Sec. 501. Office of Employee Advocacy
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/bill/118/hr/9674/ih/section-501·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established, as an independent office within the judicial branch of the Federal Government, the Office of Employee Advocacy. The OEA shall have a Director appointed by the Chief Justice of the United States from among a list of names submitted by the Board. The first Director shall be appointed not later than 90 days after the initial appointment of the Board. The Director shall, by demonstrated ability, background, training, or experience, be especially qualified to carry out the functions of the position.
The individual appointed as Director shall be an attorney who is admitted to practice before the United States District Court for the District of Columbia and who has experience in representing employees in workplace discrimination cases. The disqualifications in section 301(d)(2) shall apply to the appointment of the Director, except that representations undertaken on behalf of the Office or OEA shall not be disqualifying. A vacancy in the position of Director filled in the manner in which the original appointment was made.
The Director shall serve a term of 4 years. The Director may be reappointed. A Director whose term has expired may continue to serve until the date on which a successor has taken office. The Director may be removed from office by the Chief Justice of the United States, but only for— disability that substantially prevents the member from carrying out the duties of the Director; incompetence; neglect of duty; malfeasance, including a felony or conduct involving moral turpitude; or holding an office or employment or engaging in an activity that disqualifies the individual from service as Director under subsection (c)(2).
In removing a Director, the Chief Justice of the United States shall state in writing to the Director being removed, the Board, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives the specific reasons for the removal. The Director be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. Subject to subsection (h), the OEA shall carry out the following functions:
Providing legal assistance and consultation to covered employees regarding the procedures of this Act and the procedures applicable to civil actions arising under this Act, including— the roles and responsibilities of the Office, Directors of Workplace Relations, EDR Coordinators, and similar authorities; any proceedings conducted under this Act; the authority of the Office to compel cooperation and testimony under investigations and proceedings conducted under title IV; and the duties of the employee relating to such proceedings, including the responsibility to testify.
Providing legal assistance and representation— in personal civil legal matters related to the initiation of or participation in proceedings by a covered employee under title IV (other than for a civil action filed under sections 401(b) and 408 of this Act); and in any proceedings of the Office related to conduct made unlawful by this Act, or any other administrative or judicial body related to the alleged violations of this Act that are the subject of the proceedings initiated by the covered employee, or the proceedings in which the covered employee participates, under title IV.
Operating a confidential hotline through which a covered employee may contact the Office. 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 and 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. If a covered employee files a civil action with respect to an alleged violation of this Act in accordance with this Act, the OEA may not provide assistance under this section to the employee with respect to investigations or proceedings under this Act in connection with such alleged violation at any time after the employee files such action.
Subject to regulations of the Board, the Director may appoint and fix the compensation of such additional personnel as the Director determines to be necessary to carry out the functions of the Office. Such personnel shall be appointed solely on the basis of fitness to perform the duties of the position.