Sec. 5. Nondiscrimination in employment and public services
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/bill/118/hr/3567/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ) is amended— in subsection (b), by inserting (including an entity that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers) after industry affecting commerce ; in subsection (f), by inserting (including an incarcerated worker) after an individual the first place it appears; and by adding at the end the following: The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. In subsections
(b)and (f), the term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term incarcerated worker means an individual, incarcerated or detained in a correctional facility operated by a public agency or by a private entity through a contract with a public agency, who performs labor offered or required by or through the correctional facility, including labor associated with prison work programs, work release programs, the UNICOR program, State prison industries, public works programs, restitution centers, and correctional facility operations and maintenance. . Section 703(a)(2) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(a)(2) ) is amended by inserting , except that a correctional facility may segregate incarcerated workers into separate facilities by sex if necessary to maintain privacy or institutional order before the period. Section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) is amended by adding at the end the following: This section shall not apply to a Federal department, agency, or unit that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers. . Each agency that operates a correctional facility (directly or by contract with a private entity) shall— provide to each incarcerated worker notice of the worker's rights under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), with respect to the correctional facilities that the agency operates; implement policies and training to ensure compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; annually prepare a report that contains an evaluation of the agency's compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; and submit the report described in subparagraph
(C)to the Attorney General, who shall make the report publicly available on the website of the Department of Justice. The Attorney General shall determine, and implement, appropriate remedies for the failure of an agency covered by paragraph
(1)to submit a report required by paragraph (1). In this section, the terms correctional facility and incarcerated worker have the meanings given the terms in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ), as amended by this Act.
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- 42 USC 2000e–2(a)(2)
- 42 USC 2000e–16(a)
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Sec. 5
Nondiscrimination in employment and public services
Cite42 USC 2000e–2(a)(2)
Cite42 USC 2000e–16(a)
Cites 6Cited by 0 across 0 sources