42 U.S.C. § 2000e–16b: Discriminatory…

Summary

All job decisions for the Presidential appointees listed in 2 U.S.C. 1219 and for the State employees listed in 42 U.S.C. 2000e–16c must be free from discrimination based on race, color, religion, sex, or national origin (as used in 42 U.S.C. 2000e–16); age (as used in 29 U.S.C. 633a); or disability (as used in 29 U.S.C. 791 and 42 U.S.C. 12112–12114). If a court finds discrimination, it can order the same kinds of relief allowed under 42 U.S.C. 2000e–5(g), 2000e–5(k), and 2000e–16(d) and can award compensatory damages as allowed by 42 U.S.C. 1981 or 1981a(a) and 1981a(b)(2). For age claims, the relief can match what 29 U.S.C. 633a(c) allows. Punitive damages are not allowed.

Title 42, §2000e–16b

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

(a)Practices

All personnel actions affecting the Presidential appointees described in section 1219 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)Remedies

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.

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Section 1219 of title 2, referred to in text, was repealed by Pub.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.

§2000e–16b Discriminatory Practices Prohibited

Summary

Title 42, §2000e–16b

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata