2 USC 1408 – Civil action
(a) Jurisdiction
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.
(b) Parties
Terms Used In 2 USC 1408
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- employee: includes an applicant for employment and a former employee. See 2 USC 1301
- employing office: means &mdash. See 2 USC 1301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Office: means the Office of Congressional Workplace Rights. See 2 USC 1301
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred.
(c) Jury trial
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.
(d) Appearances by House Employment Counsel
(1) In general
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.
(2) House Employment Counsel defined
In this subsection, the term “Office of House Employment Counsel of the House of Representatives” means—
(A) 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;
(B) any successor office to the Office of House Employment Counsel which is established after November 12, 2001; and
(C) 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.