[Congressional Record Volume 169, Number 107 (Tuesday, June 20, 2023)]
[Extensions of Remarks]
[Page E589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE DISTRICT OF COLUMBIA COURTS AND PUBLIC DEFENDER 
               SERVICE EMPLOYMENT NON-DISCRIMINATION ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Tuesday, June 20, 2023

  Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia 
Courts and Public Defender Service Employment Non-Discrimination Act, 
which would apply the District of Columbia Human Rights Act of 1977 
(DCHRA) to employees of the local D.C. courts and the D.C. Public 
Defender Service (PDS). Last year, the D.C. Court of Appeals held in 
Robertson v. District of Columbia that the DCHRA, which protects 
employees of the D.C. government and private employers from 
discrimination, does not apply to employees of the local D.C. courts. 
The court has not ruled on the applicability of the DCHRA to PDS 
employees.
  The local D.C. courts and PDS are unique entities, and they sometimes 
fall through the regulatory cracks. They are neither federal nor D.C. 
government entities, though both were created and are funded by 
Congress, and their employees are treated as federal employees for some 
employee benefits. This bill would ensure that their employees have 
comprehensive protections from and remedies for employment 
discrimination.
  While employees of the local D.C. courts and PDS are protected by 
federal anti-discrimination laws, the DCHRA provides much broader 
protections and remedies for employees than federal anti-discrimination 
laws.
  While the D.C. Council may have the authority to pass such a bill 
itself, only Congress has the clear authority to do so, given the 
express limitations in the D.C. Home Rule Act on the Council's 
authority to legislate on matters affecting the operations of the local 
D.C. courts, and given that Congress has generally served as the 
legislative body for PDS.
  I urge my colleagues to support this important bill.

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