptcy court, for individuals
employed directly by the court, including
covered individuals;
(IV) the United States Court of Federal
Claims, for individuals employed directly by
the court, including covered individuals; and
(V) the United States Court of
International Trade, for individuals employed
directly by the court, including covered
individuals;
(ii) a judicial council of a court of
appeals, for individuals employed directly by
the council, including covered individuals;
(iii) the office of a judge of a court
described in clause (i), for individuals
appointed by the judge;
(iv) the office of a United States
magistrate judge, for individuals appointed by
the judge;
(v) the office of a bankruptcy judge, for
individuals appointed by the judge;
(vi) the office of a person who is a
circuit executive, clerk, librarian, crier, or
staff attorney of a court of appeals, for
individuals appointed by that person;
(vii) the office of the senior technical
assistant of the Court of Appeals for the
Federal Circuit, for individuals appointed by
the senior technical assistant;
(viii) the office of the clerk of a
district court of the United States, a
bankruptcy court, or the United States Court of
Federal Claims, for individuals appointed by
the clerk;
(ix) the office of a district court
executive, for individuals appointed by the
executive;
(x) the Judicial Conference of the United
States, the Administrative Office of the United
States Courts, the Federal Judicial Center, and
the United States Sentencing Commission; and
(xi) a Federal Public Defender Organization
described in section 3006A(g)(2)(A) of title
18, United States Code.
(B) Covered individual.--In subparagraph (A), the
term ``covered individual'' includes a circuit
executive, a clerk of court, a court reporter, a
probation officer, a pretrial services officer, a
librarian, a crier, a messenger, a bailiff, a staff
attorney, a preargument attorney, a bankruptcy
administrator, and (with respect to the United States
Court of Appeals for the Federal Circuit) the senior
technical assistant of that court.
(6) General counsel.--The term ``General Counsel'' means
the General Counsel of the Office of Judicial Integrity.
(7) Judge.--The term ``judge'' has the meaning given the
term in section 351 of title 28, United States Code.
(8) Judicial branch agency.--The term ``judicial branch
agency''--
(A) means an entity established in the judicial
branch of the Federal Government that is not an
employing unit described in clauses (i) through (ix),
or clause (xi), of paragraph (5)(A); and
(B) includes the Judicial Conference of the United
States, the Administrative Office of the United States
Courts, the Federal Judicial Center, and the United
States Sentencing Commission.
(9) Judicial council.--The term ``judicial council'' means
a judicial council of a circuit described in section 332 of
title 28, United States Code.
(10) OEA.--The term ``OEA'' means the Office of Employee
Advocacy.
(11) Office.--The term ``Office'' means the Office of
Judicial Integrity.
(12) Other abusive conduct.--The term ``other abusive
conduct''--
(A) means a pattern of demonstrably egregious and
hostile conduct not covered by subtitle A of title II
that--
(i) unreasonably interferes with a covered
employee's work;
(ii) creates an abusive working
environment; and
(iii) is threatening, oppressive, or
intimidating; and
(B) does not include communications and actions
that are reasonably related to--
(i) performance management, including
instruction, corrective criticism, and
evaluation;
(ii) performance improvement plans;
(iii) duty assignments and changes to duty
assignments;
(iv) office organization; or
(v) progressive discipline.
(13) Workplace misconduct.--The term ``workplace
misconduct''--
(A) means misconduct against a covered employee
that impacts or is related to the covered employee's
workplace or employment; and
(B) includes conduct prohibited under subtitle A of
title II, other abusive conduct, and other misconduct
the Board defines by rulemaking pursuant to section
304.
SEC. 102. APPLICATION OF LAWS.
The following laws shall apply, as prescribed by this Act and
notwithstanding any other provision of Federal law, to the judicial
branch of the Federal Government:
(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(2) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(3) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(4) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(5) Title II of the Genetic Information Nondiscrimination
Act of 2008 (42 U.S.C. 2000ff et seq.).
(6) Chapter 43 (relating to veterans' employment and
reemployment) of title 38, United States Code.
TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS
Subtitle A--Employment Discrimination, Employment and Reemployment of
Veterans, Intimidation, and Reprisal
SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967, THE REHABILITATION ACT OF 1973, TITLE I OF THE
AMERICANS WITH DISABILITIES ACT OF 1990, AND TITLE II OF
THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008.
(a) Discriminatory Practices Prohibited.--All personnel actions
affecting covered employees shall be made free from any discrimination
or an unlawful practice 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);
(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a);
(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 Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114); or
(4) genetic information, within the meaning of section 202
of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff-1).
(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 1977 of the
Revised Statutes (42 U.S.C. 1981), or as would be
appropriate if awarded under sections 1977A(a)(1),
1977A(b)(2), and irrespective of the size of the
employing unit, 1977A(b)(3)(D) of the Revised Statutes
(42 U.S.C. 1981a(a)(1), 1981a(b)(2), and
1981a(b)(3)(D)).
(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 Discrimination 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 Rehabilitation Act of
1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
(B) such compensatory damages as would be
appropriate if awarded under sections 1977A(a)(2),
1977A(a)(3), 1977A(b)(2), and, irrespective of the size
of the employing unit, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 1981a(a)(2), 1981a(a)(3),
1981a(b)(2), and 1981a(b)(3)(D)).
(4) Genetic information.--The remedy for a violation of
subsection (a)(4) shall be the remedy specified in section
207(g) of the Genetic Information Nondiscrimination Act of 2008
(42 U.S.C. 2000ff-6(g)).
(c) Conforming Amendments.--
(1) Genetic information nondiscrimination act of 2008.--
(A) Definitions.--Section 201(2) of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C.
2000ff(2)) is amended--
(i) in subparagraph (A)--
(I) by striking ``or'' at the end
of clause (iv);
(II) by striking the period at the
end of clause (v) and inserting ``;
or''; and
(III) by adding after clause (v)
the following:
``(vi) a covered employee (including an
applicant and a former employee), as defined in
section 101 of the Judiciary Accountability Act
of 2024.''; and
(ii) in subparagraph (B)--
(I) by striking ``or'' at the end
of clause (iv);
(II) by striking the period at the
end of clause (v) and inserting ``;
or''; and
(III) by adding after clause (v)
the following:
``(vi) an employing unit, as defined in
section 101 of the Judiciary Accountability Act
of 2024.''.
(B) Remedies and enforcement.--Section 207 of such
Act (42 U.S.C. 2000ff-6) is amended--
(i) by redesignating subsection (g) as
subsection (h); and
(ii) by inserting after subsection (f) the
following:
``(g) Employees Covered by Judiciary Accountability Act of 2024.--
``(1) In general.--The powers, remedies, and procedures
provided in the Judiciary Accountability Act of 2024 to the
Board (as defined in section 101 of that Act), or any person,
alleging a violation of section 201(a)(1) of that Act shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 201(2)(A)(vi), except as provided
in paragraphs (2) and (3).
``(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be powers, remedies,
and procedures this title provides to that Board, or any
person, respectively, alleging such a practice.
``(3) Damages.--The powers, remedies, and procedures
provided in section 1977A of the Revised Statutes (42 U.S.C.
1981a), including, irrespective of the size of the employing
unit, in subsection (b)(3)(D) of such section 1977A, shall be
powers, remedies, and procedures this title provides to that
Board, or any person, respectively, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1)).
``(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), titles III and
IV of the Judiciary Accountability Act of 2024 shall apply in
the same manner as such titles apply with respect to a claim
alleging a violation of section 201(a)(1) of such Act.''.
(d) Application to Unpaid Staff.--
(1) In general.--Subsections (a) and (b) shall ap