Sec. 304. COVERAGE OF PREVIOUSLY EXEMPT STATE EMPLOYEES
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## SEC. 304 COVERAGE OF PREVIOUSLY EXEMPT STATE EMPLOYEES ###
(a)Application The rights, protections, and remedies provided pursuant to section 302 shall apply with respect to employment of any individual chosen or appointed, by a person elected to public office in any State or political subdivision of any State by the qualified voters thereof— ####
(1)to be a member of the elected official's personal staff; ####
(2)to serve the elected official on the policymaking level; or ####
(3)to serve the elected official as an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. ###
(b)Enforcement by Administrative Action ####
(1)In general Any individual referred to in subsection
(a)may file a complaint alleging a violation, not later than 180 days after the occurrence of the alleged violation, with the Equal Employment Opportunity Commission, which, in accordance with the principles and procedures set forth in sections 554 through 557 of title 5, United States Code, shall determine whether a violation has occurred and shall set forth its determination in a final order. If the Equal Employment Opportunity Commission determines that a violation has occurred, the final order shall also provide for appropriate relief. ####
(2)Referral to state and local authorities #####
(A)Application Section 706(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(d)) shall apply with respect to any proceeding under this section. #####
(B)Definition For purposes of the application described in subparagraph (A), the term “**any charge filed by a member of the Commission alleging an unlawful employment practice**” means a complaint filed under this section. ###
(c)Judicial Review Any party aggrieved by a final order under subsection
(b)may obtain a review of such order under chapter 158 of title 28, United States Code. For the purpose of this review, the Equal Employment Opportunity Commission shall be an “agency” as that term is used in chapter 158 of title 28, United States Code. ###
(d)Standard of Review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law and interpret constitutional and statutory provisions. The court shall set aside a final order under subsection
(b)if it is determined that the order was— ####
(1)arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; ####
(2)not made consistent with required procedures; or ####
(3)unsupported by substantial evidence. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. ###
(e)Attorney's Fees If the individual referred to in subsection
(a)is the prevailing party in a proceeding under this subsection, attorney's fees may be allowed by the court in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)). **[**[42 U.S.C. 2000e-16c](/us/usc/t42/s2000e-16c)**]** * * * * * * *
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- 42 USC 2000e–5(d)
- 42 USC 2000e–5(k)
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Sec. 304
COVERAGE OF PREVIOUSLY EXEMPT STATE EMPLOYEES
Cite42 USC 2000e–5(d)
Cite42 USC 2000e–5(k)
Cites 3Cited by 0 across 0 sources