Sec. 2. Protecting employees of the Federal judiciary from discrimination

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Chapter 57 of title 28, United States Code, is amended by adding at the end the following: All personnel actions (as such term is defined in section 2302(a)(2) of title 5) affecting covered employees (as such term is defined in section 10 of the Judiciary Accountability Act of 2021 ) shall be made free from any discrimination based on— race, color, religion, sex (including sexual orientation or gender identity), or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ); age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ); or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112–12114 ).

The remedy for a violation of subsection (a)(1) shall be— such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) ); and such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ), or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes ( 42 U.S.C. 1981a(a)(1) , 1981a(b)(2), and 1981a(b)(3)(D)).

The remedy for a violation of subsection (a)(2) shall be— such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a(c) ); and such liquidated damages as would be appropriate if awarded under section 7(b) of such Act ( 29 U.S.C. 626(b) ). In addition, the waiver provisions of section 7(f) of such Act ( 29 U.S.C. 626(f) ) shall apply to covered employees. The remedy for a violation of subsection (a)(3) shall be— such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a(a)(1) ) or section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ); and such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes ( 42 U.S.C. 1981a(a)(2) , 1981a(a)(3), 1981a(b)(2), and 1981a(b)(3)(D)).

On an annual basis, the judicial council of each circuit shall submit to Congress a report that includes, for the previous year, hiring statistics for the circuit, each court of the United States for the circuit, each Federal Public Defender Organization described in section 3006A(g)(2)(A) of title 18 that is associated with the circuit, and each office or agency referred to in section 10(2)(A) of the Judiciary Accountability Act of 2021 that is associated with the circuit. .

The table of sections for chapter 57 of title 28, United States Code, is amended by adding at the end the following: 964. Protecting employees of the Federal judiciary from discrimination. .

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