2 U.S.C. § 1408

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1408 - Civil action

(a) Jurisdiction

The district courts of the United States shall have jurisdiction over any civil action commenced under section 1401 of this title and this section by a covered employee.

(b) Parties

The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred.

(c) Jury trial

Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of section 1311 of this title is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.

(d) Appearances by House Employment Counsel

(1) In general

The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.

(2) House Employment Counsel defined

In this subsection, the term "Office of House Employment Counsel of the House of Representatives" means-

(A) the Office of House Employment Counsel established and operating under the authority of the Clerk of the House of Representatives as of November 12, 2001;

(B) any successor office to the Office of House Employment Counsel which is established after November 12, 2001; and

(C) any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to employing offices of the House of Representatives in connection with actions brought under this subchapter.

2 U.S.C. § 1408

Pub. L. 104-1, title IV, §408, Jan. 23, 1995, 109 Stat. 37; Pub. L. 107-68, title I, §119(a), Nov. 12, 2001, 115 Stat. 573; Pub. L. 115-397, title I, §101(b), Dec. 21, 2018, 132 Stat. 5300.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsecs. (c) and (d)(1), was in the original "this Act", meaning Pub. L. 104-1, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

AMENDMENTS2018-Subsec. (a). Pub. L. 115-397 substituted "section 1401 of this title" for "section 1404 of this title" and struck out "who has completed counseling under section 1402 of this title and mediation under section 1403 of this title. A civil action may be commenced by a covered employee only to seek redress for a violation for which the employee has completed counseling and mediation" after "covered employee". 2001-Subsec. (d). Pub. L. 107-68 added subsec. (d).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115-397 set out as a note under section 1301 of this title.

EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-68, title I, §119(b), Nov. 12, 2001, 115 Stat. 574, provided that: "The amendment made by this section [amending this section] shall apply with respect to proceedings occurring on or after the date of the enactment of this Act [Nov. 12, 2001]."

Office: The term "Office" means the Office of Congressional Workplace Rights.
employee: The term "employee" includes an applicant for employment and a former employee.