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

§2000e–16b Discriminatory Practices Prohibited

Title 42 › Chapter 21— CIVIL RIGHTS › Subchapter VI— EQUAL EMPLOYMENT OPPORTUNITIES › § 2000e–16b

Last updated Apr 5, 2026|Official source

Summary

All personnel actions that affect Presidential appointees under 2 U.S.C. 1219 or State employees under 42 U.S.C. 2000e–16c must not discriminate based on race, color, religion, sex, or national origin (as defined under 42 U.S.C. 2000e–16); age (as defined under 29 U.S.C. 633a); or disability (as defined under 29 U.S.C. 791 and 42 U.S.C. 12112–12114). If a violation is found for race, color, religion, sex, national origin, or disability, the remedies can include the same relief available under 42 U.S.C. 2000e–5(g), 2000e–5(k), and 2000e–16(d), and money for actual harm as allowed under 42 U.S.C. 1981 or 1981a(a) and 1981a(b)(2). For age violations, remedies can include those allowed under 29 U.S.C. 633a(c). Punitive damages are not allowed.

Full Legal Text

Title 42, §2000e–16b

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

(a)All personnel actions affecting the Presidential appointees described in section 1219 11 See References in Text note below. of title 2 or the State employees described in section 2000e–16c of this title shall be made free from any discrimination based on—
(1)race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title;
(2)age, within the meaning of section 633a of title 29; or
(3)disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title.
(b)The remedies referred to in section 1219(a)(1) 1 of title 2 and 2000e–16c(a) of this title—
(1)may include, in the case of a determination that a violation of subsection (a)(1) or (a)(3) has occurred, such remedies as would be appropriate if awarded under section 2000e–5(g), 2000e–5(k), and 2000e–16(d) of this title, and such compensatory damages as would be appropriate if awarded under section 1981 or section 1981a(a) and 1981a(b)(2) of this title;
(2)may include, in the case of a determination that a violation of subsection (a)(2) has occurred, such remedies as would be appropriate if awarded under section 633a(c) of title 29; and
(3)may not include punitive damages.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 1219 of title 2, referred to in text, was repealed by Pub. L. 104–331, § 5(a), Oct. 26, 1996, 110 Stat. 4072. Codification Section was enacted as part of the Government Employee Rights Act of 1991, and not as part of the Civil Rights Act of 1964, title VII of which comprises this subchapter. Section was formerly classified to section 1202 of Title 2, The Congress.

Amendments

1994—Pub. L. 104–1 amended section generally. Prior to amendment, text read as follows: “All personnel actions affecting employees of the Senate shall be made free from any discrimination based on— “(1) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title; “(2) age, within the meaning of section 633a of title 29; or “(3) handicap or disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as an

Effective Date

of 1991 Amendment note under section 1981 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000e–16b

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60