[Congressional Record Volume 140, Number 12 (Wednesday, February 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         AUTHORIZATION FOR SENATE LEGAL COUNSEL REPRESENTATION

  Mr. LEVIN. Madam President, on behalf of the majority leader and the 
Republican leader, I send a resolution to the desk authorizing the 
Senate legal counsel to represent the Office of Senate Fair Employment 
Practices in a case in the U.S. Court of Appeals and ask unanimous 
consent that the Senate proceed to its immediate consideration; that 
the resolution be adopted; that the preamble be agreed to; that the 
motion to reconsider be laid upon the table; that a statement by the 
majority leader be placed in the report at the appropriate place.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MITCHELL. Madam President, in title III of the Civil Rights Act 
of 1991, the Congress created a process for the adjudication of 
employment discrimination claims with respect to Senate employment. 
Following an effort to resolve grievances through counseling and 
mediation, the process involves three levels of adjudication. The first 
stage is adjudication before an independent hearing board appointed by 
the Director of the Office of Senate Fair Employment Practices. The 
second stage is appellate review of the hearing board decision by the 
Ethics Committee, following which a final decision is entered in the 
records of the Office of Senate Fair Employment Practices. The entry of 
a final decision in that office paves the way for the third and final 
stage, which is judicial review of the final Senate decision by the 
U.S. Court of Appeals for the Federal Circuit.
  Betty Johnson versus Office of Senate Fair Employment Practices is 
the first case to reach the judicial review stage of the process 
created by title III to resolve claims of discrimination in Senate 
employment. The petitioner, who has been employed by the Architect, is 
covered by title III because she is assigned to the Superintendent of 
the Senate Office Buildings. She is seeking review of a final decision 
holding that she neither proved discrimination on the basis of religion 
in being denied a promotion, nor proved discrimination on the basis of 
sex in being denied overtime opportunities.
  Under the procedures created by title III, the Office of Senate Fair 
Employment Practices is required by law to be the respondent in all 
appeals from final decisions in Senate fair employment proceedings. The 
Office of Senate Fair Employment Practices itself does not adjudicate 
any cases. Rather, cases are adjudicated by independent hearing boards 
and subsequently reviewed by the Ethics Committee. However, when a 
decision has been reviewed by the Ethics Committee, whatever the 
outcome, the statuette requires that the decision be entered in the 
records of the Office of Senate Fair Employment Practices as the final 
decision in the matter.
  Because a petition to the Federal Circuit under title III challenges 
a final decision of a Senate adjudicatory process, under title III the 
Senate may authorize the Senate legal counsel to defend that decision 
through representation of the Office of Senate Fair Employment 
Practices in court (2 U.S.C. 1203(f).
  Accordingly, this resolution would authorize the Senate legal counsel 
to represent the Office of Senate Fair Employment Practices in Betty 
Johnson versus Office of Senate Fair Employment Practices.
  The resolution was considered and agreed to.
  The resolution (S. Res. 180), with its preamble, is as follows:

                              S. Res. 180

       Whereas, in the case of Betty Johnson v. Office of Senate 
     Fair Employment Practices, No. 94-6002, pending in the United 
     States Court of Appeals for the Federal Circuit, the Office 
     of Senate Fair Employment Practices is the respondent in a 
     proceeding under section 309 of the Civil Rights Act of 1991, 
     2 U.S.C. Sec. 1209, to review a final decision concerning 
     allegations of discrimination in Senate employment;
       Whereas, section 303(f) of the Civil Rights Act of 1991, 2 
     U.S.C. Sec. 1203(f), provides that for the purpose of 
     representation by the Senate Legal Counsel, the Office of 
     Senate Fair Employment Practices shall be deemed a committee 
     within the meaning of title VII of the Ethics in Government 
     Act of 1978, 2 U.S.C. Sec. Sec. 288, et seq.;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a), 
     288c(a)(1), the Senate may direct its Counsel to defend a 
     committee of the Senate in any civil action in which there is 
     placed in issue any action taken by such committee in its 
     official capacity: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is directed to 
     represent the Office of Senate Fair Employment Practices in 
     the case of Betty Johnson v. Office of Senate Fair Employment 
     Practices.

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