Sec. 215. Enforcement

467 words·~2 min read·/bill/117/s/1932/is/section-215

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The remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a–3(a) ) are the remedies and procedures this subtitle provides to any person who is being subjected to discrimination on the basis of vaccination status in violation of this subtitle or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of this subtitle. Nothing in this section shall require a person who has not received a COVID–19 vaccine to engage in a futile gesture if such person has actual notice that a person or organization covered by this subtitle does not intend to comply with its provisions.

The Attorney General shall have the authority to investigate alleged violations of this subtitle, and shall undertake periodic reviews of compliance of entities subject to this subtitle. If the Attorney General has reasonable cause to believe that— any person or group of persons is engaged in a pattern or practice of discrimination under this subtitle; or any person or group of persons has been discriminated against under this subtitle and such discrimination raises an issue of general public importance; the Attorney General may commence a civil action in any appropriate United States district court.

In a civil action under paragraph (1)(B), the court— may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subtitle— granting temporary, preliminary, or permanent relief; providing a modification of policy, practice, or procedure, or alternative method; and making reasonable accommodations for individuals who have not received a COVID–19 vaccine; may award such other relief as the court considers to be appropriate, including monetary damages to individuals aggrieved when requested by the Attorney General; and may, to vindicate the public interest, assess a civil penalty against the entity subject to this subtitle in an amount— not exceeding $50,000 for a first violation; and not exceeding $100,000 for any subsequent violation.

For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the entity subject to this subtitle has engaged in more than one discriminatory act shall be counted as a single violation. For purposes of paragraph (2)(B), the term monetary damages and such other relief does not include punitive damages. In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity.

In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for a reasonable accommodation for individuals who have not received a COVID–19 vaccine.

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42 USC 2000a–3(a)

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Sec. 215

Enforcement

Cite42 USC 2000a–3(a)

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