Definitions

In this part: (1) Covered entity The term covered entity — (A) means a respondent, as defined in section 701(n) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(n)); and (B) notwithstanding subparagraph (A) includes— (i) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (ii) an employing office, as defined in section 411(c) of title 3, United States Code; (iii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and (iv) an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies. (2) Employee The term employee means— (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies. (3) Legally protected leave The term legally protected leave, when used with respect to an employee, means leave that is protected under a Federal, State, or local law applicable to the employee. (4) No fault attendance policy The term no fault attendance policy means a policy (or pattern and practice) maintained by a covered entity under which employees face consequences for any absence, tardy, or early departure through the assessment of points (also referred to as demerits or occurrences) or deductions from an allotted bank of time, and those points or deductions subject the employee to progressive disciplinary action, which may include failure to receive a promotion, loss of pay, or termination. (5) Person The term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (6) Secretary The term Secretary means the Secretary of Labor.