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U.S. Code as of:
01/19/04
Section 2000e-16c. Coverage of previously exempt State employees
(a) Application
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 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
(A) Application
Section 2000e-5(d) of this title shall apply with respect to
any proceeding under this section.
(B) Definition
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 28.
(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,)1(!
attorney's fees may be allowed by the court in accordance with the
standards prescribed under section 2000e-5(k) of this title.
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