[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  AUTHORIZING SENATE LEGAL COUNSEL TO REPRESENT OFFICE OF SENATE FAIR 
                          EMPLOYMENT PRACTICES

  Mr. BREAUX. Mr. President, on behalf of the majority leader and the 
Republican leader, I send a resolution to the desk relating to the 
Office of Fair Employment Practices and ask unanimous consent that the 
Senate proceed to its immediate consideration; that the resolution be 
agreed to; that the preamble be agreed to; that a statement by the 
majority leader explaining this matter appear at the appropriate place 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 282) was agreed to.
  The preamble was agreed to.
  (The text of the resolution will be printed in a future edition of 
the Record.)
  Mr. MITCHELL. Mr. President, the case of Rhonda Farmer versus Office 
of Senate Fair Employment Practices, No. 94-6005, pending in the United 
States Court of Appeals for the Federal Circuit, involves judicial 
review of a final decision issued under the process created by title 
III of the Civil Rights Act of 1991 for adjudication of claims of 
discrimination in Senate employment.
  Petitioner, a member of the Capitol Police, filed a complaint in 
December 1992 pursuant to section 307 of the Government Employee Rights 
Act of 1991, naming the Sergeant at Arms as the respondent. Petitioner 
seeks judicial review of the final decision, entered in the records of 
the Office of Senate Fair Employment Practices, which affirms a hearing 
board's rejection of her claims of discrimination on the basis of race 
and sex in the denial of a promotion and with respect to certain 
negative performance evaluations and disciplinary actions, and affirms 
an award of damages to Officer Farmer based on the hearing board's 
determination that she had proven that negative performance citations 
placed by a supervisor in her personnel file constituted retaliation 
for her exercise of rights under the 1991 Civil Rights Act.
  The accompanying resolution would authorize the Senate Legal Counsel 
to represent the Office of Senate Fair Employment Practices in defense 
of the final decision entered pursuant to the direction of the Ethics 
Committee. The resolution would also recognize the statutory right of 
the employing office, the Sergeant at Arms, to intervene and to be 
represented by its counsel of choice.
  The Sergeant's at Arms choice of counsel in this case is the Senate 
Chief Counsel for Employment. The Office of the Senate Chief Counsel 
for Employment was established as a nonpartisan office in May 1993 at 
the direction of the joint leadership of the Senate. The Office of the 
Senate Chief Counsel for Employment is staffed by experienced attorneys 
who specialize in employment law matters and litigation. The Office was 
established to advise Senate Members, officers, administrators, and 
Senate employing offices regarding employment laws, to assist them in 
complying with those laws, and to defend them in administrative and 
judicial proceedings addressing employment matters.
  The Emergency Supplemental Appropriations Act, 1994, Public Law 103-
211, provided the initial funding for the compensation and expenses of 
this Office. Funding for this Office was included as part of the 
President's annual budget request and was appropriated in the 
Legislative Branch Appropriations Act for fiscal year 1995, Public Law 
103-283.

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