The rights, protections, and remedies provided pursuant to section
2000e–16b of this title 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) of this section 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
557 of title
5, 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
2000e–5(d) of this title shall apply with respect to any proceeding under this section.
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) of this section may obtain a review of such order under chapter
158 of title
28. 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
(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) of this section 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) of this section 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
2000e–5(k) of this title.
1995—Subsec. (a). Pub. L. 104–1, § 504(a)(4), struck out “and 1207(h) of title 2” before “shall apply” in introductory provisions.
Section effective Nov. 21, 1991, except as otherwise provided, see section 402 ofPub. L. 102–166, set out as an Effective Date of 1991 Amendment note under section
1981 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.