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Code · BILL · 117th Congress · S. 2553 (Introduced in Senate) — To amend title 28, United States Code, to protect employees of the Federal judiciary from discrimination, and for oth... · Sec. 7

Sec. 7. Office of Employee Advocacy

531 words·~2 min read·/bill/117/s/2553/is/section-7

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There is established in the judicial branch of the Federal Government the Office of Employee Advocacy (in this section referred to as the OEA ). The head of the OEA shall be the Director of Employee Advocacy, who shall be appointed by the Commission, after consultation with the Judicial Conference of the United States, the Equal Employment Opportunity Commission, and the United States Commission on Civil Rights. The Director shall serve for a single term of 5 years. The Director shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position.
Subject to paragraph (5), the OEA shall carry out the following functions: Receive complaints from any covered employee in the judiciary branch of the Federal Government of workplace misconduct. Provide confidential support and information, including referrals to medical and mental health care. Provide legal assistance and consultation to covered employees described in subparagraph
(A)under this Act and chapter 16 of title 28, United States Code, regarding the procedures under this Act and such chapter 16 and the procedures applicable to civil actions arising under this Act and such chapter 16, including— the roles and responsibilities of the Commission, the Office of Judicial Integrity, the Special Counsel for Equal Employment Opportunity, the judicial councils of the circuits, the Directors of Workplace Relations, the employee dispute resolution coordinators described in section 5(c)(1)(C), and similar authorities; any proceedings conducted under this Act and chapter 16 of title 28, United States Code; the authority of the Special Counsel for Equal Employment Opportunity to compel cooperation and testimony under investigations and proceedings conducted under this Act; and the employee’s rights and duties relating to such proceedings. Provide legal assistance and representation— in personal civil legal matters related to the initiation of or participation in proceedings under this Act by a covered employee in the judiciary branch of the Federal Government; and in any proceedings under chapter 16 of title 28, United States Code, or this Act, or before any other administrative or judicial body related to the alleged violations of such chapter 16 or this Act which are the subject of the proceedings initiated by the covered employee, or the proceedings in which the covered employee participates. Operate a hotline through which covered employees in the judiciary branch of the Federal Government may contact the OEA. Notwithstanding any law regarding the licensure of attorneys, an attorney who is employed by the OEA and is authorized to provide legal assistance and representation under this section is authorized to provide that assistance and representation in any jurisdiction, subject to such regulations as may be prescribed by the OEA. The relationship between the OEA and an employee to whom the OEA provides legal assistance, consultation, and representation under this section shall be the relationship between an attorney and client. The OEA may not accept any award of attorney fees or other litigation expenses or costs under any hearing or civil action brought under this Act. The OEA may not provide any legal assistance, consultation, or representation with respect to any matter or proceeding which does not arise under this Act or chapter 16 of title 28, United States Code.
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