2 U.S.C. § 1302

Application of laws

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(a) Laws made applicableThe following laws shall apply, as prescribed by this chapter, to the legislative branch of the Federal Government:(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).(4) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).(5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.).(6) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).(7) Chapter 71 (relating to Federal service labor-management relations) of title 5.(8) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.).(9) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).(11) Chapter 43 (relating to veterans’ employment and reemployment) of title 38.(12)Section 9202 of title 5.11 See Effective Date of 2019 Amendment note below.(b) Laws which may be made applicable(1) In general

The Board shall review provisions of Federal law (including regulations) relating to (A) the terms and conditions of employment (including hiring, promotion, demotion, termination, salary, wages, overtime compensation, benefits, work assignments or reassignments, grievance and disciplinary procedures, protection from discrimination in personnel actions, occupational health and safety, and family and medical and other leave) of employees, and (B) access to public services and accommodations.

(2) Board report

Beginning on December 31, 1996, and every 2 years thereafter, the Board shall report on (A) whether or to what degree the provisions described in paragraph (1) are applicable or inapplicable to the legislative branch, and (B) with respect to provisions inapplicable to the legislative branch, whether such provisions should be made applicable to the legislative branch. The presiding officers of the House of Representatives and the Senate shall cause each such report to be printed in the Congressional Record and each such report shall be referred to the committees of the House of Representatives and the Senate with jurisdiction.

(3) Reports of congressional committeesEach report accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations reported by a committee of the House of Representatives or the Senate shall—(A) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or(B) in the case of a provision not applicable to the legislative branch, include a statement of the reasons the provision does not apply.On the objection of any Member, it shall not be in order for the Senate or the House of Representatives to consider any such bill or joint resolution if the report of the committee on such bill or joint resolution does not comply with the provisions of this paragraph. This paragraph may be waived in either House by majority vote of that House.(c) Genetic Information Nondiscrimination Act of 2008(1) In general

The provisions of this chapter that apply to a violation of section 1311(a)(1) of this title shall be considered to apply to a violation of title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), consistent with section 207(c) of that Act (42 U.S.C. 2000ff–6(c)).

(2) Construction(A) No limitation on other laws

Nothing in this section limits the provisions of this chapter that apply to a violation of a law described in subparagraph (B).

(B) Other laws

A law described in this subparagraph is a law (even if not listed in subsection (a) or this subsection) that explicitly applies one or more provisions of this chapter to a violation.

(Pub. L. 104–1, title I, § 102, Jan. 23, 1995, 109 Stat. 5; Pub. L. 115–397, title III, § 301, Dec. 21, 2018, 132 Stat. 5320; Pub. L. 116–92, div. A, title XI, § 1122(d)(1)(A), Dec. 20, 2019, 133 Stat. 1608.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

The Fair Labor Standards Act of 1938, referred to in subsec. (a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

The Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(4), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§ 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.

The Family and Medical Leave Act of 1993, referred to in subsec. (a)(5), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, as amended, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.

The Occupational Safety and Health Act of 1970, referred to in subsec. (a)(6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.

The Employee Polygraph Protection Act of 1988, referred to in subsec. (a)(8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§ 2001 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.

The Worker Adjustment and Retraining Notification Act, referred to in subsec. (a)(9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881. Title II of the Act is classified generally to chapter 21F (§ 2000ff et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of Title 42 and Tables.

Amendments

2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12).

2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2019 Amendment

Subsec. (a)(12) of this section, as added by Pub. L. 116–92, effective 2 years after Dec. 20, 2019, see section 1316b(e) of this title and section 1122(b)(2) of Pub. L. 116–92, set out as a note under section 9202 of Title 5, Government Organization and Employees.

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

Notes of Decisions

Cited in 68 cases (3 in the last 5 years), 1996–2025 · leading case: Fields, Beverly v. Off Eddie Johnson, 459 F.3d 1 (D.C. Cir. 2006).

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Fields, Beverly v. Off Eddie Johnson, 459 F.3d 1 (D.C. Cir. 2006). · cites it 3× “2 2 U.S.C. § 1302 (a); *5 see id. §§ 1311-1316, 1331, 1341, 1351.”

Brady v. Off. of the Sergeant at Arms, 520 F.3d 490 (D.C. Cir. 2008). “§ 2000e-2, a law that applies to offices in the Legislative Branch as a result of the Congressional Accountability Act, 2 U.S.C. §§ 1302 (a), 1311(a). The District Court granted summary judgment to the Office of the Sergeant at Arms, finding that Brady failed to make out a prima…”

Gonzalez v. Otero, 864 F.3d 45 (1st Cir. 2017). “See 2 U.S.C. § 1302 (a)(2). 5 . The CSRA was not enacted until 1978.”

Newton v. Off. of the Architect of the Capitol, 905 F. Supp. 2d 88 (D.D.C. 2012). · cites it 3× “She also asserts that this chain of events created a hostile work environment in violation of 2 U.S.C. §§ 1302 & 1311. Finally, Ms. Newton also argues that courts have systematically erred by referring to Title VII judicial caselaw rather than the decisions of the Office of…”

Barry v. United States Capitol Guide Bd., 636 F. Supp. 2d 95 (D.D.C. 2009). · cites it 2× “Plaintiff Kevin Barry brings this action against his former employer, the United States Capitol Guide Board (“Board”), 1 alleging, pursuant to the Congressional Accountability Act of 1995, 2 U.S.C. § 1302 (2000), 2 that the Board unlawfully terminated his employment with the…”

Moran v. United States Capitol Police Bd., 820 F. Supp. 2d 48 (D.D.C. 2011). “2 U.S.C. § 1302 . Unlike Title VII, however, under the CAA the court’s jurisdiction depends on the completion of counseling and mediation.”

Brady v. Livingood, 360 F. Supp. 2d 94 (D.D.C. 2004). “2 U.S.C. § 1302 . Under the statutory framework of the CAA, federal courts only have jurisdiction over civil actions brought by a covered employee if that employee has completed mediation and counseling requirements under the statute.”

Blackmon-Malloy v. United States Capitol Police Bd., 338 F. Supp. 2d 97 (D.D.C. 2004). · cites it 2× “See 2 U.S.C. §§ 1302 , 1311. Section 408(a) of the CAA provides: (a) Jurisdiction The district courts of the United States shall have jurisdiction over any civil action' commenced under section 1404 of this title and this section by a covered employee who has completed…”

Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012). “Goo-dling, chairman of the House Committee on Economic and Educational Opportunities), and that there was no consideration or rejection of a remedial scheme to address constitutional claims of Library employees — claims that do not exist against private employers.”

Brady v. Livingood, 456 F. Supp. 2d 1 (D.D.C. 2006). “Under the statutory framework of the CAA, federal courts only have jurisdiction over civil actions brought by a covered employee if that employee has completed mediation and counseling requirements under the statute. 2 U.S.C. §§ 1404 , 1408. The covered employee must commence an…”

Gordon v. Off. of the Architect of the Capitol, 750 F. Supp. 2d 82 (D.D.C. 2010). “2 U.S.C. § 1302 (a). Among the statutes that the CAA makes applicable to the legislative branch is Title VII of the Civil Rights Act of 1964 (“Title VII”).”

Reynolds v. U.S. Capitol Police Bd., 357 F. Supp. 2d 2 (D.D.C. 2004). · cites it 2× “2 U.S.C. §§ 1302 . In support of its motion to dismiss, or in the alternative, for summary judgment, the defendant argues that the Amended Complaint is a “shotgun” pleading from which “it is impossible to determine when the alleged discriminatory acts occurred and whether the…”

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