Page:United States Statutes at Large Volume 105 Part 1.djvu/701

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PUBLIC LAW 102-138—OCT. 28, 1991 105 STAT. 673 SEC. 153. GRIEVANCES BASED ON ALLEGED DISCRIMINATION. (a) SCOPE OF GRIEVANCES.— (1) Section 1101(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4131(a)(1)) (hereinafter in this section referred to as "the Act") is amended— (A) by striking "and" at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting "; and"; and (C) by adding at the end the following: "(H) any discrimination prohibited by— "(i) section 717 of the Civil Rights Act of 1964, "(ii) section 6(d) of the Fair Labor Standards Act of 1938, "(iii) section 501 of the Rehabilitation Act of 1973, "(iv) sections 12 and 15 of the Age Discrimination in Employment Act of 1967, or "(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv).". (2) Section 1101(b) of the Act (22 U.S.C. 4131(b)) is amended— (A) in paragraph (4) by striking "section 11090t))." and inserting "section 1109(a)(2)."; and (B) by adding at the end (as a flush left sentence) the following: "Nothing in this subsection shall exclude any act, omission, or condition alleged to violate any law, rule, regulation, or policy directive referred to in subsection (a)(1)(H) from such term.". (b) LIMITATION ON FIUNG OF CERTAIN GRIEVANCES.—Section 1104(a) of the Act (22 U.S.C. 4134(a)) is amended— (1) by inserting "under this chapter" before "unless"; and (2) by adding at the end the following: "(c)(1) In applying subsection (a) with respect to an alleged violation of a law, rule, regulation, or policy directive referred to in section 1101(a)(1)(H), the reference to '3 years' shall be deemed to read '180 days', subject to paragraph (2). "(2) If the occurrence or occurrences giving rise to the grievance are alleged to have occurred while the grievant was assigned to a post abroad, the 180-day period provided for under paragraph (1) shall not commence until the earlier of— "(A) the date as of which the grievant is no longer assigned to such post; or "(B) the expiration of the 18-month period beginning on the date of the occurrence giving rise to the grievance or the last such occurrence, as the case may be.". (c) SUBSTANTIVE LAW TO BE APPLIED. —Section 1107 of the Act (22 U.S.C. 4137) is amended by adding at the end the following: "(f) The Board shall, with respect to any grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in section 1101(a)(1)(H), apply the substantive law that would be applied by the Equal Employment Opportunity Commission if a charge or claim alleging discrimination under such law, rule, regulation, or policy directive had been filed with the commission.". (d) RELATIONSHIP TO OTHER REMEDIES. —(1) Section 1109 of the Act (22 U.S.C. 4139) is amended— (A) in subsection (a) by striking "(a)" and inserting "(a)(1)"; (B) in subsection (b)—