Page:United States Statutes at Large Volume 108 Part 2.djvu/729

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PUBLIC LAW 103-283—JULY 22, 1994 108 STAT. 1445 (A) The term "employee of the Architect of the Capitol" or "employee" means— (i) any employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants; (ii) any applicant for a position that is to be occupied by an individual described in clause (i); or (iii) within 180 days after the termination of employment with the Architect of the Capitol, any individual who was formerly an employee described in clause (i) and whose claim of a violation arises out of the individual's employment with the Architect of the Capitol. (B) The term "violation" means a practice that violates paragraph (2) of this subsection. (C) Notwithstanding subparagraph (A), the terms "employee of the i^chitect of the Capitol" and "employee" do not include any individual referred to in clause (i), (ii), or (iii) of such subparagraph who is a House of Representatives garage or parking lot attendant (including the Superintendent), with respect to whom supervision and all other employee-related matters are transferred to the Sergeant at Arms of the House of Representatives pursuant to direction of the Committee on Appropriations of the House of Representatives in House Report 103-517 of the One Hundred Third Congress. (2) DISCRIMINATORY PRACTICES PROHIBITED.— (A) IN GENERAL. —All personnel actions affecting employees of the Architect of the Capitol shall be made free from any discrimination based on— (i) race, color, religion, sex, or national origin, within the meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16); (ii) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or (iii) handicap or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112-14). (B) INTIMIDATION PROHIBITED.— Any intimidation of, or reprisal against, any employee by the Architect of the Capitol, or by any employee of the Architect of the Capitol, because of the exercise of a right under this section constitutes an unlawful employment practice, which may be remedied in the same manner as are other violations described in subparagraph (A). (3) PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLA- TIONS.— (A) Any employee of the Architect of the Capitol alleging a violation of paragraph (2) may file a charge with the General Accounting Office Personnel Appeals Board in accordance with the General Accounting Office Personnel Act of 1980 (31 U.S.C. 751-55). Such a charge may be filed only after the employee has filed a complaint with the Architect of the Capitol in accordance with require-