42 U.S.C. § 2000gg–2 — Remedies and enforcement
submitted 4 years ago by Pub. L. 117-328 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,329 words · no verdicts yet
This section applies specified civil-rights powers, procedures, and remedies to pregnancy-accommodation claims for several categories of employees. It prohibits retaliation and coercion and limits damages when a covered entity made good-faith accommodation efforts.
(a) For employees described in section 2000gg(3)(A), the Title VII sections 705, 706, 707, 709, 710, and 711 powers, remedies, and procedures apply to the Commission*, Attorney General, or person* alleging a violation of this chapter. The costs-and-fees powers, remedies, and procedures in section 1988(b) and (c) apply, and section 1981a, including its subsection (b)(3) limits, applies to damages, except for an employment practice excluded by section 1981a(a)(1).
(b) For employees described in section 2000gg(3)(B), the Congressional Accountability Act procedures, powers, and remedies for allegations under section 201(a)(1) apply. The section 1988(b) and (c) costs-and-fees rules and section 1981a damages rules, including the subsection (b)(3) limits and exclusion in section 1981a(a)(1), also apply.
(c) For employees described in section 2000gg(3)(C), chapter 5 of title 3 powers, remedies, and procedures apply to the President, Commission, Merit Systems Protection Board, or person alleging a violation of section 411(a)(1). The same section 1988 costs-and-fees and section 1981a damages rules apply.
(d) For employees described in section 2000gg(3)(D), sections 302 and 304 of the Government Employee* Rights Act procedures, powers, and remedies apply to the Commission or person alleging a violation of section 302(a)(1). The same section 1988 costs-and-fees and section 1981a damages rules apply.
(e) For employees described in section 2000gg(3)(E), section 717 of Title VII powers, remedies, and procedures apply to the Commission, Attorney General, Librarian of Congress, or person alleging a violation. The same section 1988 costs-and-fees and section 1981a damages rules apply.
(f)(1) No person may discriminate against an employee because the employee opposed an act or practice made unlawful by this chapter, or filed a charge, testified, assisted, or participated in any way in an investigation, proceeding, or hearing under it. (2) It is unlawful to coerce, intimidate, threaten, or interfere with an individual exercising or enjoying a right under this chapter, because the individual exercised or enjoyed it, or because the individual helped or encouraged someone else to exercise or enjoy it. (3) The remedies and procedures otherwise provided by this section are available to people harmed by this subsection.
(g) Despite the damages provisions in subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), damages under section 1981a may not be awarded for an accommodation practice if the covered entity* proves good-faith efforts, in consultation with the employee who had known pregnancy-related limitations and told the entity accommodation was needed, to identify and provide a reasonable accommodation* giving an equally effective opportunity without undue hardship*.
The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) [42 U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, 2000e–9, and 2000e–10] to the Commission*, the Attorney General, or any person* alleging a violation of title VII of such Act (42 U.S.C. 2000e et seq.) shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee* described in section 2000gg(3)(A) of this title except as provided in paragraphs (2) and (3) of this subsection.
The powers, remedies, and procedures provided in subsections (b) and (c) of section 1988 of this title shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, or any person alleging such practice.
The powers, remedies, and procedures provided in section 1981a of this title, including the limitations contained in subsection (b)(3) of such section 1981a, shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1981a(a)(1) of this title).
The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) for the purposes of addressing allegations of violations of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this chapter provides to address an allegation of an unlawful employment practice in violation of this chapter against an employee described in section 2000gg(3)(B) of this title, except as provided in paragraphs (2) and (3) of this subsection.
The powers, remedies, and procedures provided in subsections (b) and (c) of section 1988 of this title for the purposes of addressing allegations of such a violation shall be the powers, remedies, and procedures this chapter provides to address allegations of such practice.
The powers, remedies, and procedures provided in section 1981a of this title, including the limitations contained in subsection (b)(3) of such section 1981a, for purposes of addressing allegations of such a violation, shall be the powers, remedies, and procedures this chapter provides to address any allegation of such practice (not an employment practice specifically excluded from coverage under section 1981a(a)(1) of this title).
The powers, remedies, and procedures provided in chapter 5 of title 3 to the President, the Commission, the Merit Systems Protection Board, or any person alleging a violation of section 411(a)(1) of such title shall be the powers, remedies, and procedures this chapter provides to the President, the Commission, the Board, or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee described in section 2000gg(3)(C) of this title, except as provided in paragraphs (2) and (3) of this subsection.
The powers, remedies, and procedures provided in subsections (b) and (c) of section 1988 of this title shall be the powers, remedies, and procedures this chapter provides to the President, the Commission, the Board, or any person alleging such practice.
The powers, remedies, and procedures provided in section 1981a of this title, including the limitations contained in subsection (b)(3) of such section 1981a, shall be the powers, remedies, and procedures this chapter provides to the President, the Commission, the Board, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1981a(a)(1) of this title).
The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this chapter provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee described in section 2000gg(3)(D) of this title, except as provided in paragraphs (2) and (3) of this subsection.
The powers, remedies, and procedures provided in subsections (b) and (c) of section 1988 of this title shall be the powers, remedies, and procedures this chapter provides to the Commission or any person alleging such practice.
The powers, remedies, and procedures provided in section 1981a of this title, including the limitations contained in subsection (b)(3) of such section 1981a, shall be the powers, remedies, and procedures this chapter provides to the Commission or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1981a(a)(1) of this title).
The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person alleging a violation of that section shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee described in section 2000gg(3)(E) of this title, except as provided in paragraphs (2) and (3) of this subsection.
The powers, remedies, and procedures provided in subsections (b) and (c) of section 1988 of this title shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice.
The powers, remedies, and procedures provided in section 1981a of this title, including the limitations contained in subsection (b)(3) of such section 1981a, shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1981a(a)(1) of this title).
No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this chapter or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.
The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection.
Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation* pursuant to this chapter or regulations implementing this chapter, damages may not be awarded under section 1981a of this title if the covered entity* demonstrates good faith efforts, in consultation with the employee with known limitations related to pregnancy, childbirth, or related medical conditions who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship* on the operation of the covered entity.
Source credit: (Pub. L. 117–328, div. II, § 104, Dec. 29, 2022, 136 Stat. 6085.)
- 2022Enacted · Pub. L. 117-328 · 136 Stat. 6085
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.
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