§7202 — Title 5 Government Organization and Employees | U.S. Code

§7202 Marital status

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart F— - Labor-Management and Employee Relations › Chapter CHAPTER 72— - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS › Subchapter SUBCHAPTER I— - ANTIDISCRIMINATION IN EMPLOYMENT › § 7202

Last updated Apr 6, 2026|Official source

Summary

The President can make rules to stop discrimination because of marital status in executive agencies and in the competitive service, as long as those rules make sense for running the agency. Any rules or laws that give employee benefits must give married women and their spouses and children the same benefits as married men and their families; a benefit given to a male federal employee or his family is treated as given to a female federal employee or her family.

Title 5, §7202

Government Organization and Employees — Source: USLM XML via OLRC

(a)The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of marital status in an Executive agency or in the competitive service.

(b)Regulations prescribed under any provision of this title, or under any other provision of law, granting benefits to employees, shall provide the same benefits for a married female employee and her spouse and children as are provided for a married male employee and his spouse and children.

(c)Notwithstanding any other provision of law, any provision of law providing a benefit to a male Federal employee or to his spouse or family shall be deemed to provide the same benefit to a female Federal employee or to her spouse or family.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 633(2)6 (less 1st sentence).July 26, 1937, ch. 522, 50 Stat. 533. The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying each of the personnel actions to which the prohibition applies. The words “in an Executive agency or in the competitive service” are added for clarity. The sentence “All Acts or parts of Acts inconsistent herewith are repealed.” is omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1978—Pub. L. 95–454, renumbered section 7152 of this title as this section. 1971—Pub. L. 92–187 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).