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42 U.S.C. § 290cc–33Nondiscrimination

submitted 82 years ago by Pub. L. 100-77 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 474 words · no verdicts yet

in plain englishAI-generated · not legal advice

Programs funded by this grant money must follow federal civil rights laws banning discrimination by age, disability, sex, or race. No one may be excluded because of their sex or religion, either. If a state will not fix a violation, the Secretary can ask the Attorney General to sue.

(a) In general (1) Rule of construction regarding certain civil rights laws: For applying the bans on age discrimination, disability discrimination, sex discrimination under Title IX, and race, color, or national origin discrimination under Title VI, programs funded even partly by this grant money count as programs receiving federal financial assistance. (2) Prohibition: No one may be excluded from, denied benefits of, or discriminated against in any funded program because of sex or religion. (b) Enforcement (1) Referrals to Attorney General after notice: If the Secretary finds a state or funded organization violated one of these civil rights laws or the sex or religion ban, the Secretary must notify the state's chief executive and ask them to fix it. If the problem is not fixed within a reasonable time, no more than 60 days, the Secretary may (A) send the matter to the Attorney General recommending a lawsuit, (B) use powers under the relevant civil rights laws, or (C) take other legally authorized action. (2) Authority of Attorney General: When a case is referred, or whenever the Attorney General believes a state or organization has a pattern of violating these laws, the Attorney General may sue in federal court for appropriate relief, including an injunction.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Rule of construction regarding certain civil rights laws

For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on the basis of sex under title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], programs and activities funded in whole or in part with funds made available under section 290cc–21 of this title shall be considered to be programs and activities receiving Federal financial assistance.

(2) Prohibition

No person shall on the ground of sex or religion 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 section 290cc–21 of this title.

(b) Enforcement
(1) Referrals to Attorney General after notice

Whenever the Secretary finds that a State, or an entity that has received a payment pursuant to section 290cc–21 of this title, has failed to comply with a provision of law referred to in subsection (a)(1), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), the Secretary shall notify the chief executive officer of the State and shall request the chief executive officer 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 may—

(A)

refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;

(B)

exercise the powers and functions provided by the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], as may be applicable; or

(C)

take such other actions as may be authorized by law.

(2) Authority of Attorney General

When a matter is referred to the Attorney General pursuant to paragraph (1)(A), or whenever the Attorney General has reason to believe that a State or an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(1) or in violation of subsection (a)(2), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.

Source credit: (July 1, 1944, ch. 373, title V, § 533, as added Pub. L. 100–77, title VI, § 611(3), July 22, 1987, 101 Stat. 522; amended Pub. L. 101–645, title V, § 511, Nov. 29, 1990, 104 Stat. 4732.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-77 · 101 Stat. 522
  • 1990Amended · Pub. L. 101-645 · 104 Stat. 4732

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-77 on 1944-07-01.

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