2 U.S.C. § 1408 — Civil action
submitted 31 years ago by Pub. L. 104-1 to r/title-2-THE-CONGRESS · 364 words · no verdicts yet
Federal district courts have jurisdiction over civil actions brought by covered employees under sections 1401 and 1408. The section identifies the defendant, permits jury demands in qualifying cases, and authorizes House Employment Counsel to appear for House employing offices without ordinary court-admission requirements, except before the Supreme Court.
(a) Jurisdiction. United States district courts have jurisdiction over a civil action brought by a covered employee* under section 1401 or this section.
(b) Parties. The defendant is the employing office* alleged to have committed the violation or where the violation allegedly occurred.
(c) Jury trial. Any party may demand a jury when a jury would be available in an action against a private defendant under the relevant law applied by this chapter. If the case alleges a violation of section 1311, the court may not tell the jury the maximum compensatory damages available under section 1311(b)(1) or (b)(3).
(d) Appearances by House Employment Counsel.
(1) In general. The House Employment Counsel and any other counsel in the Office* of House Employment Counsel of the House of Representatives, including specially retained counsel, may enter an appearance in any proceeding before a United States or State court, or a court of a political subdivision, to provide legal assistance and representation to House employing offices under this chapter without meeting that court’s admission-to-practice requirements. This authority does not allow admission to practice before the United States Supreme Court.
(2) House Employment Counsel defined. In this subsection, “Office of House Employment Counsel of the House of Representatives” means: (A) the office established and operating under the Clerk of the House’s authority as of November 12, 2001; (B) any successor office established after that date; and (C) any other person authorized and directed under House Rules to provide legal assistance and representation to House employing offices in actions under this subchapter.
The district courts of the United States shall have jurisdiction over any civil action commenced under section 1401 of this title and this section by a covered employee*.
The defendant shall be the employing office* alleged to have committed the violation, or in which the violation is alleged to have occurred.
Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of section 1311 of this title is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.
The House Employment Counsel of the House of Representatives and any other counsel in the Office* of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the United States Supreme Court.
In this subsection, the term “Office of House Employment Counsel of the House of Representatives” means—
the Office of House Employment Counsel established and operating under the authority of the Clerk of the House of Representatives as of November 12, 2001;
any successor office to the Office of House Employment Counsel which is established after November 12, 2001; and
any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to employing offices of the House of Representatives in connection with actions brought under this subchapter.
Source credit: (Pub. L. 104–1, title IV, § 408, Jan. 23, 1995, 109 Stat. 37; Pub. L. 107–68, title I, § 119(a), Nov. 12, 2001, 115 Stat. 573; Pub. L. 115–397, title I, § 101(b), Dec. 21, 2018, 132 Stat. 5300.)
- 1995Enacted · Pub. L. 104-1 · 109 Stat. 37
- 2001Amended · Pub. L. 107-68 · 115 Stat. 573
- 2018Amended · Pub. L. 115-397 · 132 Stat. 5300
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-1 on 1995-01-23.
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