3 U.S.C. § 411 — Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and title I of the Americans with Disabilities Act of 1990
submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 775 words · no verdicts yet
This law bans job discrimination against certain executive branch employees. It covers race, color, religion, sex, national origin, age, and disability. Covered employees who are discriminated against can get the same damages those other laws allow.
(a) Prohibited discrimination. Every personnel decision affecting a covered employee* must be made free of discrimination based on: (1) race, color, religion, sex, or national origin — using the same meaning as section 703 of the Civil Rights Act of 1964; (2) age — using the same meaning as section 15 of the Age Discrimination in Employment Act of 1967; or (3) disability — using the same meaning as section 501 of the Rehabilitation Act of 1973 and sections 102 through 104 of the Americans with Disabilities Act of 1990.
(b) Remedies. For race, color, religion, sex, or national origin discrimination, a covered employee can get the same damages available under section 706(g) of the Civil Rights Act, plus the same compensatory damages available under section 1977 of the Revised Statutes or under the specific damages provisions of sections 1977A(a)(1), 1977A(b)(2), and 1977A(b)(3)(D) — the last one applying no matter how small the employing office* is. For age discrimination, the employee can get the same damages available under section 15(c) of the Age Discrimination in Employment Act, plus the same liquidated damages available under section 7(b) of that Act; the Act's waiver rules in section 7(f) also apply to covered employees. For disability discrimination, the employee can get the same damages available under section 505(a)(1) of the Rehabilitation Act or section 107(a) of the ADA, plus the same compensatory damages available under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and 1977A(b)(3)(D) — again regardless of employing office size.
(c) Definitions. A "covered employee" is any executive branch employee, including those in the Executive Office of the President, whether appointed by the President or someone else — as long as that person isn't already entitled to sue under one of the laws named in subsection (a). It does not include anyone appointed with Senate confirmation, anyone appointed to an advisory committee (as defined in section 1001 of title 5), or any member of the uniformed services. An "employing office" is the specific office, agency, or entity where the covered employee works, sought work, or previously worked.
(d) Regulations. The President, or someone the President designates, must write regulations implementing the race/color/religion/sex/national-origin and disability provisions in subsections (a) and (b). These regulations must generally match the substantive rules the relevant executive agency already uses to enforce those same laws — except the President or designee can modify them for good cause, explained alongside the new regulation, or can instead apply the executive-branch version of Title VII section 717 or Rehabilitation Act section 501, if doing so would work just as well and would make federal law more consistent across the executive branch.
(e) Applicability. Subsections (a) through (c), along with section 417 (to the extent it relates to this section), apply only to violations that happen on or after this chapter's effective date.
(f) Effective date. This section took effect on October 1, 1997.
All personnel actions affecting covered employees shall be made free from any discrimination based on—
race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964;
age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967; or
disability, within the meaning of section 501 of the Rehabilitation Act of 1973 and sections 102 through 104 of the Americans with Disabilities Act of 1990.
The remedy for a violation of subsection (a)(1) shall be—
such damages as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964; and
such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes, or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and, irrespective of the size of the employing office*, 1977A(b)(3)(D) of the Revised Statutes.
The remedy for a violation of subsection (a)(2) shall be—
such damages as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967; and
such liquidated damages as would be appropriate if awarded under section 7(b) of such Act.
In addition, the waiver provisions of section 7(f) of such Act shall apply to covered employees.
The remedy for a violation of subsection (a)(3) shall be—
such damages as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 or section 107(a) of the Americans with Disabilities Act of 1990; and
such compensatory damages as would be appropriate if awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes.
Except as otherwise specifically provided in this section, as used in this section:
The term “covered employee” means any employee of a unit of the executive branch, including the Executive Office of the President, whether appointed by the President or by any other appointing authority in the executive branch, who is not otherwise entitled to bring an action under any of the statutes referred to in subsection (a), but does not include any individual—
whose appointment is made by and with the advice and consent of the Senate;
who is appointed to an advisory committee, as defined in section 1001 of title 5; or
who is a member of the uniformed services.
The term “employing office”, with respect to a covered employee, means the office, agency, or other entity in which the covered employee is employed (or sought employment or was employed in the case of an applicant or former employee, respectively).
The President, or the designee of the President, shall issue regulations to implement paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b).
The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the appropriate officer of an executive agency to implement the statutory provisions referred to in paragraphs (1) and (3) of subsection (a) and paragraphs (1) and (3) of subsection (b)—
except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
except that the President or designee may, at the discretion of the President or designee, issue regulations to implement a provision of section 717 of the Civil Rights Act of 1964 or section 501 of the Rehabilitation Act of 1973 that applies to employees in the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in paragraph (1) or (3) of subsection (a) or paragraph (1) or (3) of subsection (b), if the issuance of such regulations—
would be equally effective for the implementation of the rights and protections under this section; and
would promote uniformity in the application of Federal law to employees in the executive branch of the Federal Government.
Subsections (a) through (c), and section 417 (to the extent that it relates to any matter under this section), shall apply with respect to violations occurring on or after the effective date of this chapter.
This section shall take effect on October 1, 1997.
Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4055; amended Pub. L. 117–286, § 4(a)(3), Dec. 27, 2022, 136 Stat. 4305.)
- 1996Enacted · Pub. L. 104-331 · 110 Stat. 4055
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4305
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.
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