[Congressional Record Volume 172, Number 8 (Monday, January 12, 2026)]
[Extensions of Remarks]
[Pages E24-E25]
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
Monday, January 12, 2026
Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia
Courts and Public Defender Service Employment Non-Discrimination Act,
which would provide for coverage of employees of the local D.C. courts
and the D.C. Public Defender Service (PDS) under the D.C. Human Rights
Act of 1977 (DCHRA). In 2022, the D.C. Court of Appeals
[[Page E25]]
held that the DCHRA, which protects employees of the D.C. government
and private employers from discrimination, is inapplicable 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 enact this bill
itself, only Congress has the clear authority to do so, given the
express limitation 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 matters.
I urge my colleagues to support this bill.
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