Federal Employee Fairness Act of 1992

Summary

Federal Employee Fairness Act of 1992 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to require Federal agencies to make voluntary counseling and a voluntary alternative dispute resolution process available. Prohibits such agencies from discouraging Federal employees from filing discrimination complaints. Declares that the decision of an employee to forgo the counseling or dispute resolution shall not affect the employee's title VII rights. Sets forth procedures for filing and processing discrimination claims by Federal employees, including: (1) allowing filing of claims with the Equal Employment Opportunity Commission (EEOC) as well as with the agency which allegedly discriminated; (2) requiring the respondent to try to conciliate each claim through alternative dispute resolution procedures; (3) providing for stays of personnel actions; (4) allowing a civil action in district court for a de novo review of an EEOC order or a discrimination claim; (5) requiring the respondent to allow the aggrieved employee a reasonable amount of official time to prepare an administrative complaint and paid leave for time involved in such a civil action; and (6) authorizing disciplinary proceedings against a person who is determined to have discriminated. Applies provisions of the Civil Rights Act of 1964 relating to Federal employment, as in effect before enactment of this Act, to employment at the Library of Congress. Amends the Age Discrimination in Employment Act (ADEA) with respect to discrimination in Federal employment. Allows aggrieved individuals to either: (1) file a complaint with the EEOC in accordance with certain Federal employment provisions of the Civil Rights Act of 1964, as amended by this Act; or (2) commence a civil action in 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 in 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 Merit Systems Protection Board) 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 provisions of the Civil Rights Act of 1964 relating to Federal employment to replace certain references to the Civil Service Commission with reference to the EEOC.

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Documents

4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 8 October 1992

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• Introduced in Senate

  summary · EN · 3 June 1992

  Open at official source

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