§12117 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Gives the EEOC, the Attorney General, and people who say they faced job discrimination for a disability the same enforcement tools, legal remedies, and procedures used in other federal employment-discrimination laws (see sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9). Requires the agencies that enforce this law and the Rehabilitation Act of 1973 to make procedures that avoid duplicate complaints and conflicting rules. The EEOC, the Attorney General, and the Office of Federal Contract Compliance Programs must create coordinating regulations like earlier joint rules and the January 16, 1981 memorandum (46 Fed. Reg. 7435, January 23, 1981) no later than 18 months after July 26, 1990.

Title 42, §12117

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The powers, remedies, and procedures set forth in section 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under section 12116 of this title, concerning employment.

(b)The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 12101 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see

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note set out under section 701 of Title 29 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title.

§12117 Enforcement

Summary

Title 42, §12117

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata