42 USC 2000e-16c - Coverage of previously exempt State employees

U.S Code last checked for updates: Nov 22, 2024

§ 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

(2)

Referral to State and local authorities

(A)

Application

(B)

Definition

(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) 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

(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.)

cite as: 42 USC 2000e-16c