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42 U.S.C. § 12117Enforcement

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives the same enforcement tools used for other civil rights laws to people alleging disability discrimination at work. The Commission, Attorney General, and other agencies must coordinate so complaints under this law and the Rehabilitation Act aren't duplicated. They had 18 months from July 26, 1990 to set up that coordination.

(a) Powers, remedies, and procedures. The same powers, remedies, and procedures found in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title apply here. They are available to the Commission, the Attorney General, or anyone alleging employment discrimination based on disability under this chapter or its regulations. (b) Coordination. Agencies enforcing this subchapter and the Rehabilitation Act of 1973 must build procedures so complaints filed under both laws don't get duplicated effort or inconsistent standards. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs must set up coordinating mechanisms — similar to existing joint regulations and a 1981 memorandum of understanding — in regulations implementing this subchapter and the Rehabilitation Act. This had to happen within 18 months after July 26, 1990.
the actual law source: uscode.house.gov ↗public domain
(a) Powers, remedies, and procedures

The powers, remedies, and procedures set forth in sections 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) Coordination

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.

Source credit: (Pub. L. 101–336, title I, § 107, July 26, 1990, 104 Stat. 336.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-336 · 104 Stat. 336

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.

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