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42 U.S.C. § 8625Nondiscrimination provisions

submitted 45 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 316 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bans discrimination in programs funded by home energy assistance money. No one can be excluded or treated unfairly due to race, color, national origin, or sex. Age and disability protections apply too, and the government can sue states that don't fix violations.

(a) No program or activity that gets money — even partial funding — from this energy assistance law can exclude people, deny them benefits, or discriminate against them because of their race, color, national origin, or sex. The same protection against age discrimination found in the Age Discrimination Act of 1975 applies here too. So does the protection for people with disabilities who are otherwise qualified, under section 794 of title 29. (b) If the Secretary decides that a state receiving this money has broken the rule in (a) or a related regulation, the Secretary must notify that state's chief executive officer and ask the state to fix the problem. The state gets a reasonable amount of time to comply — no more than 60 days. If the state still doesn't fix it, the Secretary can respond in one of three ways: send the matter to the Attorney General with a recommendation to sue; use enforcement powers under Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 794 of title 29, whichever applies; or take any other legal action. (c) Once a case is sent to the Attorney General — or whenever the Attorney General has reason to believe a state is repeatedly violating this section — the Attorney General can file a civil lawsuit in the appropriate U.S. district court. The court can order whatever relief is appropriate, including an injunction ordering the state to stop the violation.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibitions

No person shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this subchapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in section 794 of title 29 also shall apply to any such program or activity.

(b) Procedures applicable to secure compliance

Whenever the Secretary determines that a State that has received a payment under this subchapter has failed to comply with subsection (a) or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 794 of title 29, as may be applicable; or (3) take such other action as may be provided by law.

(c) Maintenance of civil actions

When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that the State is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.

Source credit: (Pub. L. 97–35, title XXVI, § 2606, Aug. 13, 1981, 95 Stat. 900.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-35 · 95 Stat. 900

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.

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