Sec. 201. Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, title I of the Americans with Disabilities Act of 1990, and title II of the Genetic Information Nondiscrimination Act of 2008

1,019 words·~5 min read·/bill/118/s/5168/is/section-201·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

All personnel actions affecting covered employees shall be made free from any discrimination or an unlawful practice based on— race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ); age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ); disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112–12114 ); or genetic information, within the meaning of section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ).

The remedy for a violation of subsection (a)(1) shall be— such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) ); and such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ), or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and irrespective of the size of the employing unit, 1977A(b)(3)(D) of the Revised Statutes ( 42 U.S.C. 1981a(a)(1) , 1981a(b)(2), and 1981a(b)(3)(D)).

The remedy for a violation of subsection (a)(2) shall be— such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a(c) ); and such liquidated damages as would be appropriate if awarded under section 7(b) of such Act ( 29 U.S.C. 626(b) ). In addition, the waiver provisions of section 7(f) of such Act ( 29 U.S.C. 626(f) ) shall apply to covered employees. The remedy for a violation of subsection (a)(3) shall be— such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a(a)(1) ) or section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ); and such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the employing unit, 1977A(b)(3)(D) of the Revised Statutes ( 42 U.S.C. 1981a(a)(2) , 1981a(a)(3), 1981a(b)(2), and 1981a(b)(3)(D)).

The remedy for a violation of subsection (a)(4) shall be the remedy specified in section 207(g) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–6(g) ). Section 201(2) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff(2) ) is amended— in subparagraph (A)— by striking or at the end of clause (iv); by striking the period at the end of clause

(v)and inserting ; or ; and by adding after clause

(v)the following: a covered employee (including an applicant and a former employee), as defined in section 101 of the Judiciary Accountability Act of 2024. ; and in subparagraph (B)— by striking or at the end of clause (iv); by striking the period at the end of clause

(v)and inserting ; or ; and by adding after clause

(v)the following: an employing unit, as defined in section 101 of the Judiciary Accountability Act of 2024. . Section 207 of such Act ( 42 U.S.C. 2000ff–6 ) is amended— by redesignating subsection

(g)as subsection (h); and by inserting after subsection

(f)the following: The powers, remedies, and procedures provided in the Judiciary Accountability Act of 2024 to the Board (as defined in section 101 of that Act), or any person, alleging a violation of section 201(a)(1) of that Act shall be the powers, remedies, and procedures this title provides to that Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(vi), except as provided in paragraphs

(2)and (3). The powers, remedies, and procedures provided in subsections

(b)and

(c)of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be powers, remedies, and procedures this title provides to that Board, or any person, respectively, alleging such a practice. The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including, irrespective of the size of the employing unit, in subsection (b)(3)(D) of such section 1977A, shall be powers, remedies, and procedures this title provides to that Board, or any person, respectively, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes ( 42 U.S.C. 1981a(a)(1) ). With respect to a claim alleging a practice described in paragraph (1), titles III and IV of the Judiciary Accountability Act of 2024 shall apply in the same manner as such titles apply with respect to a claim alleging a violation of section 201(a)(1) of such Act. . Subsections

(a)and

(b)shall apply with respect to— any staff member of an employing unit who carries out official duties of the employing unit but who is not paid by the employing unit for carrying out such duties (referred to in this subsection as an unpaid staff member ), including an intern, an individual detailed to an employing unit from elsewhere, and an individual participating in a fellowship program or clerkship, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and a former unpaid staff member, if the act that may be a violation of subsection

(a)occurred during the service of the former unpaid staff member in the employing unit. Nothing in paragraph

(1)may be construed to extend liability for a violation of subsection

(a)to an employing unit on the basis of an action taken by any person who is not under the supervision or control of the employing unit. For purposes of this subsection, the term intern means an individual who performs service for an employing unit which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation. This section shall take effect 1 year after the date of enactment of this Act.

Connectionstraces to 9

Traces to 9 documents

U.S. Code

6 references not yet in our index

42 USC 2000e–2
42 USC 12112–12114
42 USC 2000ff–1
42 USC 2000e–5(g)
42 USC 2000ff–6(g)
42 USC 2000ff–6

Citation graph

cites case law

Sec. 201

Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, title I of the Americans with Disabilities Act of 1990, and title II of the Genetic Information Nondiscrimination Act of 2008

Cite42 USC 2000e–2

Cite42 USC 12112–12114

Cite42 USC 2000ff–1

Cites 15 · showing 12Cited by 0 across 0 sources