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Tentative OK Given Rights Rules for Senate Workers : Bias: Employees could take discrimination, harassment complaints to new tribunal and could appeal to federal courts.

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TIMES STAFF WRITER

Despite some sharp objections on constitutional grounds, the Senate reached tentative agreement Monday on a system for extending the protections of a proposed civil rights bill to Senate and White House staff members in cases of job discrimination or sexual harassment.

However, back-room negotiations on the controversial amendment delayed passage of the compromise civil rights bill of which it is a part. The legislation, scheduled for a vote today, would make it easier for workers to win job bias lawsuits and create new remedies for discrimination or harassment against women.

Under the tentative agreement on the Senate employees amendment, a three-member tribunal would be established to consider allegations of job discrimination or harassment by employees of individual senators or the Senate. Under certain circumstances, aggrieved employees would be able to file appeals from the tribunal’s rulings directly to the U.S. Court of Appeals here.

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Sen. Warren B. Rudman (R-N.H.), an opponent of the plan, said that he expects it to be passed by a large margin in view of recent criticism of Congress by President Bush and others for exempting itself from laws that govern others.

“Political expediency rules the world when people are afraid,” Rudman told reporters.

Another foe of the plan, Sen. Ted Stevens (R-Alaska) added: “This is the mea culpa period. Everybody’s running for the hills.”

Senate Majority Leader George J. Mitchell (D-Me.) told the Senate that he and others have reached agreement with Sen. Charles E. Grassley (R-Iowa) on the basic outlines of the plan.

The civil rights legislation would reverse or modify a number of Supreme Court decisions that narrowed the scope and reach of laws against job discrimination. It would also set up new remedies for victims of religious discrimination and sexual harassment, for the first time allowing punitive damages, which could range from $50,000 to $300,000, depending on the size of the firm.

In a related move, the Senate condemned sexual harassment in government or private employment on a 92-0 roll-call vote on a resolution that reflected heightened sensitivity to the issue since charges of sexual abuse were leveled against Supreme Court Justice Clarence Thomas in Senate confirmation hearings.

That vote should also give senators some protective cover if they vote--as expected--to place ceilings on damage awards to women in cases of intentional discrimination or harassment.

“It is the sense of the Senate that the Senate does not tolerate or condone sexual harassment in government, private sector or congressional workplaces, and that the Senate should consider appropriate changes to the laws of the United States and the rules of the Senate to prevent sexual harassment,” said the resolution, sponsored by Sen. Hank Brown (R-Colo.).

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