Sec. 102. Amendments to the Rehabilitation Act of 1973
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Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) is amended by adding at the end the following: Subject to paragraph (2), in an action pursuant to section 505(a)(2), a recipient receiving Federal financial assistance under any program or activity or any program or activity conducted by any Executive agency or by the United States Postal Service shall be liable for harassment on the basis of disability as follows: A recipient is liable if its agent, employee, or other person authorized by the recipient to provide aid, benefit, or service under the recipient’s program or activity, engages in harassment on the basis of disability against a person who participates in or receives any benefit, service, or opportunity from such program or activity, or who attempts to receive such benefit, service, or activity, regardless of where the harassment occurs, if— the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized person of the recipient; or the recipient receives notice of the harassment.
A recipient is liable for harassment on the basis of disability if a person who is not its agent, employee, or other authorized person, engages in harassment on the basis of disability against a person who is participating in or receiving any benefit, service, or opportunity under such program or activity, or who is attempting to do so, regardless of where the harassment occurs, if the recipient receives notice of the harassment. A recipient is not liable in a private action for damages under paragraph
(1)for harassment on the basis of disability, if the recipient demonstrates that it exercised reasonable care to prevent harassment on the basis of disability, and promptly remedy the effects of the harassment at issue, including through a demonstration by the recipient that it— established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy, training, and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; if requested by such person, third party, or otherwise necessary to protect that person or other persons within the program or activity from a significant ongoing threat, undertook a prompt, thorough, and impartial investigation of the harassment at issue; provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person’s equal access to the benefits or opportunities of the program or activity, regardless of whether the aggrieved person requested an investigation; and took other necessary, immediate, and appropriate corrective action designed to stop the harassment and remedy its effects. A showing that the harassment did not recur after the recipient received notice of the harassment does not establish reasonable care absent the demonstration required by clauses
(i)through
(iv)of subparagraph (A). A recipient receives notice of harassment on the basis of disability when any of the following individuals knew or, in the exercise of reasonable care, should have known about the harassment: An agent, employee, or other authorized person of the recipient who has the authority to take action to redress the harassment. An agent, employee, or other authorized person of the recipient who has the responsibility to report to an administrator harassment or similar misconduct by others. An agent, employee, or other authorized person of the recipient to whom an individual has made a report of harassment based on the reasonable belief that the agent, employee, or other authorized person is an individual described in subparagraph
(A)or (B). In this subsection: The term harassment on the basis of disability means a form of discrimination on the basis of disability that alters a person’s ability to participate in or receive any benefit, service, or opportunity under a program or activity receiving Federal financial assistance or any program or activity conducted by any Executive agency or by the United States Postal Service, including by creating an intimidating, hostile, or offensive environment. The term recipient means an entity described in any of paragraphs
(1)through
(4)of subsection (b), any entity that exercises controlling authority over such an entity, and any Executive agency or the United States Postal Service. . Section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ) is amended— in subsection (a)(2), by inserting at the end the following: Any person aggrieved by the failure of a recipient to comply with section 504, including any regulation promulgated pursuant to such section, may bring a civil action in any court of competent jurisdiction. ; and by amending subsection
(b)to read as follows: In any action or proceeding to enforce or charge a violation of a provision of this title, including any regulation promulgated pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and expert fees as part of the costs. In an action brought against a recipient by (including on behalf of) an aggrieved person, the aggrieved person may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). .
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