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42 U.S.C. § 12203Prohibition against retaliation and coercion

submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 151 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section protects people who speak up about ADA violations. No one can punish them for complaining, testifying, or helping an investigation. It's also illegal to threaten or interfere with anyone using their ADA rights.

This section has three lettered parts, (a) through (c). (a) Retaliation. No one can discriminate against a person because that person opposed an act or practice made illegal by this chapter, or because they filed a charge, testified, helped, or took part in any way in an investigation, proceeding, or hearing under this chapter. (b) Interference, coercion, or intimidation. It's illegal to coerce, intimidate, threaten, or interfere with anyone who is exercising or enjoying a right this chapter protects -- or who helped or encouraged someone else to do the same -- whether that's happening now or already happened in the past. (c) Remedies and procedures. People harmed by a violation of (a) or (b) can use the same remedies and procedures set out in sections 12117, 12133, and 12188 -- matching whichever part of the law applies: employment under subchapter I, public services under subchapter II, or public accommodations under subchapter III.
the actual law source: uscode.house.gov ↗public domain
(a) Retaliation

No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

(b) Interference, coercion, or intimidation

It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

(c) Remedies and procedures

The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b), with respect to subchapter I, subchapter II and subchapter III, respectively.

Source credit: (Pub. L. 101–336, title V, § 503, July 26, 1990, 104 Stat. 370.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-336 · 104 Stat. 370

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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