§ 1311. Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990
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/usc/title-2/section-1311A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Discriminatory practices prohibited All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1)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);
(2)age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(3)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).
(b)Remedy
(1)Civil rights The remedy for a violation of subsection (a)(1) shall be—
(A)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
(B)such compensatory damages as would be appropriate if awarded under section 1981 of title 42, or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2)Age discrimination The remedy for a violation of subsection (a)(2) shall be—
(A)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
(B)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.
(3)Disabilities discrimination The remedy for a violation of subsection (a)(3) shall be—
(A)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
(B)such compensatory damages as would be appropriate if awarded under sections 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(c)Omitted
(d)Application to unpaid staff
(1)In general Subsections
(a)and
(b)shall apply with respect to—
(A)any staff member of an employing office who carries out official duties of the employing office but who is not paid by the employing office for carrying out such duties (referred to in this subsection as an “unpaid staff member”), including an intern, an individual detailed to an employing office, and an individual participating in a fellowship program, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and
(B)a former unpaid staff member, if the act that may be a violation of subsection
(a)occurred during the service of the former unpaid staffer for the employing office.
(2)Rule of construction Nothing in paragraph
(1)may be construed to extend liability for a violation of subsection
(a)to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing office.
(3)Intern defined For purposes of this subsection, the term “intern” means an individual who performs service for an employing office which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.
(e)Effective date This section shall take effect 1 year after January 23, 1995.
(Pub. L. 104–1, title II, § 201, Jan. 23, 1995, 109 Stat. 7; Pub. L. 115–397, title III, § 302(a), Dec. 21, 2018, 132 Stat. 5321.)
Connections292 cite this · traces to 11
Cited by 292 sections · top 60
public-private-law
U.S. Code
- § 1301Definitions
- § 633aNondiscrimination on account of age in Federal Government employment
- § 62Adjusted gross income defined
- § 1302Application of laws
- § 1331Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations
- § 2000ggDefinitions
- § 12209Instrumentalities of Congress
- § 1408Civil action
- § 2000ff–6Remedies and enforcement
- § 4576Availability of appropriated funds for payment to an individual of pay from more than one position; conditions
- § 1382Officers, staff, and other personnel
- § 2000gg–2Remedies and enforcement
- § 1362Notices
- § 1435Savings provisions
- § 1316aLegislative branch appointments
- § 1432Political affiliation and place of residence
- § 60lTransferred
statute-compilations
- Sec. 201RIGHTS 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, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT OF 1990
- Sec. 117COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGENCIES OF THE LEGISLATIVE BRANCH
- Sec. 201REPORTS ON AWARDS AND SETTLEMENTS
- Sec. 302EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST EMPLOYMENT DISCRIMINATION
- Sec. 2ALLOWING SENATORS, COMMITTEES, LEADERSHIP OFFICES, AND OTHER OFFICES OF THE SENATE TO SHARE EMPLOYEES
- Sec. 153application of congressional accountability act of 1995 to the library of congress; election of proceeding
statutes-at-large
- Public Law 108–357To amend the Internal Revenue Code of 1986 to remove impediments in such Code and make our manufacturing, service, and high-technology businesses and workers more competitive and productive both at Oct. 22, 2004[[H
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Private Law 104–4For the relief of Nguyen Quy An
- Public Law 117–10To allow Senators, Senators-elect, committees of the Senate, leadership offices, and other offices of the Senate to share employees, and for other purposes
- Public Law 110–233To prohibit discrimination on the basis of genetic information with respect to health insurance and May 21, 2008[[H
- Public Law 115–397To amend the Congressional Accountability Act of 1995 to reform the procedures provided under such Act for the initiation, review, and resolution of claims alleging that employing offices of the legislative branch have violated the rights and protections provided to their employees under such Act, i
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
register
bill
- Sec. 10Enforcement
- Sec. 3Application to legislative branch employees of whistleblower protection rules and restrictions on discharge by reason of garnishment and discriminatory treatment by reason of bankruptcy
- Sec. 4Requiring retention of records necessary to administer anti-discrimination laws applicable to covered employees
- Sec. 3Remedies and enforcement
- Sec. 375Enforcement
- Sec. 10Enforcement
- Sec. 10Enforcement
- Sec. 10Enforcement
- Sec. 10Enforcement
- Sec. 3Remedies and enforcement
- Sec. 11Amendment to the Congressional Accountability Act of 1995
- Sec. 4Enforcement
- Sec. 3Remedies and enforcement
- Sec. 1475Enforcement
- Sec. 7Employment
- Sec. 2Extension to unpaid interns of rights and protections against employment discrimination under Congressional Accountability Act of 1995
- Sec. 2Prohibition on criminal history inquiries prior to conditional offer for Federal employment
- Sec. 3Remedies and enforcement
- Sec. 7Employment
- Sec. 4Enforcement
- Sec. 2Prohibition on criminal history inquiries prior to conditional offer for Federal employment
- Sec. 1Application of whistleblower protection rules to legislative branch employees
- Sec. 11Amendment to the Congressional Accountability Act of 1995
- Sec. 7Employment
- Sec. 3Remedies and enforcement
Traces to 11 documents
U.S. Code
- Definitions§ 2000e
- Nondiscrimination on account of age in Federal Government employment§ 633a
- Employment of individuals with disabilities§ 791
- Discrimination§ 12112
- Equal rights under the law§ 1981
- Recordkeeping, investigation, and enforcement§ 626
- Remedies and attorney fees§ 794a
- Enforcement§ 12117
- Definitions§ 1301
10 references not yet in our index
- Pub. L. 104–1, title II, § 201
- 109 Stat. 7
- 132 Stat. 5321
- section 201 of Pub. L. 104–1
- Pub. L. 102–166, title I, § 117
- 105 Stat. 1080
- Pub. L. 108–271, § 8(b)
- 118 Stat. 814
- 128 Stat. 2537
- section 402(a) of Pub. L. 102–166
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cites case law
§ 1311
Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990
Bills×245
U.S.C.×21
Stat.×12
Pub. L.×6
Stat. Comp.×6
Fed. Reg.×2
Pub. L.Pub. L. 104–1, title II, § 201
Stat.109 Stat. 7
Stat.132 Stat. 5321
Cites 21 · showing 12Cited by 292 across 6 sources