Federal Employee Discrimination and Equal Employment Opportunity Amendments of 1990

Summary

Federal Employee Discrimination and Equal Employment Opportunity Amendments of 1990 - Amends title VII (the Equal Employment Opportunity Act of 1972) of the Civil Rights Act of 1964 to provide for coverage and administrative determination by the Equal Employment Opportunity Commission (EEOC) of Federal employee discrimination claims under title VII. Requires Federal agencies to make voluntary counseling and a voluntary alternative dispute process available to Federal employees to resolve complaints. Prohibits such agencies from: (1) requiring Federal employees to participate in such counseling or dispute process; or (2) from discouraging them from filing title VII discrimination complaints. Entitles the Federal employee, if a settlement agreement has not been reached with the respondent, to either: (1) file with the EEOC a request for determination of the title VII claim by an EEOC administrative judge or, under certain conditions, by the Merit Systems Protection Board (MSPB), or certain administrative and judicial procedures under Federal law relating to Federal employees; or (2) commence a civil action in an appropriate U.S. district court for de novo review of such title VII claim. Amends the Age Discrimination in Employment Act (ADEA) with respect to nondiscrimination on account of age in Federal Government employment and EEOC enforcement of the prohibition. Allows aggrieved individuals to either: (1) file a complaint with the Commission in accordance with, and in the same manner as claims under, title VII of the Civil Rights Act of 1964; or (2) commence a civil action, within a specified period, in an appropriate U.S. district court for de novo review of the violation. Requires the EEOC to: (1) notify promptly all persons named in the notice as prospective defendants on such action; and (2) take any appropriate action to eliminate any unlawful practice. Allows individuals with a complaint pending before the EEOC during a specified period the opportunity to commence a civil action within a specified period. Amends Federal law relating to Federal employees with respect to grievance procedures and actions involving discrimination. Allows a Federal employee to commence, within 120 days after a final decision in a grievance procedure, a civil action in an appropriate U.S. district court for de novo review of a complaint of discrimination prohibited by any law administered by the EEOC. Allows a Federal employee or applicant for Federal employment to file a complaint with the EEOC in accordance with title VII of the Civil Rights Act of 1964 and select specified administrative and judicial procedures under title VII or other Federal law relating to Federal employees for grievance procedures or actions involving discrimination. Directs the agency (including the EEOC and the MSPB) that carries out such selected procedures to apply the appropriate substantive law. Allows a Federal employee who elected specified procedures, if the EEOC dismisses the claim under title VII, to raise the action within a certain time period under other specified procedures relating to Federal employees, except that no allegation of a kind involving specified Federal laws against discrimination cited in the dismissed complaint may be thus raised. Entitles a Federal employee to file within a specified period a civil action in the appropriate U.S. district court for de novo review of the action raised under specified procedures if there is no judicially reviewable action at the end of a specified period. Directs the EEOC, within one year after enactment of this Act, to issue rules to: (1) assist Federal Government entities to comply with this Act; and (2) establish a uniform written notice and requirements applicable to collecting and preserving documents and information. Amends the Federal Rules of Civil Procedure to provide that, in certain actions commenced under title VII of the Civil Rights Act of 1964 or of the ADEA, timely service of the summons and complaint upon any Federal entity or officer named as a defendant satisfies specified requirements.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 18 October 1990

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