Sec. 5. Rights of employees harassed, discriminated against, retaliated against, or sexually assaulted
594 words·~3 min read·
/bill/116/hr/8465/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any covered employee filing a complaint of harassment, discrimination, sexual assault, or related retaliation may have access to legal counsel as specified in section 3(b). During the complaint intake of a covered employee’s complaint under section 3— the Office of Civil Rights may inform the covered employee of the availability of mediation; the covered employee who filed the complaint and the accused covered employee may jointly file a request for mediation with the Office of Civil Rights; and the covered employee who filed the complaint and the accused employee may request the presence of an attorney or a victim advocate in the mediation.
At the request of either party, the parties shall be separated during any mediation proceeding under this subsection. At the request of a covered employee who files a complaint of harassment, discrimination, sexual assault, or related retaliation, an employee may request emergency curtailment of his or her tour of duty at no penalty to their career progress and shall be reassigned. Such requests for emergency curtailment shall be approved by the Secretary or their designee, not post management, within 10 days.
The Department shall develop a process by which covered employees may request this option in a manner which does not inadvertently result in retaliation to the employee. At the request of a covered employee who files a complaint, during the pendency of any of the procedures available under this title for consideration of the violation, the employing office shall permit the covered employee to carry out the employee’s responsibilities from an alternate location where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office.
If, in the determination of the covered employee’s employing office, a covered employee who makes a request under this subsection cannot carry out the employee’s responsibilities from an alternate location or such relocation would not have the effect described in subparagraph (B), the employing office may during the pendency of the procedures described in subparagraph (B)— reassign the covered employee; make another workplace adjustment that would have the effect of reducing interactions between the covered employee and any person alleged to have committed the violation described in subparagraph (B); or grant a paid leave of absence.
An employing office may not grant a covered employee’s request under this subsection in a manner which would constitute retaliation in violation of any provision of law, including any provision of title 5, United States Code. In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to substitute, for that leave, any of the accrued paid annual leave of the covered employee. An employee may use up to 16 hours of duty hours to prepare for the investigation and resolution of the applicable complaint.
Paragraph
(1)does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office. A request under paragraph
(1)may not be granted or carried out in a retaliatory manner, including retaliation for whistleblowing in violation of the provisions of title 5, United States Code, or any other provision of law. Departing employees may request the opportunity to be interviewed in person with Global Talent Management or its designee to discuss the circumstances of their departure and should be asked specifically about the prevalence of and incidents of harassment, discrimination, sexual assault, and related retaliation.