Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

11/1/2022, 2:02 PM

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

This bill requires each federal agency to establish a model Equal Employment Opportunity Program that is independent of the agency's Human Capital or General Counsel office, and it establishes requirements related to complaints of discrimination and retaliation in the workplace.

An agency must publish a notice of any final agency action or Equal Employment Opportunity Commission (EEOC) appellate decision involving a finding of prohibited discrimination or retaliation, and it must report certain data with respect to specified equal opportunity complaints. Each agency must establish a system to track complaints of discrimination and include a notation of any adverse action taken against an employee for discrimination or retaliation in the employee's personnel record.

The EEOC must refer to the Office of Special Counsel a matter about which it issues an appellate decision involving a finding of discrimination or retaliation within a federal agency, and the Office of Special Counsel shall accept and review such referral for purposes of seeking disciplinary action.

An employee who has authority to take, recommend, or approve any personnel action shall not implement or enforce a nondisclosure policy that prohibits or restricts an employee from disclosing information relating to (1) a violation of any law, rule, or regulation; (2) mismanagement, gross waste of funds, or abuse of authority; (3) a substantial and specific danger to public health or safety; or (4) any other whistle-blower protection.

Congress
116

Number
HR - 135

Introduced on
2019-01-03

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

12/16/2019

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

This bill requires each federal agency to establish a model Equal Employment Opportunity Program that is independent of the agency's Human Capital or General Counsel office, and it establishes requirements related to complaints of discrimination and retaliation in the workplace.

An agency must publish a notice of any final agency action or Equal Employment Opportunity Commission (EEOC) appellate decision involving a finding of prohibited discrimination or retaliation, and it must report certain data with respect to specified equal opportunity complaints. Each agency must establish a system to track complaints of discrimination and include a notation of any adverse action taken against an employee for discrimination or retaliation in the employee's personnel record.

The EEOC must refer to the Office of Special Counsel a matter about which it issues an appellate decision involving a finding of discrimination or retaliation within a federal agency, and the Office of Special Counsel shall accept and review such referral for purposes of seeking disciplinary action.

An employee who has authority to take, recommend, or approve any personnel action shall not implement or enforce a nondisclosure policy that prohibits or restricts an employee from disclosing information relating to (1) a violation of any law, rule, or regulation; (2) mismanagement, gross waste of funds, or abuse of authority; (3) a substantial and specific danger to public health or safety; or (4) any other whistle-blower protection.

Alternative Names
Official Title as IntroducedTo amend the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 to strengthen Federal antidiscrimination laws enforced by the Equal Employment Opportunity Commission and expand accountability within the Federal Government, and for other purposes.

Policy Areas
Government Operations and Politics

Potential Impact
Administrative remedies•
Congressional oversight•
Employee performance•
Employment discrimination and employee rights•
Fraud offenses and financial crimes•
Government employee pay, benefits, personnel management•
Government ethics and transparency, public corruption•
Government information and archives•
Government studies and investigations•
Office of Special Counsel•
Personnel records

Comments

Recent Activity

Latest Summary4/21/2020

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

This bill requires each federal agency to establish a model Equal Employment Opportunity Program that is independent of the agency's Human Capital or General Counsel...


Latest Action12/16/2019
Placed on Senate Legislative Calendar under General Orders. Calendar No. 330.