legislation: 100-hres-527
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| 100-hres-527 | 100 | hres | 527 | Fair Employment Practices Resolution | Congress | 1988-08-11 | 1988-08-11 | Referred to House Committee on Rules. | House | Rep. Murphy, Austin J. [D-PA-22] | PA | D | M001088 | 4 | Fair Employment Practices Resolution - Title I: Federal Labor Law Coverage for Certain Legislative Branch Employees - Applies the policies and principles of the following Federal labor laws to any individual employed in any office of the House of Representatives (other than a Member or officer of the House): (1) the National Labor Relations Act; (2) the Fair Labor Standards Act of 1938; (3) the Age Discrimination in Employment Act of 1967; (4) the Occupational Safety and Health Act of 1970; and (5) the Civil Rights Act of 1964. Provides that the provisions of this resolution shall not be construed to require: (1) any Member of Congress to employ in the legislative branch any individual who is not a domiciliary of the district or State such Member represents; or (2) any Member of Congress or congressional committee not to take political affiliation into consideration in hiring for the legislative branch. Title II: Enforcement Provisions - Part A: Establishment of the House of Representatives Personnel Review Board - Establishes the House Personnel Review Board as an Office of the House of Representatives. Directs the Board to: (1) establish and publish policies and guidelines for implementing and enforcing this resolution; and (2) hear and render decisions on complaints alleging any violation of this resolution. Authorizes the Board to appoint hearing examiners to conduct hearings brought under this resolution. Authorizes the Board chairperson to appoint officers and employees to carry out Board functions, including conduct of inspections and investigations under any law listed under title I. Part B: Violations - Allows any individual who claims to be aggrieved by a violation of this resolution to file a charge with the Board alleging such violation and stating a claim for relief authorized under this part. Sets forth provisions relating to: (1) filing of such charges; (2) investigations, complaints, appointments, and qualifications of investigating counsels; and (3) hearings and determinations of hearing examiners. Directs the hearing examiner, upon the conclusion of the hearing, to submit to the Board a report containing findings and recommendations (if any) for remedial action. Allows such report to recommend the following remedies: (1) payment of backpay; (2) payment of front pay, according to a specified formula; (3) continuation of coverage under a group health plan; (4) continuation of coverage under a pension plan and life insurance plan; (4) payment of liquidated damages of $3,000 for each year (or part thereof) of employment with the House; and (6) payment of attorney's fees, up to $2,500. Prohibits the Board from compelling any Member of Congress or any committees, or their staff members, to employ, reinstate, or modify terms and conditions of employment of any individual to any position on their staffs. Requires any such ordered payments to be paid out of the contingency fund of the House. Sets forth provisions for review of orders. Provides for review by the board of hearing examiners' reports, upon appeal. Provides for appeals of Board decisions in orders to the Committee on Standards of Official Conduct of the House of Representatives. Provides for review, upon appeal, of such Committee's decisions or orders by the House of Representatives. Authorizes reversal of such a Committee decision or order upon a two-thirds vote of the full House membership. Authorizes the House to order such specified remedy as it determines appropriate. Prohibits the intimidation of persons filing complaints or appearing as witnesses. Requires that proceedings of the Board and the Committee be conducted in closed session and that the results not be made public. Title III: Miscellaneous Provisions - Requires each committee and office of the House of Representatives to cooperate with the Board, the Committee, and the House so that their functions and duties under this Act may be carried out. | 2025-08-28T20:05:16Z |