42 U.S. Code § 2000e–16c - Coverage of previously exempt State employees
prev | next
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—
(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 554 through 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
(c) Judicial review
(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—
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
 So in original.
Source(Pub. L. 102–166, title III, § 304, formerly § 321,Nov. 21, 1991, 105 Stat. 1097; renumbered § 304 and amended Pub. L. 104–1, title V, § 504(a)(3), (4),Jan. 23, 1995, 109 Stat. 41.)
A prior section 304 ofPub. L. 102–166was classified to section 1204 of Title 2, The Congress, prior to repeal by Pub. L. 104–1.
1995—Subsec. (a). Pub. L. 104–1, § 504(a)(4), struck out “and 1207(h) of title 2” before “shall apply” in introductory provisions.