Sec. 104. Amendments to the Age Discrimination Act of 1975
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Section 303 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6102 ) is amended— by inserting
(a)before In general.— Pursuant ; and by adding at the end the following: Subject to subsection (c), a recipient that receives Federal financial assistance for a program or activity 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 age-based harassment 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 opportunity, regardless of where the harassment occurs, if— the harassment is enabled or assisted by the authority exercised as an employee, agent, or other authorized person of the recipient; or the recipient receives notice of the harassment. Subject to subsection (c), a recipient that receives Federal financial assistance for a program or activity is liable for age-based harassment if a person who is not its agent, employee, or other authorized person, engages in age-based harassment against a person who is participating in or receiving any benefit, service, or opportunity from 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 subsection
(b)for age-based harassment if it demonstrates that it exercised reasonable care to prevent age-based harassment and to promptly remedy the effects of the age-based harassment at issue, including through a demonstration by the recipient that it— established, adequately publicized, and enforced an effective and comprehensive age-based harassment prevention policy, training, and complaint procedure that is likely to provide redress and to avoid harm without exposing the person subjected to such harassment to undue risk, effort, or expense; if requested by the aggrieved person, or otherwise necessary to protect such person or other persons in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of such harassment; provided supportive measures that have the purpose and effect of preserving and restoring an aggrieved person’s equal access to the benefits, services, or opportunities of the program or activity involved, regardless of whether such person requests an investigation; and took other necessary, immediate, and appropriate corrective action designed to stop such harassment and remedy its effects. A showing that the harassment did not recur after the recipient receives notice of the harassment does not establish reasonable care absent the demonstration required by subparagraphs
(A)through
(D)of paragraph (1). A recipient receives notice of age-based harassment if an agent, employee, or other authorized person of the recipient knew, or in the exercise of reasonable care should have known, about the harassment and— has the authority to take action to redress the harassment; has the responsibility to report to an administrator harassment or similar misconduct by others; or receives a report of such harassment from an individual who could reasonably believe that the agent, employee, or other authorized person is as described in paragraph
(1)or (2). . Section 304(b) of the Age Discrimination Act of 1975 ( 42 U.S.C. 6103(b) ) is amended— in paragraph (1), by striking It shall and inserting Subject to section 305(h)(3), it shall ; and in paragraph (2), by striking The provisions and inserting Subject to section 305(h)(3), the provisions . Section 305 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6104 ) is amended by adding at the end the following: Any person aggrieved by the failure of a recipient to comply with this title, or a rule issued under this title— may bring a civil action in any court of competent jurisdiction; and notwithstanding subsection (e), may recover equitable and legal relief (such as compensatory damages, including for emotional distress, and punitive damages), and attorney’s fees (including expert fees). Notwithstanding any other provision of this section, in the case of alleged age-based harassment in a program or activity of an entity described in subparagraph
(B)of section 309(4)— an aggrieved person shall not be required to exhaust administrative remedies; the relief described in subsection (g)(2) shall be available; and the provisions of paragraph
(1)and
(2)of section 304(b) shall not apply. . Section 309 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6107 ) is amended— in paragraph (3), by striking and after the semicolon; in paragraph (4), by striking the period and inserting a semicolon; and by adding at end the following: the term age-based harassment means a form of prohibited discrimination on the basis of an individual’s age that alters a person’s ability to participate in or receive any benefit, service, or opportunity from a program or activity receiving Federal financial assistance; and the term recipient means an entity described in any of subparagraph (A), (B), (C), or
(D)of paragraph (4), and includes any entity that exercises controlling authority over such entity. .
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Sec. 104
Amendments to the Age Discrimination Act of 1975
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