Sec. 10. Enforcement
939 words·~4 min read·
/bill/113/s/815/es/section-10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act— the Commission shall have the same powers as the Commission has to administer and enforce— title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of a claim alleged by such individual for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; the Board (as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 )) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); the Attorney General shall have the same powers as the Attorney General has to administer and enforce— title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c); in the case of a claim alleged by such individual for a violation of such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title; and a court of the United States shall have the same jurisdiction and powers as the court has to enforce— title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)); the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); and chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title.
Except as provided in section 4(g), the procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are— the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) in the case of a claim alleged by such individual for a violation of such section; the procedures and remedies applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) in the case of a claim alleged by such individual for a violation of such section; and the procedures and remedies applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of such section.
With respect to a claim alleged by a covered employee (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this Act, title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq. ) shall apply in the same manner as such title applies with respect to a claim alleged by such a covered employee for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). An individual who files claims alleging that a practice is an unlawful employment practice under this Act and an unlawful employment practice because of sex under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall not be permitted to recover damages for such practice under both of— this Act; and section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ) and title VII of the Civil Rights Act of 1964.
On a claim in which an individual proved a violation under section 4(h) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(h); and shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.
Connectionstraces to 5
Traces to 5 documents
U.S. Code
- Definitions§ 2000e
- Definitions§ 1301
- Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990§ 1311
- Establishment of Office of Congressional Workplace Rights§ 1381
- Damages in cases of intentional discrimination in employment§ 1981a
2 references not yet in our index
- 42 USC 2000e–16b
- 42 USC 2000e–16b(a)(1)
Citation graph
cites case law
Sec. 10
Enforcement
Cite42 USC 2000e–16b
Cite42 USC 2000e–16b(a)(1)
Cites 7Cited by 0 across 0 sources