H.R.169 - Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002107th Congress (2001-2002)
Summary: H.R.169 — 107th Congress (2001-2002)
Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 - Title I: General Provisions - Expresses the sense of Congress that Federal agencies: (1) should not retaliate for court judgments or settlements relating to discrimination and whistle blower laws by targeting the claimant or other employees with reductions in compensation, benefits, or workforce; (2) should not use a reduction in force or furloughs as means of funding a reimbursement under this Act; (3) should ensure that managers have adequate training in the management of a diverse workforce and in dispute resolution; (4) are expected to reimburse the General Fund of the Treasury within a reasonable time under this Act; and (5) may need to extend reimbursement over several years in order to avoid reductions in force, furloughs, reductions in compensation or benefits, or an adverse effect on the mission of the agency. Declares that: (1) the agency's mission and the security of employees who are blameless in a whistle blower incident should not be compromised; and (2) accountability in the enforcement of employee rights is not furthered by terminating the employment or benefits of other employees or if Federal agencies react by taking unfounded disciplinary actions against, or by violating the procedural rights of, managers who have been accused of discrimination.
Passed Senate amended (04/23/2002)
Title II: Federal Employee Discrimination and Retaliation - Requires the amount of any claim, final judgment, award, or compromise settlement paid to any current or former Federal employee or applicant in connection with specified anti-discrimination and whistle blower protection complaints to be reimbursed to the Treasury out of the operating expenses of the agency to which the discriminatory conduct is attributable.
(Sec. 202) Sets forth requirements for: (1) the written notification of Federal employees and applicants of their rights and remedies under anti-discrimination and whistle blower protection laws, including by posting that information on the Internet; and (2) employee training regarding such rights and remedies.
(Sec. 203) Requires each Federal agency to submit an annual report to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, each congressional committee with jurisdiction relating to the agency, the Equal Employment Opportunity Commission (EEOC), and the Attorney General which includes: (1) the number and status of cases arising under such laws and the amount of money involved; (2) the number of employees disciplined; (3) data relating to complaints filed; (4) agency policy relating to disciplinary actions against employees who discriminated or committed another prohibited personnel practice; (5) an analysis of all such information in conjunction with certain data provided to the EEOC; and (6) any adjustment to comply with the reimbursement requirement under this Act.
(Sec. 204) Requires the President to: (1) issue rules to carry out this title; (2) require a study to be conducted in the executive branch to determine the best practices relating to disciplinary actions against such employees; and (3) issue advisory guidelines incorporating such practices. Requires each Federal agency to notify the Speaker of the House, the President pro tempore, the EEOC, and the Attorney General regarding implementation of such guidelines.
(Sec. 206) Directs the General Accounting Office (GAO) to study and report to specified congressional officials and Federal entities on: (1) the effects of eliminating the requirement that Federal employees aggrieved by violations of anti-discrimination and whistle blower protection laws exhaust administrative remedies before filing complaints with the EEOC; (2) the methods that could be used for, and the extent of any administrative burden that would be imposed on, the Department of Justice to ascertain the personnel and administrative costs incurred in defending in discrimination and whistle blower cases; (3) the effects of the reimbursement requirement and of the provisions relating to the payment of claims under the Contract Disputes Act of 1978 on Federal agency operations; and (4) the extent of any administrative and personnel costs incurred by the Department of the Treasury to account for payments made as a result of this Act and the Contract Disputes Act of 1978.
Title III: Equal Employment Opportunity Complaint Data Disclosure - Directs: (1) each Federal agency to post on its public Web site specified summary statistical data relating to equal employment opportunity complaints filed with such agency by employees or applicants; (2) the EEOC to post on its public Web site summary statistical data relating to hearings requested on such complaints and appeals filed with it from final agency actions; and (3) the EEOC to issue rules governing the posting of such data.