Introduction of the District of Columbia Courts and Public Defender Service Employment Non-Discrimination Act

Floor Speech

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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 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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