42 U.S.C. § 5309 — Nondiscrimination in programs and activities
submitted 52 years ago by Pub. L. 93-383 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 525 words · no verdicts yet
This section bars discrimination in programs funded under this chapter and gives the Secretary enforcement options. It also requires equal access for covered youth organizations in designated forums.
(a) No person in the United States may be excluded, denied benefits, or discriminated against in a program or activity funded wholly or partly under this chapter because of race, color, national origin, religion, or sex. The age-discrimination ban in the Age Discrimination Act of 1975 and the protection for an otherwise qualified handicapped individual under 29 U.S.C. 794 also apply.
(b) If the Secretary* finds that a State* or unit of general local government* receiving assistance has not complied with subsection (a), (e), or an applicable regulation, the Secretary must notify the Governor or chief executive and ask that official to secure compliance. If that official does not do so within a reasonable time, no more than 60 days, the Secretary may: (1) refer the matter to the Attorney General with a recommendation for a civil action; (2) use the powers and functions provided by title VI of the Civil Rights Act of 1964; (3) use the powers and functions provided by section 5311(a) of this title; or (4) take another action allowed by law.
(c) After a referral under subsection (b), or if the Attorney General has reason to believe that a State government or unit of general local government is engaged in a pattern or practice violating this section, the Attorney General may bring a civil action in an appropriate United States district court for appropriate relief, including an injunction.
(d) The race-discrimination provisions of this section and section 5304(b)(2) of this title do not apply when grantees under this chapter provide assistance to the Hawaiian Home Lands.
(e)(1) “Youth organization” means an organization described in part B of subtitle II of title 36 that is intended to serve people under 21. This section does not define that quoted term beyond this description.
(e)(2) A State or unit of general local government receiving assistance under this chapter that has a designated open, limited public, or nonpublic forum may not deny equal access or a fair chance to meet, or discriminate against, a youth organization that wants to hold a meeting or otherwise participate there. This includes the Boy Scouts of America and groups officially affiliated with it.
No person in the United States shall on the ground of race, color, national origin, religion, 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 chapter. 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 shall also apply to any such program or activity.
Whenever the Secretary determines that a State* or unit of general local government* which is a recipient of assistance under this chapter has failed to comply with subsection (a) or (e) or an applicable regulation, he shall notify the Governor of such State or the chief executive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or 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); (3) exercise the powers and functions provided for in section 5311(a) of this title; or (4) take such other action as may be provided by law.
When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government 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.
The provisions of this section and section 5304(b)(2) of this title which relate to discrimination on the basis of race shall not apply to the provision of assistance by grantees under this chapter to the Hawaiian Home Lands.
In this subsection, the term “youth organization” means an organization described under part B of subtitle II of title 36 that is intended to serve individuals under the age of 21 years.
No State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under this chapter shall deny equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
Source credit: (Pub. L. 93–383, title I, § 109, Aug. 22, 1974, 88 Stat. 649; Pub. L. 97–35, title III, § 306, Aug. 13, 1981, 95 Stat. 392; Pub. L. 101–625, title IX, §§ 911, 912(a), Nov. 28, 1990, 104 Stat. 4392; Pub. L. 109–148, div. A, title VIII, § 8126(d), Dec. 30, 2005, 119 Stat. 2730; Pub. L. 109–163, div. A, title X, § 1058(d), Jan. 6, 2006, 119 Stat. 3443.)
- 1974Enacted · Pub. L. 93-383 · 88 Stat. 649
- 1981Amended · Pub. L. 97-35 · 95 Stat. 392
- 1990Amended · Pub. L. 101-625 · 104 Stat. 4392
- 2005Amended · Pub. L. 109-148 · 119 Stat. 2730
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3443
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-383 on 1974-08-22.
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