- In 1991 Congress passed amendments to the Civil Rights Act of 1964 in an effort to greater protect employees against employment discrimination and to clarify "disparate impact." Disparate impact was a point of contention after the Civil Rights Act of 1964 in which employees had to prove that an employer's policies had the unintended effect of discriminating against a class of people protected by the act. Title III of this act is the Government Employee Rights Act of 1991, which relates specifically to government employees who may face discrimination in the workplace. The act also provides guidelines for employees to follow if they feel they have been discriminated against based on the criteria set forth.
- This act applies specifically to government employees and expands the definition to include employees of the Senate, as well as those employed by the architect of the Capitol who work in Senate restaurants or for the superintendent of the Senate buildings. Even an employee not directly employed by the Senate, but who receives a paycheck from the secretary of the Senate, is covered by the act. All applicants for employment with the Senate whose employment will last more than 90 days are also covered by the Government Employee Rights Act, regardless of the job as long as it is with the secretary of the Senate or the Senate restaurants and the architect of the Capitol. Any person that has the power to hire and fire and set employment terms is also regulated by this act.
- All covered and qualified government employees are protected from discrimination "with respect to their public employment." Government employees are entitled to a workplace free of discrimination based on their race, national origin or color. Discriminating against an employee due to his gender, religion, age or disability are also illegal under the act. Only discrimination against these protected classes qualifies as a violation of the Government Employee Rights Act of 1991.
- This legislation also created the Office of Senate Fair Employment Practices to ensure that those violating the law wouldn't be responsible for judging the merits of their actions. The office is led by a director who will oversee the various methods of recourse available to government employees who have been discriminated against.
- The procedures outlined for employees alleging a violation of the Government Employee Rights Act include an option of counseling. The person alleging the violation can request counseling by the Office of Senate Fair Employment Practices for 30 days, but no more than 180 days, after the violation occurred as laid out in Section 305. If counseling proves unsuccessful, the employee may request mediation no more than 15 days after the counseling has come to an end. Section 306(b) allows for mediation for 30 days but up to as many as 60 days with both the alleged violator and the Office of Senate Fair Employment practices, or separately. A formal complaint may be filed no more than one month after mediation has ended, and a hearing will be held in front of a board. The hearing will be decided within 45 days by a majority vote of the three board members. Within 10 days of the board's decision, either the employee or the alleged violator may request a review of the decision.
- Any violations of the Government Employee Rights Act are subject to the same remedies as the Civil Rights Act of 1964, including court fees. However punitive damages will not be paid if the violator is "a government, a government agency or political organization". Under this act, the Senate must approve a resolution for remedies to be paid.
If the alleged victim of discrimination fails to adhere to Sections 305 and 306 of the act, she will be prohibited from filing a formal complaint and receiving a hearing in front of the board, but if the issue is resolved after a formal complaint is filed she may drop the allegation. The board has the authority to dismiss a claim before a hearing takes place if they determine the claim is frivolous.
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