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Title 42 — The Public Health and WelfareRelease 119-73not60

§12117 Enforcement

Title 42 › Chapter 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter I— EMPLOYMENT › § 12117

Last updated Apr 5, 2026|Official source

Summary

Use the powers, remedies, and procedures listed in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 for any employment discrimination claim based on disability under this chapter or under rules made under section 12116. Those tools apply to the Commission, the Attorney General, or any person who says they were discriminated against. Agencies that enforce employment claims under this part and under the Rehabilitation Act of 1973 must make rules so complaints under both laws do not duplicate work or create conflicting standards. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs must create coordinating rules like prior joint regulations and the January 16, 1981 Memorandum of Understanding no later than 18 months after July 26, 1990.

Full Legal Text

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.

Legislative History

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

Short Title

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

Short Title

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12117

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60