It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.

Section 6102. Prohibition of discrimination

Pursuant to regulations prescribed under section 6103 of this title, and except as provided by section 6103(b) of this title and section 6103(c) of this title, no person in the United States shall, on the basis of age, be excluded from participation, in be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

Section 6103. Regulations

(a) Publication in Federal Register of proposed general regulations, final general regulations, and anti-discrimination regulations; effective date.

(1) Not later than one year after the transmission of the report required by section 6106(b) of this title, or two and one-half years after November 28,1975, whichever occurs first, the Secretary of Health and Human Services shall publish in the Federal Register proposed general regulations to carry out the provisions of section 6102 of this title.

(2)

(A) The Secretary shall not publish such proposed general regulations until the expiration of a period comprised of–

(i) the forty-five day period specified in section 6016(e) of this title,and

(ii) an additional forty-five day period, immediately following the period described in clause (i), during which any committee of the Congress having jurisdiction over the subject matter involved may conduct hearings with respect to the report which the Commission is required to transmit under section6106(d) of this title, and with respect to the comments and recommendations submitted by Federal departments and agencies under section 6106(e) of this title.

(B) The forty-five day period specified in subparagraph (A)(ii) shall include only days during which both Houses of the Congress are in session.

(3) Not later than ninety days after the Secretary publishes proposed regulations under paragraph (1), the Secretary shall publish in the Federal Register final general regulations to carry out the provisions of section6106(e) of this title, after taking into consideration any comments received by the Secretary with respect to the regulations proposed under paragraph (1).

(4) Not later than ninety days after the Secretary publishes final general regulations under paragraph (a)(3), the head of each federal department or agency which extends Federal financial assistance to any program or activity byway of grant, entitlement, loan, or contract other than a contract of insurance or guaranty, shall transmit to the Secretary and publish in the Federal Register proposed regulations to carry out the provisions of section 6102 of this title and to provide appropriate investigative, conciliation, and enforcement procedures. Such regulations shall be consistent with the final general regulations issued by the Secretary, and shall not become effective until approved by the Secretary.

(5) Notwithstanding any other provision of this section, no regulations issued pursuant to this section shall be effective before July 1, 1979.

(b) Nonviolative actions; program or activity exemption.

(1) it shall not be a violation of any provision of this chapter, or of any regulation issued under this chapter, for any person to take any action otherwise prohibited by the provisions of section 6102 of this title if, in the program or activity involved–

(A) Such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of such program or activity; or

(B) the differentiation made by such action is based upon reasonable factors other than age.

(2) The provisions of this chapter shall not apply to any program or activity established under authority of any law which (A) provides any benefits or assistance to persons based upon the age of such persons; or (B) establishes criteria for participation in age-related terms or describes intended beneficiaries or target groups in such terms.

(c) Employment practices and labor-management joint apprenticeship training program exemptions; Age Discrimination in Employment Act unaffected.

(1) Except with respect to any program or activity receiving Federal financial assistance for public service employment under the Workforce Investment Act of 1998 (29 USC 9201 et seq.), nothing in this chapter shall be construed to authorize action under this chapter by any Federal department or agency with respect to any employment practice of any employer,employment agency, or labor organization, or with respect to any labor-management joint apprenticeship training program.

(2) Nothing in this chapter shall be construed to amend or modify the Age Discrimination in Employment Act of 1967(29 U.S.C. §§ 621-634) as amended, or to affect the rights of responsibilities of any person or party pursuant to such Act.

Section 6104. Enforcement

(a) Methods of achieving compliance with regulations.

The head of any Federal department or agency who prescribes regulations under section 6103 of this title, may seek to achieve compliance with any regulation–

(1) by terminating, or refusing to grant or to continue, assistance under the program or activity involved to any recipient with respect to whom there has been an express finding on the record, after reasonable notice and opportunity for hearing, of a failure to comply with any such regulation; or

(2) by any other means authorized by law.

(b) Limitations on termination of, or on refusal to grant or to continue, assistance; disbursement of withheld funds to achiever agencies.

Any termination of, or refusal to grant or to continue, assistance undersubsection (a)(1) of this section shall be limited to the particular political entity or other recipient with respect to which a finding has been made undersubsection (a)(1) of this section. Any such termination or refusal shall be limited to its effect to the particular program or activity, or part of such program or activity, with respect to which such finding has been made. No such termination or refusal shall be based in whole or in part on any finding with respect to any program or activity which does not receive Federal financial assistance. Whenever the head of any Federal department or agency who prescribes regulations under section 6103 of this title withholds funds pursuant to the subsection (a) of this section, he may, in accordance with regulations he shall prescribe, disburse the funds so withheld directly to any public or nonprofit private organization or agency, or State or political subdivision thereof, which demonstrates the ability to achieve the goals of the Federal statute authorizing the program or activity while complying with regulations issued under section 6103 of this title.

(c) Advice as to failure to comply with regulation; determination that compliance cannot be secured by voluntary means

No action may be taken under subsection (a) of this title until the head of the Federal department or agency involved has advised the appropriate person of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means.

(d) Report to congressional committees

In the case of any action taken under subsection (a) of this section, the head of the Federal department or agency involved shall transmit a written report of the circumstances and grounds of such action to the committees of the House of Representative and the Senate having legislative jurisdiction over the program or activity involved. No such action shall take effect until thirty days after the transmission of any such report.

(e) Injunctions; notice of violations; costs; conditions of actions

(1) When any interested person brings an action in any United States district court for the district in which the defendant is found or transacts business to enjoin a violation of this Act by any program or activity receiving Federal financial assistance, such interested person shall give notice by registered mail not less than 30 days prior to the commencement of that action to the Secretary of Health and Human Services, the Attorney General of the United States, and the person against whom the action is directed. Such interested person may elect, by a demand for such relief in his complaint, to recover reasonable attorney’s fees, in which case the court shall award the costs of suit, including a reasonable attorney’s fee, to the prevailing plaintiff.

(2) The notice referred to in paragraph (1) shall state the nature of the alleged violation, the relief to be requested, the court in which the action will be brought, and whether or not attorney’s fees are being demanded in the event the plaintiff prevails. No action described in paragraph (1) shall be brought (A) if at the time the action is brought the same alleged violation by the same defendant is the subject of a pending action in any court of the United States; or (B) if administrative remedies have not been exhausted.

(f) Exhaustion of administrative remedies

With respect to actions brought for relief based on an alleged violation of the provisions of this chapter, administrative remedies shall be deemed exhausted upon the expiration of 180 days from the filing of an administrative complaint during which time the Federal department or agency makes no finding with regard to the complaint, or upon the day that the Federal department or agency issues a finding in favor of the recipient of financial assistance, whichever occurs first.

Section 6105. Judicial review

(a) Revisions of other laws

Any action by any Federal Department or agency under section 6104 of this title shall be subject to such judicial review as any otherwise be provided bylaw for similar action taken by any such department or agency on other grounds.

(b) Provisions of Chapter 7 of Title 5; reviewable agency discretion

In the case of any action by any Federal department or agency under section6104 of this title which is not otherwise subject to judicial review, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with the provisions of chapter 7 of Title 5. For purposes of this subsection, any such action shall not be purposes of this subsection, any such action shall not be considered committed to unreviewable agency discretion within the meaning of section 701(a)(2) of such title.

Section 6106. Study of discrimination based on age

(a) Study by Commission on Civil Rights

The Commission on Civil Rights shall (1) undertake a study of unreasonable discrimination based on age in programs and activities receiving Federal financial assistance; and (2) identify with particularity any such federally assisted program or activity in which there is found evidence of persons who are otherwise qualified being, on the basis of age, excluding from participation in, denied the benefits of, or subjected to discrimination under such program or activity.

(b) Public hearings

As part of the study required by this section, the Commission shall conduct public hearings to elicit the views of interested parties, including Federal departments and agencies, on issues relating to age discrimination in programs and activities receiving Federal financial assistance, and particularly with respect to the reasonableness of distinguishing, on the basis of age, among potential participants in, or beneficiaries of, specific federally assisted programs.

(c) Publication of results of analyses, research and studies by independent experts; services of voluntary or uncompensated personnel

The Commission is authorized to obtain through grant or contract, analyses,research and studies by independent experts of issues relating to age discrimination and to publish the results thereof. For purposes of the study required by this section, the Commission may accept and utilize the services of voluntary or uncompensated personnel, without regard to the provisions of section 1975d(b) of this title.

(d) Report to President and Congress; copies to affected Federal departments and agencies; information and technical assistance

Not later than two years after November 28, 1975, the Commission shall transmit a report of its findings and its recommendations for statutory changes(if any) and administrative action, including suggested general regulations, to the Congress and to the President and shall provide a copy of its report to the head of each Federal department and agency with respect to which the Commission makes findings or recommendations. The Commission is authorized to provide,upon request, information and technical assistance regarding its findings and recommendations to Congress, to the President, and to the heads of Federal departments and agencies for a ninety-day period following the transmittal of its report.

(e) Comments and recommendations of Federal departments and agencies;submission to President and Congressional committees

Not later than forty-five working days after receiving a copy of the report required by subsection (d) of this section, each Federal department or agency with respect to which the Commission makes findings or recommendations shall submit its comments and recommendations regarding such report to the President and to the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives.

(f) Cooperation of Federal departments and agencies with Commission

The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study required by subsection(a) of this section, and shall provide to the Commission such data, reports,and documents in connection with the subject matter of such study as the Commission may request.

(g) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

§ 6106a. Reports to the Secretary and Congress

(a) Reports to Secretary

Not later than December 31 of each year (beginning in 1979), the head of each Federal department or agency shall submit to the Secretary of Health and Human Services a report (1) describing in detail the steps taken during the preceding fiscal year by such department or agency to carry out the provisions of section 6102 of this title; and (2) containing specific data about program participants or beneficiaries, by age, sufficient to permit analysis of how well the department or agency is carrying out the provisions of section 6102 of this title.

(b) Reports to Congress

Not later than March 31 of each year (beginning in 1980), the Secretary of Health and Human Services shall compile the reports made pursuant to subsection(a) of this section and shall submit them to the Congress, together with an evaluation of the performance of each department or agency with respect to carrying out the provisions of section 6102 of this title.

§ 6107. Definitions

For the purposes of this chapter–

(1) the term Commission means the Commission on Civil Rights;

(2) the term Secretary means the Secretary of Health and Human Services;

(3) the term Federal department or agency means any agency as defined in section 551 of Title 5 and includes the United States Postal Service and the Postal Rate Commission; and

(4) the term program or activity means all of the operations of–

(A)

(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(B)

(i) a college, university, or other postsecondary institution, or a public system of higher education; or

(ii) a local educational agency (as defined in section 8801 of Title 20),system of vocational education, or other school system;

(C)

(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship –
(I) if assistance is extended to such corporation, partnership,private organization, or sole proprietorship as a whole; or

(II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship;or

(D) any other entity which is established by two or more of the entities described in paragraph (A), (B) or (C);

any part of which is extended Federal financial assistance.

Sec. 1681. Sex

(a) Prohibition against discrimination; exceptions

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that:

(1) Classes of educational institutions subject to prohibition

in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education;

(2) Educational institutions commencing planned change in admissions

in regard to admissions to educational institutions, this section shall not apply

(A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or

(B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later;

(3) Educational institutions of religious organizations with contrary religious tenets

this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenets of such organization;

(4) Educational institutions training individuals for military services or merchant marine

this section shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine;

(5) Public educational institutions with traditional and continuing admissions policy

in regard to admissions this section shall not apply to any public institution of undergraduate higher education which is an institution that traditionally and continually from its establishment has had a policy of admitting only students of one sex;

(6) Social fraternities or sororities; voluntary youth service organizations

this section shall not apply to membership practices -

(A) of a social fraternity or social sorority which is exempt from taxation under section 501(a) of title 26, the active membership of which consists primarily of students in attendance at an institution of higher education, or

(B) of the Young Men’s Christian Association, Young Women’s Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age;

(7) Boy or Girl conferences

this section shall not apply to -

(A) any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(B) any program or activity of any secondary school or educational institution specifically for -

(i) the promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or

(ii) the selection of students to attend any such conference;

(8) Father-son or mother-daughter activities at educational institutions

this section shall not preclude father-son or mother-daughter activities at an educational institution, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided for students of the other sex; and

(9) Institution of higher education scholarship awards in “beauty” pageants

this section shall not apply with respect to any scholarship or other financial assistance awarded by an institution of higher education to any individual because such individual has received such award in any pageant in which the attainment of such award is based upon a combination of factors related to the personal appearance, poise, and talent of such individual and in which participation is limited to individuals of one sex only, so long as such pageant is in compliance with other nondiscrimination provisions of Federal law.

(b)Preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance

Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: *Provided*, That this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.

(c)”Educational institution” defined

For purposes of this chapter an educational institution means any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education, except that in the case of an educational institution composed of more than one school, college, or department which are administratively separate units, such term means each such school, college, or department.

Sec.1682. Federal administrative enforcement; report to Congressional committees

Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: *Provided, however*, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

Sec. 1683. Judicial review

Any department or agency action taken pursuant to section 1682 of this title shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 1682 of this title, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title.

Sec.1684. Blindness or visual impairment; prohibition against discrimination

No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such institution to provide any special services to such person because of his blindness or visual impairment.

Sec. 1685. Authority under other laws unaffected

Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended byway of a contract of insurance or guaranty.

Sec.1686. Interpretation with respect to living facilities

Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any educational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes.

Sec.1687. Interpretation of “program or activity”

For the purposes of this subchapter, the term “program or activity” and the term “program” mean all of the operations of -

(1)
(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

    (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)
(A) a college, university, or other postsecondary institution, or a public system of higher education; or

    (B) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;

(3)
(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship -

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

    (B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of section 1681 of this title to such operation would not be consistent with the religious tenets of such organization.

Sec. 1688. Neutrality with respect to abortion

Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.

SEC. 201. DEFINITION.

As used in this title:

(1) Public entity.–The term “public entity” means–

(A) any State or local government;

(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and

(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).

(2) Qualified individual with a disability.–The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

SEC. 202. DISCRIMINATION.

Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

SEC. 203. ENFORCEMENT.

The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) shall be the remedies, procedures, and rights this title provides to any person alleging discrimination on the basis of disability in violation of section 202.

SEC. 204. REGULATIONS.

(a) In General.–Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate regulations in an accessible format that implement this subtitle. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section 223, 229, or 244.

(b) Relationship to Other Regulations.–Except for “program accessibility, existing facilities”, and “communications”, regulations under subsection (a) shall be consistent with this Act and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal financial assistance under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). With respect to “program accessibility, existing facilities”, and “communications”, such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under such section 504.

(c) Standards.–Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this subtitle, other than facilities, stations, rail passenger cars, and vehicles covered by subtitle B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504(a) of this Act.

SEC. 205. EFFECTIVE DATE.

(a) General Rule.–Except as provided in subsection (b), this subtitle shall become effective 18 months after the date of enactment of this Act.

(b) Exception.–Section 204 shall become effective on the date of enactment of this Act.

SEC. 221. DEFINITIONS.

As used in this part:

(1) Demand responsive system.–The term “demand responsive system” means any system of providing designated public transportation which is not a fixed route system.

(2) Designated public transportation.–The term “designated public transportation” means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 241)) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

(3) Fixed route system.–The term “fixed route system” means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule.

(4) Operates.–The term “operates”, as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity.

(5) Public school transportation.–The term “public school transportation” means transportation by school bus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities.

(6) Secretary.–The term “Secretary” means the Secretary of Transportation.

SEC. 222. PUBLIC ENTITIES OPERATING FIXED ROUTE SYSTEMS.

(a) Purchase and Lease of New Vehicles.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following the effective date of this subsection and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(b) Purchase and Lease of Used Vehicles.–Subject to subsection (c)(1), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system to purchase or lease, after the 30th day following the effective date of this subsection, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(c) Remanufactured Vehicles.–

(1) General rule.–Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system–

(A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following the effective date of this subsection; or

(B) to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended;

unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(2) Exception for historic vehicles.–

(A) General rule.–If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic character of such vehicle.

(B) Vehicles of historic character defined by regulations.–For purposes of this paragraph and section 228(b), a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection.

SEC. 223. PARATRANSIT AS A COMPLEMENT TO FIXED ROUTE SERVICE.

(a) General Rule.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs, that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system.

(b) Issuance of Regulations.–Not later than 1 year after the effective date of this subsection, the Secretary shall issue final regulations to carry out this section.

(c) Required Contents of Regulations.–

(1) Eligible recipients of service.–The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section–

(A)

(i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities;

(ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and

(iii) to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system;

(B) to one other individual accompanying the individual with the disability; and

(C) to other individuals, in addition to the one individual described in subparagraph (B), accompanying the individual with a disability provided that space for these additional individuals is available on the paratransit vehicle carrying the individual with a disability and that the transportation of such additional individuals will not result in a denial of service to individuals with disabilities.

For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location.

(2) Service area.–The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides commuter bus service.

(3) Service criteria.–Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section.

(4) Undue financial burden limitation.–The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden.

(5) Additional services.–The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4).

(6) Public participation.–The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7).

(7) Plans.–The regulations issued under this section shall require that each public entity which operates a fixed route system–

(A) within 18 months after the effective date of this subsection, submit to the Secretary, and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and

(B) on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services.

(8) Provision of services by others.–The regulations issued under this section shall–

(A) require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and

(B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities.

(9) Other provisions.–The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section.

(d) Review of Plan.–

(1) General rule.–The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section.

(2) Disapproval.–If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor.

(3) Modification of disapproved plan.–Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan.

(e) Discrimination Defined.–As used in subsection (a), the term “discrimination” includes–

(1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7);

(2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d)(3);

(3) submission to the Secretary of a modified plan under subsection (d)(3) which does not meet the requirements of this section; or

(4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section.

(f) Statutory Construction.–Nothing in this section shall be construed as preventing a public entity–

(1) from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section,

(2) from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or

(3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section.

SEC. 224. PUBLIC ENTITY OPERATING A DEMAND RESPONSIVE SYSTEM.

If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities.

SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE.

(a) Granting.–With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 222(a) or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary–

(1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities;

(2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses;

(3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and

(4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity.

(b) Duration and Notice to Congress.–Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted.

(c) Fraudulent Application.–If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection a) was fraudulently applied for, the Secretary shall–

(1) cancel such relief if such relief is still in effect; and

(2) take such other action as the Secretary considers appropriate.

SEC. 226. NEW FACILITIES.

For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

SEC. 227. ALTERATIONS OF EXISTING FACILITIES.

(a) General Rule.–With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).

(b) Special Rule for Stations.–

(1) General rule.–For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(2) Rapid rail and light rail key stations.–

(A) Accessibility.–Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on the effective date of this paragraph.

(B) Extension for extraordinarily expensive structural changes.– The Secretary may extend the 3-year period under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing facilities; except that by the last day of the 20th year following the date of the enactment of this Act at least 2/3 of such key stations must be readily accessible to and usable by individuals with disabilities.

(3) Plans and milestones.–The Secretary shall require the appropriate public entity to develop and submit to the Secretary a plan for compliance with this subsection–

(A) that reflects consultation with individuals with disabilities affected by such plan and the results of a public hearing and public comments on such plan, and

(B) that establishes milestones for achievement of the requirements of this subsection.

SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING FACILITIES AND ONE CAR PER TRAIN RULE.

(a) Public Transportation Programs and Activities in Existing Facilities.–

(1) In general.–With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities.

(2) Exception.–Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by section 227(a) (relating to alterations) or section 227(b) (relating to key stations).

(3) Utilization.–Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities.

(b) One Car Per Train Rule.–

(1) General rule.–Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section.

(2) Historic trains.–In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of section 222(c)(1) and which do not significantly alter the historic character of such vehicle.

SEC. 229. REGULATIONS.

(a) In General.–Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part (other than section 223).

(b) Standards.–The regulations issued under this section and section 223 shall include standards applicable to facilities and vehicles covered by this subtitle. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act.

SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS.

If final regulations have not been issued pursuant to section 229, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 226 and 227, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.

SEC. 231. EFFECTIVE DATE.

(a) General Rule.–Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act.

(b) Exception.–Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 shall become effective on the date of enactment of this Act.

SEC. 241. DEFINITIONS.

As used in this part:

(1) Commuter authority.–The term “commuter authority” has the meaning given such term in section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8)).

(2) Commuter rail transportation.–The term “commuter rail transportation” has the meaning given the term “commuter service” in section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9)).

(3) Intercity rail transportation.–The term “intercity rail transportation” means transportation provided by the National Railroad Passenger Corporation.

(4) Rail passenger car.–The term “rail passenger car” means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.

(5) Responsible person.–The term “responsible person” means–

(A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity;

(B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and

(C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation.

(6) Station.–The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops.

SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDEREDDISCRIMINATORY.

(a) Intercity Rail Transportation.–

(1) One car per train rule.–It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 244, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act.

(2) New intercity cars.–

(A) General rule.–Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244.

(B) Special rule for single-level passenger coaches for individuals who use wheelchairs.–Single-level passenger coaches shall be required to–

(i) be able to be entered by an individual who uses a wheel

PART 6–NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES RECEIVING ASSISTANCE UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974

Subpart A–General Provisions

6.1 Purpose.
6.2 Applicability.
6.3 Definitions.
6.4 Discrimination prohibited.
6.5 Discrimination prohibited–employment.
6.6 Records to be maintained.

Subpart B–Enforcement

6.10 Compliance information.
6.11 Conduct of investigations.
6.12 Procedure for effecting compliance.
6.13 Hearings and appeals.

Authority: 42 U.S.C. 3535(d) 42 U.S.C. 5309.
Source: 64 FR 3797, Jan. 25, 1999, unless otherwise noted.

Subpart A–General Provisions

Sec. 6.1 Purpose.

The purpose of this part is to implement the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that 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 Federal financial assistance. Section 109 does not directly prohibit discrimination on the bases of age or disability, and the regulations in this part 6 do not apply to age or disability discrimination in Title I programs. Instead, section 109 directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504) apply to programs or activities funded in whole or in part with Federal financial assistance. Thus, the regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs, apply to disability and age discrimination in Title I programs.

Sec. 6.2 Applicability.

(a) This part applies to any program or activity funded in whole or in part with funds under title I of the Housing and Community Development Act of 1974, including Community Development Block Grants–Entitlement, State and HUD-Administered Small Cities, and Section 108 Loan Guarantees; Urban Development Action Grants; Economic Development Initiative Grants; and Special Purpose Grants.

(b) The provisions of this part and sections 104(b)(2) and 109 of Title I that relate to discrimination on the basis of race shall not apply to the provision of Federal financial assistance by grantees under this title to the Hawaiian Homelands (42 U.S.C. 5309).

(c) The provisions of this part and sections 104(b)(2) and 109 of Title I that relate to discrimination on the basis of race and national origin shall not apply to the provision of Federal financial assistance to grant recipients under the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4101). See also, 24 CFR 1003.601(a).

Sec. 6.3 Definitions.

The terms Department, HUD, and Secretary are defined in 24 CFR part 5. Other terms used in this part 6 are defined as follows:

Act means the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301-5320).

Assistant Secretary means the Assistant Secretary for Fair Housing and Equal Opportunity.

Award Official means the HUD official who has been delegated the Secretary’s authority to implement a Title I funded program and to make grants under that program.

Complete complaint means a written statement that contains the complainant’s name and address, identifies the Recipient against which the complaint is made, and describes the Recipient’s alleged discriminatory action in sufficient detail to inform HUD of the nature and date of the alleged violation of section 109. It shall be signed by the complainant or by someone authorized to do so on his or her behalf.

Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.

Federal financial assistance means: (1) Any assistance made available under title I of the Housing and Community Development Act of 1974, as amended, and includes income generated from such assistance, and any grant, loan, contract, or any other arrangement, in the form of:

(i) Funds;

(ii) Services of Federal personnel; or

(iii) Real or personal property or any interest in or use of such property, including:

(A) Transfers or leases of the property for less than fair market value or for reduced consideration; and

(B) Proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government.

(2) Any assistance in the form of proceeds from loans guaranteed under section 108 of the Act, but does not include assistance made available through direct Federal procurement contracts or any other contract of insurance or guaranty.

Program or activity (funded in whole or in part) means all of the operations of–

(1)(i) A department, agency, special purpose district, or other instrumentality of a State or local government; or

(ii) The entity of a State or local government that distributes Federal financial assistance, and each department or agency (and each State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(i) A college, university, or other post-secondary institution, or a public system of higher education; or

(ii) A local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education or other school system;

(3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship–

(A) If assistance is extended to the corporation, partnership, private organization, or sole proprietorship as a whole; or

(B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(ii) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) Any other entity that is described in paragraphs (1), (2), or

(3) of this definition, any part of which is extended Federal financial assistance.

Recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision; any public or private agency, institution, organization, or other entity; or any individual, in any State, to whom Federal financial assistance is extended, directly or through another Recipient, for any program or activity, or who otherwise participates in carrying out such program or activity, including any successor, assign, or transferee thereof. Recipient does not include any ultimate beneficiary under any program or activity.

Responsible Official means the Assistant Secretary for Fair Housing and Equal Opportunity or his or her designee.

Section 109 means section 109 of the Housing and Community Development Act of 1974, as amended.

Title I means title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301-5321).

Sec. 6.4 Discrimination prohibited.

(a) Section 109 requires that no person in the United States shall 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 Federal financial assistance, on the grounds of race, color, national origin, religion, or sex.

(1) A Recipient under any program or activity to which this part applies may not, directly or through contractual, licensing, or other arrangements, take any of the following actions on the grounds of race, color, national origin, religion, or sex:

(i) Deny any individual any facilities, services, financial aid, or other benefits provided under the program or activity;

(ii) Provide any facilities, services, financial aid, or other benefits that are different, or are provided in a differentform, from that provided to others under the program or activity;

(iii) Subject an individual to segregated or separate treatment in any facility, or in any matter of process related to the receipt of any service or benefit under the program or activity;

(iv) Restrict an individual’s access to, or enjoyment of, any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity;

(v) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirements or conditions that the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity;

(vi) Deny an individual an opportunity to participate in a program or activity as an employee;

(vii) Aid or otherwise perpetuate discrimination against an individual by providing Federal financial assistance to an agency, organization, or person that discriminates in providing any housing, aid, benefit, or service;

(viii) Otherwise limit an individual in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by other individuals receiving the housing, aid, benefit, or service;

(ix) Use criteria or methods of administration that have the effect of subjecting persons to discrimination or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to persons of a particular race, color, national origin, religion, or sex; or

(x) Deny a person the opportunity to participate as a member of planning or advisory boards.

(2) In determining the site or location of housing, accommodations, or facilities, a Recipient may not make selections that have the effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination on the ground of race, color, national origin, religion, or sex. The Recipient may not make selections that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of section 109 and of this part 6.

(3)(i) In administering a program or activity in which the Recipient has discriminated on the grounds of race, color, national origin, religion or sex, the Recipient must take any necessary steps to overcome the effects of prior discrimination.

(ii) In the absence of discrimination, a Recipient, in administering a program or activity, may take any steps necessary to overcome the effects of conditions that resulted in limiting participation by persons of a particular race, color, national origin, religion, or sex.

(iii) After a finding of noncompliance, or after a Recipient has reasonable cause to believe that discrimination has occurred, a Recipient shall not be prohibited by this section from taking any action eligible under subpart C of 24 CFR part 570 to ameliorate an imbalance in benefits, services or facilities provided to any geographic area or specific group of persons within its jurisdiction, where the purpose of such action is to remedy discriminatory practices or usage.

(iv)(A) Notwithstanding anything to the contrary in this part, nothing contained in this section shall be construed to prohibit any Recipient from maintaining or constructing separate living facilities or restroom facilities for the different sexes in order to protect personal privacy or modesty concerns. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can, in the interest of personal privacy or modesty, only be performed by a member of the same sex as those receiving the services.

(B) Section 109 of the Act does not directly prohibit discrimination on the basis of age or disability, but directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 apply to Title I programs and activities. Accordingly, for programs or activities receiving Federal financial assistance, the regulations in this part 6 apply to discrimination on the bases of race, color, national origin, religion, orsex; the regulations at 24 CFR part 8 apply to discrimination on the basis of disability; and the regulations at 24 CFR part 146 apply to discrimination on the basis of age.

(b) [Reserved]

Sec. 6.5 Discrimination prohibited–employment.

(a) General. A Recipient may not, under any program or activity funded in whole or in part with Federal financial assistance, directly or through contractual agents or other arrangements including contracts and consultants, subject a person to discrimination in the terms and conditions of employment. Terms and conditions of employment include advertising, interviewing, selection, promotion, demotion, transfer, recruitment and advertising, layoff or termination, pay or other compensation, including benefits, and selection for training.

(b) Determination of compliance status. The Assistant Secretary will follow the procedures set forth in this part and 29 CFR part 1691 and look to the substantive guidelines and policy of the Equal Employment Opportunity Commission when reviewing employment practices under Section 109.

Sec. 6.6 Records to be maintained.

(a) General. Recipients shall maintain records and data as required by 24 CFR 91.105, 91.115, 570.490, and 570.506.(b) Employment. Recipients shall maintain records and data as required by the Equal Employment Opportunity Commission at 29 CFR part 1600.

(c) Recipients shall make available such records and any supporting documentation upon request of the Responsible Official.

(Approved by the Office of Management and Budget under control numbers 2506-0117 and 2506-0077.)

Subpart B–Enforcement

Sec. 6.10 Compliance information.

(a) Cooperation and assistance. The Responsible Official and the Award Official will provide assistance and guidance to Recipients to help them comply voluntarily with this part.

(b) Access to data and other sources of information. Each Recipient shall permit access by authorized representatives of HUD to its facilities, books, records, accounts, minutes and audio tapes of meetings, personnel, computer disks and tapes, and other sources of information as may be pertinent to a determination of whether the Recipient is complying with this part. Where information required of a Recipient is in the exclusive possession of any other agency, institution, or person, and that agency, institution, or person fails or refuses to furnish this information, the Recipient shall so certify in any requested report and shall set forth what efforts it has made to obtain the information. Failure or refusal to furnish pertinent information (whether maintained by the Recipient or some other agency, institution, or person) without a credible reason for the failure or refusal will be considered to be noncompliance under this part.

(c) Compliance data. Each Recipient shall keep records and submit to the Responsible Official, timely, complete, and accurate data at such times and in such form as the Responsible Official may determine to be necessary to ascertain whether the Recipient has complied or is complying with this part.

(d) Notification to employees, beneficiaries, and participants. Each Recipient shall make available to employees, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the program or activity under which the Recipient receives Federal financial assistance and make such information available to them in such manner as the Responsible Official finds necessary to apprise such persons of the protections against discrimination assured them by Section 109 and this part.

Sec. 6.11 Conduct of investigations.

(a) Filing a complaint–

(1) Who may file. Any person who believes that he or she has been subjected to discrimination prohibited by this part may file, or may have an authorized representative file on his or her behalf, a complaint with the Responsible Official. Any person who believes that any specific class of persons has been subjected to discrimination prohibited by this part and who is a member of thatclass or who is the authorized representative of a member of that class may file a complaint with the Responsible Official.

(2) Confidentiality. Generally, the Responsible Official shall hold in confidence the identity of any person submitting a complaint, unless the person submits written authorization otherwise. However, an exception to maintaining confidentiality of the identity of the person may be required to carry out the purposes of this part, including the conduct of any investigation, hearing, or proceeding under this part.

(3) When to file. Complaints shall be filed within 180 days of the alleged act of discrimination, unless the Responsible Official waives this time limit for good cause. For purposes of determining when a complaint is filed under this part, a complaint mailed to the Responsible Official via the U.S. Postal Service will be deemed filed on the date it is postmarked. A complaint delivered to the Responsible Official in any other manner will be deemed filed on the date it is received by the Responsible Official.

(4) Where to file complaints. Complaints must be in writing, signed, addressed to the Responsible Official, and filed with (mailed to or otherwise delivered to) the Office of Fair Housing and Equal Opportunity at any HUD Office.

(5) Content of complaints. Each complaint should contain the complainant’s name, address, and phone number; a description or name, if available, of the Recipient alleged to have violated this part; an address where the violation occurred; and a description of the Recipient’s alleged discriminatory action in sufficient detail to inform the Responsible Official of the nature and date of the alleged violation of this part.

(6) Amendments to complaints. Amendments to complaints, such as clarification and amplification of allegations in a complaint or the addition of other Recipients, may be made by the complainant or the complainant’s authorized representative at any time while the complaint is being considered, and any amendment shall be deemed to be made as of the original filing date.

(7) Notification. To the extent practicable, the Responsible Official will notify the complainant and the Recipient of the Responsible Official’s receipt of a complaint within 10 calendar days of receipt of a complete complaint. If the Responsible Official receives a complaint that is not complete, the Responsible Official will notify the complainant and specify the additional information that is needed to make the complaint complete. If the complainant fails to complete the complaint, the Responsible Official will close the complaint without prejudice and notify the complainant. When a complete complaint has been received, the Responsible Official, or his or her designee, will assess the complaint for acceptance, rejection, or referral to an appropriate Federal agency within 20 calendar days.

(8) Resolution of complaints. After the acceptance of a complete complaint, the Responsible Official will investigate the complaint, attempt informal resolution, and, if resolution is not achieved, the Responsible Official will notify the Recipient and complainant, to the extent practicable within 180 days of the receipt of the complete complaint, of the results of the investigation in a letter of findings sent by certified mail, return receipt requested, containing the following:

(i) Findings of fact and a finding of compliance or noncompliance;

(ii) A description of an appropriate remedy for each violation believed to exist; and

(iii) A notice of the right of the Recipient and the complainant to request a review of the letter of findings by the Responsible Official. A copy of the final investigative report will be made available upon request.

(b) Compliance reviews–

(1) Periodic compliance reviews. The Responsible Official may periodically review the practices of Recipients to determine whether they are complying with this part and may conduct on-site reviews. The Responsible Official will initiate an on-site review by sending to the Recipient a letter advising the Recipient of the practices to be reviewed; the programs affected by the review; and the opportunity, at any time before a final determination, to submit information that explains, validates, or otherwise addresses the practices under review. In addition, the Award Official will include, in normal program compliance reviews and monitoring procedures, appropriate actions to review and monitor compliance with general or specific program requirements designed to implement the requirements of this part.

(2) Time period of the review.

(i) For the Entitlement program, compliance reviews will cover the three years before the date of the review.

(ii) For the Urban Development Action Grant (UDAG) program, the compliance review is applicable only to UDAG loan repayments or other payments or revenues classified as program income. UDAG repayments or other payments or revenues classified as miscellaneous revenue are not subject to compliance review under this part. (See 24 CFR 570.500(a).) The compliance review will cover the time period that program income is being repaid.

(iii) For the State and HUD-Administered Small Cities programs, the compliance review will cover the four years before the date of the review.

(iv) For all other programs, the time period covered by the review will be four years before the date of the review.

(v) On a case-by-case basis, at the discretion of the Responsible Official, the above time frames for review can be expanded where facts or allegations warrant further investigation.

(3) Early compliance resolution. On the last day of the on-site visit, after the compliance review, the Recipient will be given an opportunity to supplement the record. Additionally, a prefinding conference may be held and a summary of the proposed findings may be presented to the Recipient. In those instances where the issue(s) cannot be resolved at a prefinding conference or with the supplemental information, a meeting will be scheduled to attempt a voluntary settlement.

(4) Notification of findings.

(i) The Assistant Secretary will notify the Recipient of Federal financial assistance of the results of the compliance review in a letter of findings sent by certified mail, return receipt requested.

(ii) Letter of findings. The letter of findings will include the findings of fact and the conclusions of law; a description of a remedy for each violation found; and a notice that a copy of HUD’s final report concerning its compliance review will be made available, upon request, to the Recipient.

(c) Right to a review of the letter of findings.

(1) Within 30 days of receipt of the letter of findings, any party may request that a review be made of the letter of findings, by mailing or delivering to the Responsible Official, Room 5100, Office of Fair Housing and Equal Opportunity, HUD, Washington, DC 20410, a written statement of the reasons why the letter of findings should be modified.

(2) The Responsible Official will send by certified mail, return receipt requested, a copy of the request for review to all parties. Parties other than the party requesting review and HUD shall have 20 days from receipt to respond to the request for review.

(3) The Responsible Official will either sustain or modify the letter of findings or require that further investigation be conducted, within 60 days of the request for review. The Responsible Official’s decision shall constitute the formal determination of compliance or noncompliance.

(4) If no party requests that the letter of findings be reviewed, the Responsible Official, within 14 calendar days of the expiration of the time period in paragraph (a)(9)(i) of this section, will send a formal written determination of compliance or noncompliance to all parties.

(d) Voluntary compliance time limits. The Recipient will have 10 calendar days from receipt of the letter of findings of noncompliance, or such other reasonable time as specified in the letter, within which to agree, in writing, to come into voluntary compliance or to contact the Responsible Official for settlement discussions. If the Recipient fails to meet this deadline, HUD will proceed in accordance with Secs. 6.12 and 6.13.

(e) Informal resolution/voluntary compliance–

(1) General. It is the policy of HUD to encourage the informal resolution of matters. A complaint or a compliance review may be resolved by informal means at any time. If a letter of findings is issued, and the letter makes a finding of noncompliance, the Responsible Official will attempt to resolve the matter through a voluntary compliance agreement.

(2) Objectives of informal resolution/voluntary compliance. In attempting informal resolution, the Responsible Official will attempt to achieve a just resolution of the matter and to obtain assurances, where appropriate, that the Recipient will satisfactorily remedy any violations of the rights of any complainant, and will take such action as will assure the elimination of any violation of this part or the prevention of the occurrence of such violation in the future. If a finding of noncompliance has been made, the terms of such an informal resolution shall be reduced to a written voluntary compliance agreement, signed by the Recipient and the Responsible Official, and be made part of the file. Such voluntary compliance agreements shall seek to protect the interests of the complainant (if any), other persons similarly situated, and the public.

(3) Right to file a private civil action. At any time in the process, the complainant has the right to file a private civil action. If the complainant does so, the Responsible Official has the discretion to administratively close the investigation or continue the investigation, if he or she decides that it is in the best interests of the Department to do so. If the Responsible Official makes a finding of noncompliance and an agreement to voluntarily comply is not obtained from the Recipient, the procedures at Secs. 6.12 and 6.13 for effecting compliance shall be followed.

(f) Intimidatory or retaliatory acts prohibited. No Recipient or other person shall intimidate, threaten, coerce, or discriminate against any person for the purpose of interfering with any right or privilege secured by this part, or because he or she has made a complaint, testified, assisted, or participated in any manner in an investigation, compliance review, proceeding, or hearing under this part.

Sec. 6.12 Procedure for effecting compliance.

(a) Whenever the Assistant Secretary determines that a Recipient of Federal financial assistance has failed to comply with Section 109(a) or this part and voluntary compliance efforts have failed, the Secretary will notify the Governor of the State or the Chief Executive Officer of the unit of general local government of the findings of noncompliance and will request that the Governor or the Chief Executive Officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the Governor or the Chief Executive Officer fails or refuses to secure compliance, the Secretary will:

(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;

(3) Terminate or reduce payments under Title I, or limit the availability of payments under Title I to programs or activities not affected by the failure to comply; or

(4) Take such other actions as may be provided by law, including but not limited to, the initiation of proceedings under 24 CFR part 24 or any applicable proceeding under State or local law.

(b) Termination, reduction, or limitation of the availability of Title I payments. No order terminating, reducing, or limiting the availability of Title I payments under this part shall become effective until:

(1) The Secretary has notified the Governor of the State or the Chief Executive Officer of the unit of general local government of the Recipient’s failure to comply in accordance with paragraph (a) of this section and of the termination, reduction or limitation of the availability of Title I payments to be taken;

(2) The Secretary has determined that compliance cannot be secured by voluntary means;

(3) The Recipient has been extended an opportunity for a hearing in accordance with Sec. 6.13(a); and

(4) A final agency notice or decision has been rendered in accordance with paragraph (c) of this section or 24 CFR part 180.

(c) If a Recipient does not respond to the notice of opportunity for a hearing or does not elect to proceed with a hearing within 20 days of the issuance of the Secretary’s actions listed in paragraphs (b)(1), (2) and (3) of this section, then the Secretary’s approval of the termination, reduction or limitation of the availability of Title I payments is considered a final agency notice and the Recipient may seek judicial review in accordance with section 111(c) of the Act.

Sec. 6.13 Hearings and appeals.

(a) When a Recipient requests an opportunity for a hearing, in accordance with Sec. 6.12(b)(3), the General Counsel will follow the notification procedures set forth in 24 CFR 180.415. The hearing, and any petition for review, will be conducted in accordance with the procedures set forth in 24 CFR part 180.

(b) After a hearing is held and a final agency decision is rendered under 24 CFR part 180, the Recipient may seek judicial review in accordance with section 111(c) of the Act.

(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the United States, as defined in section 706 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Development Disabilities Act of 1978. Copies of any proposed regulations shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date of which such regulation is so submitted to such committees.

(b) “Program or activity” defined

For the purposes of this section, the term “program or activity” means all of the operations of –

(1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(A) a college, university, or other post secondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 8801 of Title 20),system of vocational education, or other school system;

(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship –

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship;or

(4) any other entity which is established by two or more of the entities described in paragraph (l), (2) or (3); any part of which is extended Federal financial assistance.

(c) Significant structural alterations by small providers

Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services is available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.

(d) Standards used in determining violation of section

The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504,and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204and 12210), as such sections related to employment.

Title VII of the Civil Rights Act was passed one year after the EPA, and expanded workers’ rights with respect to discrimination in the workplace. While the EPA only addressed pay discrimination between men and women, Title VII prohibits all forms of employment discrimination (for promotions, hiring, firing, wages, etc. ) based on race, religion, national origin and gender.

The requirements for filing and the remedies provided by the EPA and Title VII differ (more on this below), so if you are considering filing under either the EPA or Title VII, or both, you should contact an attorney with whom you can discuss the facts of your case.

The Equal Pay Act

The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions. The EPA governs the conduct of all employers–federal, state, and local governments as well as private employers.

Proving a Claim

To bring a claim under the EPA, the employee must show that:

1. a man and a woman;
2. working at the same place; and
3. doing the substantially the same job (equal work) and receiving unequal pay.

It is the filing employee’s burden to prove these requirements. The third element is obviously the most difficult to prove and will be covered below.

Once the employee proves her case, the burden of proof then shifts to the employer to disprove any of the three elements. Employers can justify a pay differential by proving the pay difference is the result of:

1. a seniority system;
2. a merit system;
3. a system which measures quantity or quality of work; or
4. any reason other than gender.

What Qualifies as Equal Work?

The job in question does not have to be identical, but rather needs to be substantially the same. Job descriptions and titles are irrelevant, what counts is the actual work being done. Under the EPA, two jobs are considered equal when they require equal levels of 1) skill, 2) effort, and 3) responsibility, and are performed under similar working conditions at the same worksite (generally).

While there is room for interpretation (and argument in litigation, obviously), this means that minor differences in skill, effort or responsibility will be disregarded and the jobs will generally still be considered the same. If one employee has extra skills or duties deemed important, however, it is legal for the employer to pay that employee more than a counterpart. If, on the other hand, employers consistently favor one gender in doling out these extra duties (and therefore, extra compensation), courts will look at these situations unfavorably.

How is Equal Pay Defined?

The EPA only requires that employees be paid at the same rate. Total compensation may be different based on productivity or quality of work.

In addition to equal wages, the EPA requires equal distribution of employment benefits such as health insurance, pensions, flex spending accounts, vacation time, bonuses, and any other fringe benefits.

Procedures for Filing an EPA Claim

EPA claims do not need to be filed with the Equal Employment Opportunity Commission (EEOC), unlike claims under Title VII (more below), but a provisional claim should be filed with the EEOC so that remedies under Title VII are not lost.

The statute of limitations for filing an EPA claim is two years for non-willful violations and three years for willful violations.

Title VII of the Civil Rights Act

Title VII is a broad anti-employment discrimination law which bars all forms of discrimination in the workplace – including gender, race, national origin and religion – in the hiring, firing promotion, and pay of employees. Title VII covers only employers who have employed 15 or more employees for at least 20 weeks in the previous and current calendar year.

Because Title VII is broader and encompasses the gender wage discrimination of the EPA, there are a great deal of crossover claims. A quick example: A female employee, who is Jewish, works at a car rental agency where females, who do the same job as their male counterparts, are paid $2 less per hour. Additionally, the company allows her Christian coworkers to observe Christmas at work, but she is not allowed to observe Hannukah. She would have an EPA claim for the gender wage discrimination and a Title VII claim for the gender wage discrimination and as well as for religious discrimination.

Procedures for Filing a Title VII Claim

Under Title VII, you must first file a complaint with the Equal Employment Opportunity Commission and the EEOC must grant you a “right to sue” letter before you can sue your employer in federal court.

You must file a Title VII claim within 180 days of the receipt of a paycheck which reflects the gender wage discrimination. This is the result of the Lily Ledbetter Fair Pay Act of 2009, which was the first piece of legislation signed into law by President Obama. This law supercedes a Supreme Court case which had ruled that the statute of limitations on a Title VII claim had to be filed within 180 days of the first agreement on pay rate between the employer and employee.

Filing EPA Claims vs. Title VII Claims

Where both the EPA and Title VII claims overlap, there are advantages and potential disadvantages to both.

Factors in favor of filing under the EPA:

1. no need to wait to file a complaint with the EEOC
2. if you work for a company with fewer than 15 employees you can sue under the EPA
3. EPA claims, unlike Title VII claims, do not need to prove the discrimination was intentional. Proving intent is difficult and makes EPA claims easier to win in court.
4. longer statute of limitations–two or three years (depending on whether the discrimination was willful or not) for EPA claims and 180 days for Title VII claims

Factors in favor of filing under Title VII:

1. the biggest advantage is you can win more money–not only can you recover lost wages, but you can seek money for pain and suffering.

Whether you choose to file under the EPA or Title VII, or both, you should be aware of the requirements for each, as well as the statutes of limitation. To investigate equal pay and gender discrimination issues, go to www.eeoc.gov as well as local and state fair employment agencies.

Until recently, teachers and administrators often brushed off student harassment with an “eh, it’s just kids being kids” attitude. After repeatedly being ignored regarding their daughter’s complaints about being sexually harassed at school, however, a girl’s parents finally got the attention of the Supreme Court. In Davis v. Monroe County Board of Education, the court held that obvious sexual harassment that is serious enough to affect a child’s grades or make a child too afraid to enter certain places in the school denies that student her right to equal protection in school programs under Title IX.

If a parent brings a case against a school and win, they can force the school district to act to protect their child from sexual harassment. She will probably even be compensated for damages she suffered, resulting from the school’s failure to take appropriate action.

Title IX overview

Title IX was originally enacted to prevent publicly funded schools from engaging in discrimination based on sex. Many people know about Title IX because of its positive effects on the advancement of women’s athletics. It also shows up in employment law by protecting employees from sex discrimination in decisions regarding hiring, tenure, salary, and promotions. Because After Davis, the Supreme Court has now extended the scope of Title IX to protect students against student-to-student sexual harassment.

The circumstances that led up to the ruling

There has not yet been a trial on the Davises claim. The Supreme Court simply said that Title IX applies to situations like the Davises. So, what led up to this ruling?

The Plaintiff’s eleven-year old daughter had always been an excellent student. She made good grades, was relatively active, and seemed like an overall happy child. Then, she began to complain about a boy harassing her. She told her parents that the boy made crude comments to her about wanting to get into bed with her; would rub up against her in the hallway; touched her breasts and genital area; and chased her. This didn’t just happen all in one day. These types of behaviors were repeated day after day.

The girl made complaints to her teachers who just brushed off the issue of sexual harassment at school, without saying anything to the boy. Even her mother got involved, calling the teachers and the principal to no avail. The principal did not investigate, but instead asked the mother why none of the other children had made complaints.

It wasn’t until the mother had been complaining for three months that she was able to even get her daughter’s seat changed so that she and the boy were not sitting next to each other in class. This little girl was not the only one who was ignored. When a group of other students addressed their harassment complaints to a teacher, the teacher would not even let them go speak to the principal.

Perhaps, the teachers of the school did not know what to do. After all, there was no training or protocol on how to handle sexual harassment at school. The school district did not even have a policy guiding teachers on what to do in such cases. Eventually, the little girl grew depressed. She dreaded going to school, feared going into the gym or bathroom at school, and refused to participate in school activities. Her once excellent grades dropped tremendously. She even wrote a suicide note.

Harassment verses school-yard bullying

It is true that being teased is a normal part of growing up. Sexual harassment at school is different, however. It is important that both teachers and parents know how to make the distinction.

Sexual harassment refers to repetitive unwanted sexual advances. The school district is liable for violating Title IX if it fails to take reasonable action against serious, long-term student-to-student sexual harassment that the school employees knew about. The Supreme Court insisted on making this distinction in order to protect school districts from becoming liable for typical school-yard bullying. Occasional name-calling, pushing and shoving, and physical fights are not instances that would constitute a Title IX violation.

Instead, the Supreme Court is more interested in protecting students from continuous and offensive behavior that interferes with the students’ participation in their school lives. This can include things like aggressive sexual remarks made daily; behavior or threats that prevent students from using part of the school building; a pattern of repeated threats, abusive touching, or chasing; and abusive harassment of students identified as gay, whether they actually are or not.

The Supreme Court has interpreted Title IX in such a way that it is actually easy for school districts to stay out of trouble. As long as, when a complaint is lodged, the school complies with the law by making reasonable efforts to stop the harassment, the school is probably not liable — even if the harassment continues.

Tips for parents of kids who suffer from sexual harassment at school

If you think your child is experiencing sexual harassment at school you should first ask them about what is going on. Get as many details as possible: who is involved; what they are doing; when and how often; and where. Ask if your child has told any authority figure and what that figure did or said. Be sure to get a copy of the school’s sexual harassment policy and find out if the school faculty is familiar with the policy. Then, talk to the appropriate faculty member with the policy in hand, and insist that the policy be followed.

If you are not taken seriously, or no action is taken, go to the principal. When you go to the principal, have a written report of everything that has happened, including what the particular faculty member did or did not do. Emphasize the fact that the sexual harassment is interfering with your student’s school work. Close the report with a demand for prompt and corrective action.

Sample letter:

Dear Principal Smith,

My daughter, Sierra, is in Mr. Taylor’s 5th grade class and has expressed to me that she is suffering from sexual harassment at school. Apparently, another student in her class has been harassing her with sexually inappropriate conduct. I would rather wait and tell you his name in private. The specific acts of harassment he has engaged in include:

• Threatening to rape her
• Chasing her down the hallways
• Spying on her in the bathroom
• Sending her sexually obscene notes
• Telling her friends that he wants to “prong” her

This extremely inappropriate conduct began in September of this year. Sierra has repeatedly insisted that the boy stop and has even, numerous times, told Mr. Taylor, who does nothing. The student even sits next to Sierra in class, and Mr. Taylor refuses to allow Sierra to move seats.

This sexual harassment at school has seriously affected my daughter’s ability to perform at school. She never wants to go to school, or participate in sports or music. As you may know, she has been on the honor roll consistently since the first grade. Her grades have slipped to a “C” average. Most upsetting, she has fallen into a sad and moody state. I am deeply concerned for her.

I am leaving this note to notify you that I would like to meet with you at your earliest convenience. I would like to discuss with you what disciplinary action you plan to take to alleviate the harassment. I can be reached on my cell phone at 555-5252.

Sincerely,

Concerned Parent

What to do if the principal does nothing

If you still do not get anywhere, start moving up the ladder. Go to the school superintendent. Address this the same way you approached your principal. Write it all down in a letter, but talk to the superintendent directly. Insist that the superintendent take immediate action to alleviate the problem.

In case that still gets you nowhere, go to the school board. You may want to bring members of the PTA with you to emphasize the safety concern for all of the children. Keep in mind the nature of a sexual harassment claim against a child, and be sensitive to that. You don’t want to appear as though you are attacking or defaming the child. Informing the personnel of the details of the problem is enough. You can leave names out of it until it is asked of you.

Other personnel appropriate to contact include the state board of education, your local government representative, or even the local paper. It is important to remember however, if you contact the paper, to leave names out in order to avoid a defamation suit.

How schools should approach sexual harassment at school

Schools should compose and print a handbook that includes

• A clear sexual harassment at school policy
• Rules and remedies
• What kinds of behaviors constitute sexual harassment
• A statement to students that sexual harassment is illegal and will not be tolerated
• A statement that will help kids understand what to do if they suffer from sexual harassment at school

If your child’s school does not have a sexual harassment policy in place, insist that they draft one. You could even offer to get a group of parents, teachers, and students together to form the policy. Once it is drafted, the school needs to make a commitment to continuously educate the faculty and students on the policy to ensure it is enforced and to help everyone understand what sexual harassment is and is not.

MINIMUM WAGE

SEC. 206. [Section 6]

(d) (1) No employer having employees subject to any provisions of this
section shall discriminate, within any establishment in which such

employees are employed, between employees on the basis of sex by paying
wages to employees in such establishment at a rate less than the rate at
which he pays wages to employees of the opposite sex in such establishment
for equal work on jobs the performance of which requires equal skill,
effort, and responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (i) a seniority
system; (ii) a merit system; (iii) a system which measures earnings by
quantity or quality of production; or (iv) a differential based on any
other factor other than sex: Provided, That an employer who is
paying a wage rate differential in violation of this subsection shall not,
in order to comply with the provisions of this subsection, reduce the wage
rate of any employee.

(2) No labor organization, or its agents, representing employees of
an employer having employees subject to any provisions of this section
shall cause or attempt to cause such an employer to discriminate against
an employee in violation of paragraph (1) of this subsection.

(3) For purposes of administration and enforcement, any amounts
owing to any employee which have been withheld in violation of this
subsection shall be deemed to be unpaid minimum wages or unpaid overtime
compensation under this chapter.

(4) As used in this subsection, the term “labor organization”
means any organization of any kind, or any agency or employee
representation committee or plan, in which employees participate and which
exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work.

____________________________________________________________________

ADDITIONAL PROVISIONS OF EQUAL PAY ACT OF 1963

An Act

To prohibit discrimination on account of sex in the payment of wages by
employers engaged in commerce or in the production of goods for commerce.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as the
“Equal Pay Act of 1963.”

***

DECLARATION OF PURPOSE

Not Reprinted in U.S. Code [Section 2]

(a) The Congress hereby finds that the existence in industries engaged
in commerce or in the production of goods for commerce of wage
differentials based on sex-

(1) depresses wages and living standards for employees necessary
for their health and efficiency;

(2) prevents the maximum utilization of the available labor
resources;

(3) tends to cause labor disputes, thereby burdening, affecting,
and obstructing commerce;

(4) burdens commerce and the free flow of goods in commerce; and

(5) constitutes an unfair method of competition.

(b) It is hereby declared to be the policy of this Act, through exercise
by Congress of its power to regulate commerce among the several States and
with foreign nations, to correct the conditions above referred to in such
industries.

[Section 3 of the Equal Pay Act of 1963 amends section 6 of the Fair
Labor Standards Act by adding a new subsection (d). The amendment is
incorporated in the revised text of the Fair Labor Standards Act.]

EFFECTIVE DATE

Not Reprinted in U.S. Code [Section 4]

The amendments made by this Act shall take effect upon the expiration
of one year from the date of its enactment: Provided, That in case of
employees covered by a bona fide collective bargaining agreement in effect
at least thirty days prior to the date of enactment of this Act, entered
into by a labor organization (as defined in section 6(d)(4) of the Fair
Labor Standards Act of 1938, as amended), the amendments made by this Act
shall take effect upon the termination of such collective bargaining
agreement or upon the expiration of two years from the date of enactment
of this Act, whichever shall first occur.

Approved June 10, 1963, 12 m.

[In the following excerpts from the Fair Labor Standards Act of 1938,
as amended, authority given to the Secretary of Labor is exercised by the
Equal Employment Opportunity Commission for purposes of enforcing the
Equal Pay Act of 1963.]

ATTENDANCE OF WITNESSES

SEC. 209 [Section 9]

For the purpose of any hearing or investigation provided for in this
chapter, the provisions of sections 49 and 50 of title 15 [sections 9
and 10] (relating to the attendance of witnesses and the production of
books, papers, and documents), of the Federal Trade Commission Act of
September 16, 1914, as amended (U.S.C., 1934 edition, title 15, secs. 49
and 50), are made applicable to the jurisdiction, powers, and duties of
the Administrator, the Secretary of Labor, and the industry committees.

INVESTIGATIONS, INSPECTIONS, RECORDS, AND HOMEWORK REGULATIONS

SEC. 211 [Section 11]

(a) The Administrator or his designated representatives may
investigate and gather data regarding the wages, hours, and other
conditions and practices of employment in any industry subject to this
chapter, and may enter and inspect such places and such records (and make
such transcriptions thereof), question such employees, and investigate
such facts, conditions, practices, or matters as he may deem necessary or
appropriate to determine whether any person has violated any provision of
this chapter, or which may aid in the enforcement of the provisions of
this chapter. Except as provided in section 212 [section 12] of
this title and in subsection (b) of this section, the Administrator shall
utilize the bureaus and divisions of the Department of Labor for all the
investigations and inspections necessary under this section. Except as
provided in section 212 [section 12], the Administrator shall bring
all actions under section 217 [section 17] of this title to
restrain violations of this chapter.

(b) With the consent and cooperation of State agencies charged with the
administration of State labor laws, the Administrator and the Secretary of
Labor may, for the purpose of carrying out their respective functions and
duties under this chapter, utilize the services of State and local
agencies and their employees and, notwithstanding any other provision of
law, may reimburse such State and local agencies and their employees for
services rendered for such purposes.

(c) Every employer subject to any provision of this chapter or of any
order issued under this chapter shall make, keep, and preserve such
records of the persons employed by him and of the wages, hours, and other
conditions and practices of employment maintained by him, and shall
preserve such records for such periods of time, and shall make such
reports therefrom to the Administrator as he shall prescribe by regulation
or order as necessary or appropriate for the enforcement of the provisions
of this chapter or the regulations or orders thereunder. The employer of
an employee who performs substitute work described in section 207(p)(3)
[section 7(p)(3)] of this title may not be required under this
subsection to keep a record of the hours of the substitute work.

(d) The Administrator is authorized to make such regulations and orders
regulating, restricting, or prohibiting industrial homework as are
necessary or appropriate to prevent the circumvention or evasion of and to
safeguard the minimum wage rate prescribed in this chapter, and all
existing regulations or orders of the Administrator relating to industrial
homework are continued in full force and effect.

EXEMPTIONS

SEC. 213 [Section 13]

(a) The provisions of sections 206 [section 6] (except
subsection (d) in the case of paragraph (1) of this subsection) and
section 207 [section 7] shall not apply with respect to-

(1) any employee employed in a bona fide executive, administrative,
or professional capacity (including any employee employed in the capacity
of academic administrative personnel or teacher in elementary or secondary
schools), or in the capacity of outside salesman (as such terms are
defined and delimited from time to time by regulations of the Secretary,
subject to the provisions of subchapter II of chapter 5 of title 5 [the
Administrative Procedure Act], except that an employee of a retail or
service establishment shall not be excluded from the definition of
employee employed in a bona fide executive or administrative capacity
because of the number of hours in his workweek which he devotes to
activities not directly or closely related to the performance of executive
or administrative activities, if less than 40 per centum of his hours
worked in the workweek are devoted to such activities); or

(2) *** (Repealed)

[Note: Section 13(a)(2) (relating to employees employed by a retail or
service establishment) was repealed by Pub. L. 101-157, section 3(c)(1),
November 17, 1989.]

(3) any employee employed by an establishment which is an amusement
or recreational establishment, organized camp, or religious or non-profit
educational conference center, if (A) it does not operate for more than
seven months in any calendar year, or (B) during the preceding calendar
year, its average receipts for any six months of such year were not more
than 33 1/3 per centum of its average receipts for the other six months of
such year, except that the exemption from sections 206 and 207
[sections 6 and 7] of this title provided by this paragraph does
not apply with respect to any employee of a private entity engaged in
providing services or facilities (other than, in the case of the exemption
from section 206 [section 6], a private entity engaged in providing
services and facilities directly related to skiing) in a national park or
a national forest, or on land in the National Wildlife Refuge System,
under a contract with the Secretary of the Interior or the Secretary of
Agriculture; or

(4) *** (Repealed)

[Note: Section 13(a)(4) (relating to employees employed by an
establishment which qualified as an exempt retail establishment) was
repealed by Pub. L. 101-157, Section 3(c)(1), November 17, 1989.]

(5) any employee employed in the catching, taking, propagating,
harvesting, cultivating, or farming of any kind of fish, shellfish,
crustacea, sponges, seaweeds, or other aquatic forms of animal and
vegetable life, or in the first processing, canning or packing such marine
products at sea as an incident to, or in conjunction with, such fishing
operations, including the going to and returning from work and loading and
unloading when performed by any such employee; or

(6) any employee employed in agriculture (A) if such employee is
employed by an employer who did not, during any calendar quarter during
the preceding calendar year, use more than five hundred man-days or
agricultural labor, (B) if such employee is the parent, spouse, child, or
other member of his employer’s immediate family, (C) if such employee (i)
is employed as a hand harvest laborer and is paid on a piece rate basis in
an operation which has been, and is customarily and generally recognized
as having been, paid on a piece rate basis in the region of employment,
(ii) commutes daily from his permanent residence to the farm on which he
is so employed, and (iii) has been employed in agriculture less than
thirteen weeks during the preceding calendar year, (D) if such employee
(other than an employee described in clause (C) of this subsection) (i) is
sixteen years of age or under and is employed as a hand harvest laborer,
is paid on a piece rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid on a piece rate
basis in the region of employment, (ii) is employed on the same farm as
his parent or person standing in the place of his parent, and (iii) is
paid at the same piece rate as employees over age sixteen are paid on the
same farm, or (E) if such employee is principally engaged in the range
production of livestock; or

(7) any employee to the extent that such employee is exempted by
regulations, order, or certificate of the Secretary issued under section
214 [section 14] of this title; or

(8) any employee employed in connection with the publication of any
weekly, semiweekly, or daily newspaper with a circulation of less than
four thousand the major part of which circulation is within the county
where published or counties contiguous thereto; or

(9) *** (Repealed)

[Note: Section 13(a)(9) (relating to motion picture theater employees)
was repealed by section 23 of the Fair Labor Standards Amendments of 1974.
The 1974 amendments created an exemption for such employees from the
overtime provisions only in section 13(b)27.]

(10) any switchboard operator employed by an independently owned
public telephone company which has not more than seven hundred and fifty
stations; or

(11) *** (Repealed)

[Note: Section 13(a)(11) (relating to telegraph agency employees) was
repealed by section 10 of the Fair Labor Standards Amendments of 1974.
The 1974 amendments created an exemption from the overtime provisions only
in section 13(b)(23), which was repealed effective May 1, 1976.]

(12) any employee employed as a seaman on a vessel other than an
American vessel; or

(13) *** (Repealed)

[Note: Section 13(a)(13) (relating to small logging crews) was repealed
by section 23 of the Fair Labor Standards Amendments of 1974. The 1974
amendments created an exemption for such employees from the overtime
provisions only in section 13(b)(28)]

(14) *** (Repealed)

[Note: Section 13(a)(14) (relating to employees employed in growing and
harvesting of shade grown tobacco) was repealed by section 9 of the Fair
Labor Standards Amendments of 1974. The 1974 amendments created an
exemption for certain tobacco producing employees from the overtime
provisions only in section 13(b)(22). The section 13(b)(22) exemption was
repealed, effective January 1, 1978, by section 5 of the Fair Labor
Standards Amendments of 1977.]

(15) any employee employed on a casual basis in domestic service
employment to provide babysitting services or any employee employed in
domestic service employment to provide companionship services for
individuals who (because of age or infirmity) are unable to care for
themselves (as such terms are defined and delimited by regulations of the
Secretary).

***

(g) The exemption from section 206 [section 6] of this title
provided by paragraph (6) of subsection (a) of this section shall not
apply with respect to any employee employed by an establishment (1) which
controls, is controlled by, or is under common control with, another
establishment the activities of which are not related for a common
business purpose to, but materially support the activities of the
establishment employing such employee; and (2) whose annual gross volume
of sales made or business done, when combined with the annual gross volume
of sales made or business done by each establishment which controls, is
controlled by, or is under common control with, the establishment
employing such employee, exceeds $10,000,000 (exclusive of excise taxes at
the retail level which are separately stated).

PROHIBITED ACTS

SEC. 215 [Section 15]

(a) After the expiration of one hundred and twenty days from June 25,
1938 [the date of enactment of this Act], it shall be unlawful for
any person-

(1) to transport, offer for transportation, ship, deliver, or sell
in commerce, or to ship, deliver, or sell with knowledge that shipment or
delivery or sale thereof in commerce is intended, any goods in the
production of which any employee was employed in violation of section 206
[section 6] or section 207 [section 7] of this title, or in
violation of any regulation or order of the Secretary issued under section
214 [section 14] of this title, except that no provision of this
chapter shall impose any liability upon any common carrier for the
transportation in commerce in the regular course of its business of any
goods not produced by such common carrier, and no provision of this
chapter shall excuse any common carrier from its obligation to accept any
goods for transportation; and except that any such transportation, offer,
shipment, delivery, or sale of such goods by a purchaser who acquired them
in good faith in reliance on written assurance from the producer that the
goods were produced in compliance with the requirements of this chapter,
and who acquired such goods for value without notice of any such
violation, shall not be deemed unlawful;

(2) to violate any of the provisions of section 206 [section
6] or section 207 [section 7] of this title, on any of the
provisions of any regulation or order of the Secretary issued under
section 214 [section 14] of this title;

(3) to discharge or in any other manner discriminate against any
employee because such employee has filed any complaint or instituted or
caused to be instituted any proceeding under or related to this chapter,
or has testified or is about to testify in any such proceeding, or has
served or is about to serve on an industry committee;

(4) to violate any of the provisions of section 212 [section
12] of this title;

(5) to violate any of the provisions of section 211(c) [section
11(c)] of this title, or any regulation or order made or continued in
effect under the provisions of section 211(d) [section 11(d)] of
this title, or to make any statement, report, or record filed or kept
pursuant to the provisions of such section or of any regulation or order
thereunder, knowing such statement, report, or record to be false in a
material respect.

(b) For the purpose of subsection (a)(1) of this section proof that any
employee was employed in any place of employment where goods shipped or
sold in commerce were produced, within ninety days prior to the removal of
the goods from such place of employment, shall be prima facie evidence
that such employee was engaged in the production of such goods.

PENALTIES

SEC. 216 [Section 16]

(a) Any person who willfully violates any of the provisions of section
215 [section 15] of this title shall upon conviction thereof be
subject to a fine of not more than $10,000, or to imprisonment for not
more than six months, or both. No person shall be imprisoned under this
subsection except for an offense committed after the conviction of such
person for a prior offense under this subsection.

(b) Any employer who violates the provisions of section 206 [section
6] or section 207 [section 7] of this title shall be liable to
the employee or employees affected in the amount of their unpaid minimum
wages, or their unpaid overtime compensation, as the case may be, and in
an additional equal amount as liquidated damages. Any employer who
violates the provisions of section 215(a)(3) [section 15(a)(3)] of
this title shall be liable for such legal or equitable relief as may be
appropriate to effectuate the purposes of section 215(a)(3) [section
15(a)(3)], including without limitation employment, reinstatement,
promotion, and the payment of wages lost and an additional equal amount as
liquidated damages. An action to recover the liability prescribed in
either of the preceding sentences may be maintained against any employer
(including a public agency) in an Federal or State court of competent
jurisdiction by any one or more employees for and in behalf of himself or
themselves and other employees similarly situated. No employee shall be
a party plaintiff to any such action unless he gives his consent in
writing to become such a party and such consent is filed in the court in
which such action is brought. The court in such action shall, in
addition to any judgment awarded to the plaintiff or plaintiffs, allow a
reasonable attorney’s fee to be paid by the defendant, and costs of the
action. The right provided by this subsection to bring an action by or on
behalf of any employee, and the right of any employee to become a party
plaintiff to any such action, shall terminate upon the filing of a
complaint by the Secretary of Labor in an action under section 217
[section 17] in which (1) restraint is sought of any further delay
in the payment of unpaid minimum wages, or the amount of unpaid overtime
compensation as the case may be, owing to such employee under section 206
[section 6] or section 207 [section 7] of this title by an
employer liable therefore under the provisions of this subsection or (2)
legal or equitable relief is sought as a result of alleged violations of
section 215(a)(3) [section 15(a)(3)] of this title.

(c) The Secretary is authorized to supervise the payment of the unpaid
minimum wages or the unpaid overtime compensation owing to any employee or
employees under section 206 [section 6] or section 207 [section
7] of this title, and the agreement of any employee to accept such
payment shall upon payment in full constitute a waiver by such employee of
any right he may have under subsection (b) of this section to such unpaid
minimum wages or unpaid overtime compensation and an additional equal
amount as liquidated damages. The Secretary may bring an action in any
court of competent jurisdiction to recover the amount of the unpaid
minimum wages or overtime compensation and an equal amount as liquidated
damages. The right provided by subsection (b) to bring an action by or on
behalf of any employee to recover the liability specified in the first
sentence of such subsection and of any employee to become a party
plaintiff to any such action shall terminate upon the filing of a
complaint by the Secretary in an action under this subsection in which a
recovery is sought of unpaid minimum wages or unpaid overtime compensation
under sections 206 and 207 [sections 6 and 7] of this title or
liquidated or other damages provided by this subsection owing to such
employee by an employer liable under the provisions of subsection (b) of
this section, unless such action is dismissed without prejudice on motion
of the Secretary. Any sums thus recovered by the Secretary of Labor on
behalf of an employee pursuant to this subsection shall be held in a
special deposit account and shall be paid on order of the Secretary of
Labor, directly to the employee or employees affected. Any such sums not
paid to an employee because of inability to do so within a period of three
years shall be covered into the Treasury of the United States as
miscellaneous receipts. In determining when an action is commenced by the
Secretary of Labor under this subsection for the purposes of the statutes
of limitations provided in section 255(a) of this title [section 6(a)
of the Portal-to-Portal Act of 1947], it shall be considered to be
commenced in the case of any individual claimant on the date when the
complaint is filed if he is specifically named as a party plaintiff in the
complaint, or if his name did not so appear, on the subsequent date on
which his name is added as a party plaintiff in such action.

(d) In any action or proceeding commenced prior to, on, or after August 8,
1956 [the date of enactment of this subsection], no employer shall
be subject to any liability or punishment under this chapter or the
Portal-to-Portal Act of 1947 [29 U.S.C. 251 et seq.] or on account
of his failure to comply with any provision or provisions or such Act (1)
with respect to work heretofore or hereafter performed in a work place to
which the exemption in section 213(f) [section 13(f)] is
applicable, (2) with respect to work performed in Guam, the Canal Zone or
Wake Island before the effective date of this amendment of subsection (d),
or (3) with respect to work performed in a possession named in section
206(a)(3) [section 6(a)(3)] of this title at any time prior to the
establishment by the Secretary, as provided therein, of a minimum wage
rate applicable to such work.

(e) Any person who violates the provisions of section 212 of this title,
relating to child labor, or any regulation issued under that section,
shall be subject to a civil penalty of not to exceed $10,000 for each
employee who was the subject of such a violation. Any person who
repeatedly or willfully violates section 206 or 207 of this title shall be
subject to a civil penalty of not to exceed $1,000 for each such
violation. In determining the amount of any penalty under this
subsection, the appropriateness of such penalty to the size of the
business of the person charged and the gravity of the violation shall be
considered. The amount of any penalty under this subsection, when finally
determined, may be-

(1) deducted from any sums owing by the United States to the person
charged;

(2) recovered in a civil action brought by the Secretary in any
court of competent jurisdiction, in which litigation the Secretary shall
be represented by the Solicitor of Labor; or

(3) ordered by the court, in an action brought for a violation of
section 215(a)(4) of this title or a repeated or willful violation of
section 215(a)(2) of this title, to be paid to the Secretary.

Any administrative determination by the Secretary of the amount of any
penalty under this subsection shall be final, unless within fifteen days
after receipt of notice thereof by certified mail the person charged with
the violation takes exception to the determination that the violations for
which the penalty is imposed occurred, in which event final determination
of the penalty shall be made in an administrative proceeding after
opportunity for hearing in accordance with section 554 of Title 5, and
regulations to be promulgated by the Secretary. Except for civil
penalties collected for violations of section 212 of this title, sums
collected as penalties pursuant to this section shall be applied toward
reimbursement of the costs of determining the violations and assessing and
collecting such penalties, in accordance with the provisions of section 9a
of this title. Civil penalties collected for violations of section 212 of
this title shall be deposited in the general fund of the Treasury.

INJUNCTION PROCEEDINGS

SEC. 217 [Section 17]

The districts courts, together with the United States District Court
for the District of the Canal Zone, the District Court of the Virgin
Islands, and the District Court of Guam shall have jurisdiction, for cause
shown, to restrain violations of section 215 [section 15] of this
title, including in the case of violations of section 15(a)(2) of this
title the restraint of any withholding of payment of minimum wages or
overtime compensation found by the court to be due to employees under this
chapter (except sums which employees are barred from recovering, at the
time of the commencement of the action to restrain the violations, by
virtue of the provisions of section 255 of this title [section 6 of the
Portal-to-Portal Act of 1947].

RELATION TO OTHER LAWS

SEC. 218 [Section 18]

(a) No provision of this chapter or of any order thereunder shall
excuse noncompliance with any Federal or State law or municipal ordinance
establishing a minimum wage higher than the minimum wage established under
this chapter or a maximum workweek lower than the maximum workweek
established under this chapter, and no provision of this chapter relating
to the employment of child labor shall justify noncompliance with any
Federal or State law or municipal ordinance establishing a higher standard
than the standard established under this chapter. No provision of this
chapter shall justify any employer in reducing a wage paid by him which is
in excess of the applicable minimum wage under this chapter, or justify
any employer in increasing hours of employment maintained by him which are
shorter than the maximum hours applicable under this chapter.

SEPARABILITY OF PROVISIONS

SEC. 219 [Section 19]

If any provision of this chapter or the application of such provision
to any person or circumstances is held invalid, the remainder of the
chapter and the application of such provision to other persons or
circumstances shall not be affected thereby.

Approved June 25, 1938.

[In the following excerpts from the Portal-to-Portal Act of 1947, the
authority given to the Secretary of Labor is exercised by the Equal
Employment Opportunity Commission for purposes of enforcing the Equal Pay
Act of 1963.]

PART IV – MISCELLANEOUS

SEC. 255 [Section 6] Statute of Limitations.

Any action commenced on or after May 14, 1947 [the date of the
enactment of this Act], to enforce any cause of action for unpaid
minimum wages, unpaid overtime compensation, or liquidated damages, under
the Fair Labor Standards Act of 1938, as amended, [29 U.S.C. 201 et
seq.], the Walsh-Healey Act [41 U.S.C. 35 et seq.], or the
Bacon-Davis Act [40 U.S.C. 276a et seq.]-

(a) if the cause of action accrues on or after May 14, 1947 [the date
of the enactment of this Act]-may be commenced within two years after
the cause of action accrued, and every such action shall be forever barred
unless commenced within two years after the cause of action accrued,
except that a cause of action arising out a willful violation may be
commenced within three years after the cause of action accrued;

SEC. 256 [Section 7] Determination of Commencement of Future
Actions.

In determining when an action is commenced for the purposes of section 255
[section 6] of this title, an action commenced on or after May 14,
1947 [the date of the enactment of this Act] under the Fair Labor
Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.], the
Walsh-Healey Act [41 U.S.C. 35 et seq.], or the Bacon-Davis Act
[40 U.S.C. 276a et seq.], shall be considered to be commenced on
the date when the complaint is filed; except that in the case of a
collective or class action instituted under the Fair Labor Standards Act
of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be
commenced in the case of any individual claimant-

(a) on the date when the complaint is filed, if he is specifically named
as a party plaintiff in the complaint and his written consent to become a
party plaintiff is filed on such date in the court in which the action is
brought; or

(b) if such written consent was not so filed or if his name did not so
appear-on the subsequent date on which such written consent is filed in
the court in which the action was commenced.

SEC. 259 [Section 10] Reliance in Future on Administrative
Rulings, Etc.

(a) In any action or proceeding based on any act or omission on or
after May 14, 1947 [the date of the enactment of this Act], no
employer shall be subject to any liability or punishment for or on account
of the failure of the employer to pay minimum wages or overtime
compensation under the Fair Labor Standards Act of 1938, as amended,
[29 U.S.C. 201 et seq.], the Walsh-Healey Act [41 U.S.C. 35 et
seq.], or the Bacon-Davis Act [40 U.S.C. 276a et seq.], if he
pleads and proves that the act or omission complained of was in good faith
in conformity with and in reliance on any written administrative
regulation, order, ruling, approval, or interpretation, of the agency of
the United States specified in subsection (b) of this section, or any
administrative practice or enforcement policy of such agency with respect
to the class of employers to which he belonged. Such a defense, if
established, shall be a bar to the action or proceeding, notwithstanding
that after such act or omission, such administrative regulation, order,
ruling, approval, interpretation, practice, or enforcement policy is
modified or rescinded or is determined by judicial authority to be invalid
or of no legal effect.

(b) The agency referred to in subsection (a) shall be-

(1) in the case of the Fair Labor Standards Act of 1938, as amended
[29 U.S.C. 201 et seq.]- the Administrator of the Wage and Hour
Division of the Department of Labor;

SEC. 260 [Section 11] Liquidated Damages.

In any action commenced prior to or on or after May 14, 1947 [the date
of the enactment of this Act] to recover unpaid minimum wages, unpaid
overtime compensation, or liquidated damages, under the Fair Labor
Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.] if the
employer shows to the satisfaction of the court that the act or omission
giving rise to such action was in good faith and that he had reasonable
grounds for believing that his act or omission was not a violation of the
Fair Labor Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.]
the court may, in its sound discretion, award no liquidated damages or
award any amount thereof not to exceed the amount specified in section 216
[section 16] of this title.

SEC. 262 [Section 13] Definitions.

(a) When the terms “employer,” “employee,” and
“wage” are used in this chapter in relation to the Fair Labor
Standards Act of 1938, as amended, [29 U.S.C. 201 et seq.] they
shall have the same meaning as when used in such Act of 1938.

Not Reprinted in U.S. Code [Section 14] Separability.

If any provision of this Act or the application of such provision to
any person or circumstance is held invalid, the remainder of this Act and
the application of such provision to other persons or circumstances shall
not be affected thereby.

Not Reprinted in U.S. Code [Section 15] Short Title.

This Act may be cited as the “Portal-to-Portal Act of 1947.”

Approved May 14, 1947.

SEC. 701. For the purposes of this title–

(a) The term “person” includes one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.

(b) The term “employer” means a person engaged in an industry affecting commerce who has twenty-five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or a State or political subdivision thereof, (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954: Provided, That during the first year after the effective date prescribed in subsection (a) of section 716, persons having fewer than one hundred employees (and their agents) shall not be considered employers, and, during the second year after such date, persons having fewer than seventy-five employees (and their agents) shall not be considered employers, and, during the third year after such date, persons having fewer than fifty employees (and their agents) shall not be considered employers: Provided further, That it shall be the policy of the United States to insure equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex or national origin and the President shall utilize his existing authority to effectuate this policy.

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) one hundred or more during the first year after the effective date prescribed in subsection (a) of section 716, (B) seventy-five or more during the second year after such date or fifty or more during the third year, or (C) twenty-five or more thereafter, and such labor organization–

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended;

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

(f) The term “employee” means an individual employed by an employer.

(g) The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959.

(i) The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, The Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

EXEMPTION
SEC. 702. This title shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.

DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN

SEC. 703. (a) It shall be an unlawful employment practice for an employer–

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

(c) It shall be an unlawful employment practice for a labor organization–

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(f) As used in this title, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

(g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if–

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this title for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).

(i) Nothing contained in this title shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

(j) Nothing contained in this title shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

OTHER UNLAWFUL EMPLOYMENT PRACTICES

SEC. 704. (a) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed, any practice made an unlawful employment practice by this title, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.

(b) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, beginning from the date of enactment of this title, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and shall appoint, in accordance with the civil service laws, such officers, agents, attorneys, and employees as it deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

(c) The Commission shall have an official seal which shall be judicially noticed.

(d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2201-2209), is further amended–

(1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause:
“(32) Chairman, Equal Employment Opportunity Commission”; and

(2) by adding to clause (45) of section 106(a) thereof (5 U.S.C. 2205(a)) the following: “Equal Employment Opportunity Commission (4).”

(f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this title.

(g) The Commission shall have power–
(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

(3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or an order issued thereunder;

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided by this title;

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this title and to make the results of such studies available to the public;

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters.

(h) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court.

(i) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

(j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of August 2, 1939, as amended (the Hatch Act), notwithstanding any exemption contained in such section.

PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES
SEC. 706. (a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this title has occurred (and such charge sets forth the facts upon which it is based) that an employer, employment agency, or labor organization has engaged in an unlawful employment practice, the Commission shall furnish such employer, employment agency, or labor organization (hereinafter referred to as the “respondent”) with a copy of such charge and shall make an investigation of such charge, provided that such charge shall not be made public by the Commission. If the Commission shall determine, after such investigation, that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such endeavors may be made public by the Commission without the written consent of the parties, or used as evidence in a subsequent proceeding. Any officer or employee of the Commission, who shall make public in any manner whatever any information in violation of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.

(b) In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

(c) In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State, which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

(d) A charge under subsection (a) shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local, law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

(e) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) (except that in either case such period may be extended to not more than sixty days upon a determination by the Commission that further efforts to secure voluntary compliance are warranted), the Commission has been unable to obtain voluntary compliance with this title, the Commission shall so notify the person aggrieved and a civil action may, within thirty days thereafter, be brought against the respondent named in the charge (1) by the person claiming to be aggrieved, or (2) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (b) or the efforts of the Commission to obtain voluntary compliance.

(f) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this title. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the plaintiff would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

(g) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice). Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or in violation of section 704(a).

(h) The provisions of the Act entitled “An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 101-115), shall not apply with respect to civil actions brought under this section.

(i) In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under subsection (e), the Commission may commence proceedings to compel compliance with such order.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

SEC. 707. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

EFFECT ON STATE LAWS
SEC. 708. Nothing in this title shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this title.

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES
SEC. 709. (a) In connection with any investigation of a charge filed under section 706, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this title and is relevant to the charge under investigation.

(b) The Commission may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may for the purpose of carrying out its functions and duties under this title and within the limitation of funds appropriated specifically for such purpose, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist the Commission in carrying out this title. In furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements and under which no person may bring a civil action under section 706 in any cases or class of cases so specified, or under which the Commission shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Commission shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this title.

(c) Except as provided in subsection (d), every employer, employment agency, and labor organization subject to this title shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods, and (3) make such reports therefrom, as the Commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this title or the regulations or orders thereunder. The Commission shall, by regulation, require each employer, labor organization, and joint labor-management committee subject to this title which controls an apprenticeship or other training program to maintain such records as are reasonably necessary to carry out the purpose of this title, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received, and shall furnish to the Commission, upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) bring a civil action in the United States district court for the district where such records are kept. If the Commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief.

(d) The provisions of subsection (c) shall not apply to any employer, employment agency, labor organization, or joint labor-management committee with respect to matters occurring in any State or political subdivision thereof which has a fair employment practice law during any period in which such employer, employment agency, labor organization, or joint labor-management committee is subject to such law, except that the Commission may require such notations on records which such employer, employment agency, labor organization, or joint labor-management committee keeps or is required to keep as are necessary because of differences in coverage or methods of enforcement between the State or local law and the provisions of this title. Where an employer is required by Executive Order 10925, issued March 6, 1961, or by any other Executive order prescribing fair employment practices for Government contractors and subcontractors, or by rules or regulations issued thereunder, to file reports relating to his employment practices with any Federal agency or committee, and he is substantially in compliance with such requirements, the Commission shall not require him to file additional reports pursuant to subsection (c) of this section.

(e) It shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section prior to the institution of any proceeding under this title involving such information. Any officer or employee of the Commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than one year.

INVESTIGATORY POWERS
SEC. 710. (a) For the purposes of any investigation of a charge filed under the authority contained in section 706, the Commission shall have authority to examine witnesses under oath and to require the production of documentary evidence relevant or material to the charge under investigation.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709(a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

(c) Within twenty days after the service upon any person charged under section 706 of a demand by the Commission for the production of documentary evidence or for permission to examine or to copy evidence in conformity with the provisions of section 709(a), such person may file in the district court of the United States for the judicial district in which he resides, is found, or transacts business, and serve upon the Commission a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person. No objection which is not raised by such a petition may be urged in the defense to a proceeding initiated by the Commission under subsection (b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty-day period, or unless the court determines that the defendant could not reasonably have been aware of the availability of such ground of objection.

(d) In any proceeding brought by the Commission under subsection (b), except as provided in subsection (c) of this section, the defendant may petition the court for an order modifying or setting aside the demand of the Commission.

SEC. 711. (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint.

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

VETERANS’ PREFERENCE

SEC. 712. Nothing contained in this title shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

RULES AND REGULATIONS

SEC. 713. (a) The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this title. Regulations issued under this section shall be in conformity with the standards and limitations of the Administrative Procedure Act.

(b) In any action or proceeding based on any alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any information required by any provision of this title if he pleads and proves that he failed to publish and file such information in good faith, in conformity with the instructions of the Commission issued under this title regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES

SEC. 714. The provisions of section 111, title 18, United States Code, shall apply to officers, agents, and employees of the Commission in the performance of their official duties.

SPECIAL STUDY BY SECRETARY OF LABOR
SEC. 715. The Secretary of Labor shall make a full and complete study of the factors which might tend to result in discrimination in employment because of age and of the consequences of such discrimination on the economy and individuals affected. The Secretary of Labor shall make a report to the Congress not later than June 30, 1965, containing the results of such study and shall include in such report such recommendations for legislation to prevent arbitrary discrimination in employment because of age as he determines advisable.

EFFECTIVE DATE
SEC. 716. (a) This title shall become effective one year after the date of its enactment.

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

(c) The President shall, as soon as feasible after the enactment of this title, convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this title to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this title when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this title.

What Constitutes Sex Discrimination?

The essence of sex discrimination is unequal treatment on the basis of sex. The treatment must not simply be different, but also unequal, and therefore unfair. For example, requiring women and men to use separate restrooms does not constitute sex discrimination. But it is sex discrimination to provide different working conditions, salaries, hiring, promotion or bonus criteria to women and men. A unique form of sex discrimination is sexual harassment. Women and men have the right to secure and perform their jobs free of unwanted demands for romantic or sexual relationships, or unwanted communications or behaviors of a sexual nature that interfere with their ability to work.

Sex Discrimination and the Law: Title VII

Title VII of the Civil Rights Act of 1964 provides strong protections against sex discrimination in employment. Specifically, Title VII makes it illegal for an employer:

“1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, or privileges of employment, because of such individual’s…sex…; or

“2) to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise affect [the individual's] status as an employee, because of such individual’s…sex….”

Title VII also prohibits sex discrimination in on-the-job and apprenticeship programs, retaliation against an employee for opposing a discriminatory employment practice, and sexually stereotyped advertisements for employment positions.

Workplace Harassment as Sexual Discrimination

Workplace harassment is another form of unlawful discrimination. Employers must not only grant women and men equal pay and opportunities, they must also remedy any sexual harassment situations that are known, or of which the employer should be aware. This includes both harassment of lower-tier employees by a manager or executive of lower position, and sexual harassment among coworkers. Harassment involves unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal for an employer to make sexual conduct a condition or term of employment, to base employment decisions on such conduct, or to permit sexual conduct that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Lewd comments, unwanted touching, displays of sexual objects or photographs, or offensive cartoons or drawings may constitute sexual harassment when they interfere with an individual’s work performance.

Getting Legal Help for Sex Discrimination in Employment

Over the last few decades, Congress and the courts have taken significant steps to overcome sex discrimination. Most employers have procedures for reporting sexual discrimination, but these cases can still be difficult for an affected employee to address. Sometimes legal action becomes necessary when an employer takes a discriminatory position against a female or male employee based on sex. Speaking with an experienced employment law attorney can help you to protect your rights and to pursue a proper remedy if you’ve been the victim of discrimination.

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities which receive federal financial assistance. Title IX states that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Are all school districts, colleges, and universities covered by Title IX?

Virtually all public school districts are covered by Title IX because they receive some federal financial assistance and operate education programs. Public colleges and universities generally receive federal financial assistance, and most private colleges and universities receive such assistance. There are some private colleges that do not receive any federal assistance, and Title IX does not apply to them.

Are all programs in a school or college covered if it receives federal financial assistance?

Generally, all programs in a school or college are covered if the school or college receives federal financial assistance. Title IX covers all programs of a school or college that receives financial assistance including academics, extracurricular, and athletics. Also, Title IX applies to all activities of a school or college, even those that occur off campus.

Does Title IX protect only students?

No, Title IX protects all participants in the program from discrimination, including parents, students, and employees.

Are schools responsible for addressing sexual harassment?

Yes, when schools become aware that sexual harassment is severe, persistent or pervasive, they must take effective actions.

Must a school athletic program provide an equal opportunity under Title IX?

School districts and colleges are required to provide an equal opportunity in meeting student interest in sports, and in specific program areas like equipment and supplies and recruitment.

1. What is sexual harassment?
   There are two types of sexual harassment. In quid pro quo harassment, a school employee conditions a student’s participation in a program or activity or bases an education decision on the student’s submission to requests for sexual favors, or other verbal, non-verbal, or physical conduct of a sexual nature. A hostile environment is created when sexually harassing conduct, such as requests for sexual favors or physical or verbal conduct of a sexual nature, is sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in a program or activity.
2. In a school setting, who are the potential harassers?
   A teacher or other school employee could harass a student. In addition, other students as well as third parties are potential harassers. Third parties would include people who are not employees or students at the school but may be legitimately on the school premises.
3. Is it sexual harassment if a teacher touches a student?
   Sexual harassment does not include legitimate nonsexual touching or other nonsexual conduct. For example, an elementary school teacher could give a consoling hug to a child who scraped his elbow; this is not considered sexual harassment. Similarly, a volleyball coach could hug a team member who scored the winning point. But, in some circumstances, nonsexual conduct may rise to the level of sexual harassment. For example, a volleyball coach hugging a player under inappropriate circumstances could create a hostile environment.
4. Are both male and female students protected from being sexually harassed?
   Both male and female students are protected under Title IX from sexual harassment engaged in by a school’s employees, other students, or third parties. Sexual harassment is prohibited even if the harasser and the person being harassed are members of the same sex.
5. Are gay and lesbian students protected?
   Title IX does not prohibit discrimination on the basis of sexual orientation.
6. Is a school liable for sexual harassment by its employees?
   It depends on the type of harassment and who does it. A school will always be liable for quid pro quo harassment if the harasser is a school employee in a position of authority. A school’s liability for hostile environment sexual harassment depends on whether the harassment is sufficiently severe or pervasive and whether the employee appeared to be acting on behalf of the school.
7. Is a school liable if a student sexually harasses another student?
   A school may be liable if: a hostile environment exists in the school’s programs or activities; the school knows or should have known of the harassment; and the school fails to take immediate and appropriate action to stop the harassment.
8. What should a student do if he or she is or thinks he or she is being harassed?
   The student or his or her parents should immediately report the incident. The student should be assured that no actions will be taken against the student for reporting the incident.
9. Does the student’s name have to be disclosed to the harasser?
   A student can request that his or her name not be disclosed. A student can also request that nothing be done about the harassment. The student should be informed that the student’s request might limit the school’s ability to respond to the complaint.
10. What should a parent do if the school doesn’t respond to the student’s complaint?
    The parent should consult an attorney.

Yes. Sexual harassment of students is a real and serious problem in education at all levels, including elementary and secondary schools, as well as colleges and universities. It can affect any student, regardless of sex, race, or age. Sexual harassment can threaten a student’s physical or emotional well-being, influence how well a student does in school, and make it difficult for a student to achieve his or her career goals.

What types of sexual harassment can occur in the education setting?

Sexual harassment can take two forms: quid pro quo and hostile environment.

Quid pro quo harassment occurs when a school employee causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity. It can also occur when an employee causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct. For example, when a teacher threatens to fail a student unless the student agrees to date the teacher, it is quid pro quo harassment.

Hostile environment harassment occurs when unwelcome conduct of a sexual nature is so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment. A hostile environment can be created by a school employee, another student, or even someone visiting the school, such as a student or employee from another school.

Regardless of which type of harassment occurs, a school must take immediate and appropriate steps to stop it and prevent it from happening again. The judgment and common sense of teachers and administrators are important elements of any response. However, the school is responsible for taking all reasonable steps to ensure a safe learning environment.

What does the law require?

Title IX of the Civil Rights Act of 1964 prohibits discrimination based on a student’s sex in schools and colleges receiving federal funds. Prohibited discrimination occurs when a school’s employees treat students differently on the basis of their sex, or engage in quid pro quo harassment, or when the school is aware of a sexually hostile environment and condones, tolerates or allows that environment to exist.

How does the federal government help eliminate sexual harassment against students?

The U.S. Department of Education’s Office for Civil Rights investigates and resolves complaints alleging that educational institutions that are recipients of federal funds have failed to protect students from harassment based on sex. Complaints are often resolved by agreements requiring schools to adopt effective anti-harassment policies and procedures, train staff and students, address the incidents in question, and to take other steps to restore a nondiscriminatory environment.

This title may be cited as the “Fair Housing Act”.

Sec. 801.[42 U.S.C. 3601] Declaration of Policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

Sec. 802.[42 U.S.C. 3602] Definitions

As used in this subchapter–

(a) “Secretary” means the Secretary of Housing and Urban Development.

(b) “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(c) “Family” includes a single individual.

(d) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 [of the United States Code], receivers, and fiduciaries.

(e) “To rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(f) “Discriminatory housing practice” means an act that is unlawful under section 804, 805, 806, or 818 of this title.

(g) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States.

(h) “Handicap” means, with respect to a person–

(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities,

(2) a record of having such an impairment, or

(3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section102 of the Controlled Substances Act (21 U.S.C. 802) ) .

(i) “Aggrieved person” includes any person who–

(1) claims to have been injured by a discriminatory housing practice; or

(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.

(j) “Complainant” means the person (including the Secretary) who files a complaint under section 810.

(k) “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with–

(1) a parent or another person having legal custody of such individual or individuals; or

(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(l) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.

(m) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

(n) “Respondent” means–

(1) the person or other entity accused in a complaint of an unfair housing practice; and

(2) any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 810(a) .

(o) “Prevailing party” has the same meaning as such term has in section 722 of the Revised Statutes of the United States(42 U.S.C. 1988) .

[42 U.S.C. 3602 note] Neither the term “individual with handicaps” nor the term “handicap” shall apply to an individual solely because that individual is a transvestite.

Sec. 803.[42 U.S.C. 3603] Effective dates of certain prohibitions

(a) Subject to the provisions of subsection (b) of this section and section 807 of this title, the prohibitions against discrimination in the sale or rental of housing set forth in section 804 of this title shall apply:
(1) Upon enactment of this subchapter, to–
(A) dwellings owned or operated by the Federal Government;

(B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11,1968;

(C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and

(D) dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.

(2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b) of this section.

(b) Nothing in section 804 of this title (other than subsection (c) ) shall apply to–

(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any onetime: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or

(2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(c) For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if–

(1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

(2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

Sec. 804.[42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices

As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful–

(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.

(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.

(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

(d) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

(f)

(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of–
(A) that buyer or renter,

(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(C) any person associated with that buyer or renter.

(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of–

(A) that person; or

(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(C) any person associated with that person.

(3) For purposes of this subsection, discrimination includes–

(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of1988, a failure to design and construct those dwelling in such a manner that–

(i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(iii) all premises within such dwellings contain the following features of adaptive design:

(I) an accessible route into and through the dwelling;

(II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(III) reinforcements in bathroom walls to allow later installation of grab bars; and

(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1″) suffices to satisfy the requirements of paragraph(3) (C) (iii) .

(5)

(A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3) (C) , compliance with such laws shall be deemed to satisfy the requirements of that paragraph.

(B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3) (C) are met.

(C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3) (C) , and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3) (C) .

(D) Nothing in this title shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C) .

(6)

(A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary of a State or local public agency certified pursuant to section 810(f) (3) of this Act to receive and process complaints or otherwise engage in enforcement activities under this title.

(B) Determinations by a State or a unit of general local government under paragraphs (5) (A) and(B) shall not be conclusive in enforcement proceedings under this title.

(7) As used in this subsection, the term “covered multifamily dwellings” means–

(A) buildings consisting of 4 or more units if such buildings have one or more elevators; and

(B) ground floor units in other buildings consisting of 4 or more units.

(8) Nothing in this title shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this title shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this title.

(9) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result insubstantial physical damage to the property of others.

Sec. 805.[42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions

(a) In General.–It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

(b) Definition.–As used in this section, the term “residential real estate-related transaction” means any of the following:

(1) The making or purchasing of loans or providing other financial assistance–
(A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(B) secured by residential real estate.

(2) The selling, brokering, or appraising of residential real property.

(c) Appraisal Exemption.–Nothing in this title prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

Sec. 806.[42 U.S.C. 3606] Discrimination in provision of brokerage services

After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin.

Sec. 807.[42 U.S.C. 3607] Religious organization or private club exemption

(a) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(b)

(1) Nothing in this title limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons.

(2) As used in this section “housing for older persons” means housing –

(A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program) ; or

(B) intended for, and solely occupied by, persons62 years of age or older; or

(C) intended and operated for occupancy by persons 55years of age or older, and–

(i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;

(ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

(iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall–

(I) provide for verification by reliable surveys and affidavits; and

(II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii) . Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

(3) Housing shall not fail to meet the requirements for housing for older persons by reason of:

(A) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subsections (2) (B) or (C) : Provided,That new occupants of such housing meet the age requirements of sections (2) (B) or (C) ; or

(B) unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections (2) (B) or (C) .

(4) Nothing in this title prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section102 of the Controlled Substances Act (21 U.S.C. 802) .

(5)

(A) A person shall not be held personally liable for monetary damages for a violation of this title if such person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons.

(B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that–

(i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and

(ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

Sec. 808.[42 U.S.C. 3608] Administration

(a) Authority and responsibilityThe authority and responsibility for administering this Act shall be in the Secretary of Housing and Urban Development.

(b) Assistant Secretary

The Department of Housing and Urban Development shall be provided an additional Assistant Secretary.

(c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review

The Secretary may delegate any of his functions, duties and power to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and7521 of title 5 [of the United States Code]. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law.

(d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes

All executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the Secretary to further such purposes.

(e) Functions of Secretary

The Secretary of Housing and Urban Development shall–
(1) make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the United States;

(2) publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Congress–

(A) specifying the nature and extent of progress made nationally in eliminating discriminatory housing practices and furthering the purposes of this title, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action; and

(B) containing tabulations of the number of instances (and the reasons therefore) in the preceding year in which–

(i) investigations are not completed as required by section 810(a) (1) (B) ;

(ii) determinations are not made within the time specified in section 810(g) ; and

(iii) hearings are not commenced or findings and conclusions are not made as required by section 812(g) ;

(3) cooperate with and render technical assistance to Federal, State, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;

(4) cooperate with and render such technical and other assistance to the Community Relations Service as may be appropriate to further its activities in preventing or eliminating discriminatory housing practices;

(5) administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter; and

(6) annually report to the Congress, and make available to the public, data on the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of, programs administered by the Department to the extent such characteristics are within the coverage of the provisions of law and Executive orders referred to in subsection (f) which apply to such programs (and in order to develop the data to be included and made available to the public under this subsection, the Secretary shall, without regard to any other provision of law, collect such information relating to those characteristics as the Secretary determines to be necessary or appropriate) .

(f) The provisions of law and Executive orders to which subsection (e) (6) applies are–

(1) title VI of the Civil Rights Act of 1964;

(2) title VIII of the Civil Rights Act of 1968;

(3) section 504 of the Rehabilitation Act of 1973;

(4) the Age Discrimination Act of 1975;

(5) the Equal Credit Opportunity Act;

(6) section 1978 of the Revised Statutes (42 U.S.C.1982) ;

(7) section 8(a) of the Small Business Act;

(8) section 527 of the National Housing Act;

(9) section 109 of the Housing and Community Development Act of 1974;

(10) section 3 of the Housing and Urban Development Act of 1968;

(11) Executive Orders 11063, 11246, 11625, 12250,12259, and 12432; and

(12) any other provision of law which the Secretary specifies by publication in the Federal Register for the purpose of this subsection.

Sec. 808a.[42 U.S.C. 3608a] Collection of certain data

(a) In generalTo assess the extent of compliance with Federal fair housing requirements (including the requirements established under title VI of Public Law 88-352 [42 U.S.C.A. {2000d et seq.] and title VIII of Public Law 90-284 [42 U.S.C.A. {3601 et seq.]) , the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each collect, not less than annually, data on the racial and ethnic characteristics of persons eligible for, assisted, or otherwise benefiting under each community development, housing assistance, and mortgage and loan insurance and guarantee program administered by such Secretary. Such data shall be collected on a building by building basis if the Secretary involved determines such collection to be appropriate.

(b) Reports to Congress

The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each include in the annual report of such Secretary to the Congress a summary and evaluation of the data collected by such Secretary under subsection (a) of this section during the preceding year.

Sec. 809.[42 U.S.C. 3609] Education and conciliation; conferences and consultations; reports

Immediately after April 11, 1968, the Secretary shall commence such educational and conciliatory activities as in his judgment will further the purposes of this subchapter. He shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this subchapter and his suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. He may pay per diem, travel, and transportation expenses for persons attending such conferences as provided in section 5703 of Title 5. He shall consult with State and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in their State or locality, and whether and how State or local enforcement programs might be utilized to combat such discrimination in connection with or in place of, the Secretary’s enforcement of this subchapter. The Secretary shall issue reports on such conferences and consultations as he deems appropriate.

Sec. 810.[42 U.S.C. 3610] Administrative Enforcement; Preliminary Matters

(a) Complaints and Answers. –
(1)
(A)

(i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The Secretary, on the Secretary’s own initiative, may also file such a complaint.

(ii) Such complaints shall be in writing and shall contain such information and be in such form as the Secretary requires.

(iii) The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section.

(B) Upon the filing of such a complaint–

(i) the Secretary shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this title;

(ii) the Secretary shall, not later than 10days after such filing or the identification of an additional respondent under paragraph (2) , serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this title, together with a copy of the original complaint;

(iii) each respondent may file, not later than 10 days after receipt of notice from the Secretary, an answer to such complaint; and

(iv) the Secretary shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint(or, when the Secretary takes further action under subsection (f) (2) with respect to a complaint, within 100 days after the commencement of such further action) , unless it is impracticable to do so.

(C) If the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f) (2) with respect to a complaint, within 100 days after the commencement of such further action) , the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so.

(D) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time.

(2)

(A) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under paragraph(1) , to such person, from the Secretary.

(B) Such notice, in addition to meeting the requirements of paragraph (1) , shall explain the basis for the Secretary’s belief that the person to whom the notice is addressed is properly joined as a respondent.

(b) Investigative Report and Conciliation. –

(1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Secretary, the Secretary shall, to the extent feasible, engage in conciliation with respect to such complaint.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Education Programs and Activities Covered by Title IX

Title IX covers state and local agencies that receive ED funds. These agencies include approximately 16,000 local school districts, 3,200 colleges and universities, and 5,000 for-profit schools as well as libraries and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.

Programs and activities which receive federal funds must operate in a nondiscriminatory manner. These programs and activities may include, but are not limited to:

• Admissions
• Recruitment
• Financial aid
• Academic programs
• Student treatment and services
• Counseling and guidance
• Discipline
• Classroom assignment
• Grading
• Vocational education
• Recreation
• Physical education
• Athletics
• Housing

The Office for Civil Rights Enforces Title IX

The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing Title IX. The principal enforcement activity is the investigation and resolution of complaints filed by people alleging sex discrimination. OCR has investigated and worked with recipients to resolve many kinds of civil rights problems, including the following:

• the provision of less than a fair share of funds for athletic scholarships to females;
• inequitable pay for female teachers holding similar teaching positions to those held by male counterparts; and
• discrimination against female students on the basis of pregnancy.

How to File a Discrimination Complaint with OCR

Anyone who believes there has been an act of discrimination on the basis of sex against any person or group in a program or activity which receives federal financial assistance, may file a complaint with OCR under Title IX. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group. A complaint should be sent to the OCR enforcement office that serves the state in which the alleged discrimination occurred. A complaint usually must be filed within 180 days of the date of the alleged discrimination.

Complaint letters should explain who was discriminated against; in what way; by whom or by what institution or agency; when the discrimination took place; who was harmed; who can be contacted for further information; the name, address and telephone number of the complainant(s) and the alleged offending institution or agency; and as much background information as possible about the alleged discriminatory act(s).

If an investigation indicates there has been a violation of Title VI, OCR attempts to obtain voluntary compliance. If it cannot obtain voluntary compliance, OCR will initiate enforcement action, either by referring the case to the Department of Justice for court action, or by initiating proceedings, before an administrative law judge, to terminate Federal funding to the recipient’s program or activity in which the prohibited discrimination occurred. Terminations are made only after the recipient has had an opportunity for a hearing before an administrative law judge, and after all other appeals have been exhausted.

Below is a list of federal laws that prohibit discrimination based on gender in a number of settings, and links to the full texts of those laws. (Note: Many states have civil rights laws of their own which mirror those at the federal level, so your state may have its own laws that are very similar to those identified below. In addition, municipalities like cities and counties can enact ordinances and laws related to civil rights.)

• Civil Rights Act of 1964: Title VII (Equal Employment Opportunities)
  Prohibits employment discrimination based on race, color, religion, sex, and national origin.

• The Equal Credit Opportunity Act
  Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program.

• Fair Housing Act
  Prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, and disability.

• Equal Pay Act of 1963
  Requires that employers pay all employees equally for equal work, regardless of whether the employees are male or female.

• Family and Medical Leave Act
  Gives employees the right to take time off from work in order to care for a newborn (or recently adopted) child, or to look after an ill family member.

• Pregnancy Discrimination Act
  Prohibits employment discrimination against female workers who are (or intend to become) pregnant — including discrimination in hiring, failure to promote, and wrongful termination.

• Title IX of the Education Amendments of 1972
  Prohibits sex discrimination in education programs that receive federal funds, to increase educational and athletic opportunities for females in schools and colleges nationwide.

• U.S. Code Title 42, Chapter 21 — Civil Rights
  Title 42, Chapter 21 of the U.S. Code prohibits discrimination against persons based on age, disability, gender, race, national origin, and religion (among other things) in a number of settings — including education, employment, access to businesses and buildings, federal services, and more. Chapter 21 is where a number of federal acts related to civil rights have been codified — including the Civil Rights Act of 1866, Civil Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act.