
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 3USC411]

 
                         TITLE 3--THE PRESIDENT
 
 CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
                                 OFFICES
 
           SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
 
Part A--Employment Discrimination, Family and Medical Leave, Fair Labor 
    Standards, Employee Polygraph Protection, Worker Adjustment and 
  Retraining, Employment and Reemployment of Veterans, and Intimidation
 
Sec. 411. Rights and protections under title VII of the Civil 
        Rights Act of 1964, the Age Discrimination in Employment Act of 
        1967, the Rehabilitation Act of 1973, and title I of the 
        Americans with Disabilities Act of 1990
        
    (a) Discriminatory Practices Prohibited.--All personnel actions 
affecting covered employees shall be made free from any discrimination 
based on--
        (1) race, color, religion, sex, or national origin, within the 
    meaning of section 703 of the Civil Rights Act of 1964;
        (2) age, within the meaning of section 15 of the Age 
    Discrimination in Employment Act of 1967; or
        (3) disability, within the meaning of section 501 of the 
    Rehabilitation Act of 1973 and sections 102 through 104 of the 
    Americans with Disabilities Act of 1990.

    (b) Remedy.--
        (1) Civil rights.--The remedy for a violation of subsection 
    (a)(1) shall be--
            (A) such damages as would be appropriate if awarded under 
        section 706(g) of the Civil Rights Act of 1964; and
            (B) such compensatory damages as would be appropriate if 
        awarded under section 1977 of the Revised Statutes, or as would 
        be appropriate if awarded under sections 1977A(a)(1), 
        1977A(b)(2), and, irrespective of the size of the employing 
        office, 1977A(b)(3)(D) of the Revised Statutes.

        (2) Age discrimination.--The remedy for a violation of 
    subsection (a)(2) shall be--
            (A) such damages as would be appropriate if awarded under 
        section 15(c) of the Age Discrimination in Employment Act of 
        1967; and
            (B) such liquidated damages as would be appropriate if 
        awarded under section 7(b) of such Act.

    In addition, the waiver provisions of section 7(f) of such Act shall 
    apply to covered employees.
        (3) Disabilities discrimination.--The remedy for a violation of 
    subsection (a)(3) shall be--
            (A) such damages as would be appropriate if awarded under 
        section 505(a)(1) of the Rehabilitation Act of 1973 or section 
        107(a) of the Americans with Disabilities Act of 1990; and
            (B) such compensatory damages as would be appropriate if 
        awarded under sections 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), 
        and, irrespective of the size of the employing office, 
        1977A(b)(3)(D) of the Revised Statutes.

    (c) Definitions.--Except as otherwise specifically provided in this 
section, as used in this section:
        (1) Covered employee.--The term ``covered employee'' means any 
    employee of a unit of the executive branch, including the Executive 
    Office of the President, whether appointed by the President or by 
    any other appointing authority in the executive branch, who is not 
    otherwise entitled to bring an action under any of the statutes 
    referred to in subsection (a), but does not include any individual--
            (A) whose appointment is made by and with the advice and 
        consent of the Senate;
            (B) who is appointed to an advisory committee, as defined in 
        section 3(2) of the Federal Advisory Committee Act; or
            (C) who is a member of the uniformed services.

        (2) Employing office.--The term ``employing office'', with 
    respect to a covered employee, means the office, agency, or other 
    entity in which the covered employee is employed (or sought 
    employment or was employed in the case of an applicant or former 
    employee, respectively).

    (d) Regulations To Implement Section.--
        (1) In general.--The President, or the designee of the 
    President, shall issue regulations to implement paragraphs (1) and 
    (3) of subsection (a) and paragraphs (1) and (3) of subsection (b).
        (2) Agency regulations.--The regulations issued under paragraph 
    (1) shall be the same as substantive regulations promulgated by the 
    appropriate officer of an executive agency to implement the 
    statutory provisions referred to in paragraphs (1) and (3) of 
    subsection (a) and paragraphs (1) and (3) of subsection (b)--
            (A) except to the extent that the President or designee may 
        determine, for good cause shown and stated together with the 
        regulation, that a modification of such regulations would be 
        more effective for the implementation of the rights and 
        protections under this section; and
            (B) except that the President or designee may, at the 
        discretion of the President or designee, issue regulations to 
        implement a provision of section 717 of the Civil Rights Act of 
        1964 or section 501 of the Rehabilitation Act of 1973 that 
        applies to employees in the executive branch of the Federal 
        Government in lieu of an analogous statutory provision referred 
        to in paragraph (1) or (3) of subsection (a) or paragraph (1) or 
        (3) of subsection (b), if the issuance of such regulations--
                (i) would be equally effective for the implementation of 
            the rights and protections under this section; and
                (ii) would promote uniformity in the application of 
            Federal law to employees in the executive branch of the 
            Federal Government.

    (e) Applicability.--Subsections (a) through (c), and section 417 (to 
the extent that it relates to any matter under this section), shall 
apply with respect to violations occurring on or after the effective 
date of this chapter.
    (f) Effective Date.--This section shall take effect on October 1, 
1997.

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4055.)

                       References in Text

    Sections 703, 706, and 717 of the Civil Rights Act of 1964, referred 
to in subsecs. (a)(1), (b)(1)(A), and (d)(2)(B), are classified to 
sections 2000e-2, 2000e-5, and 2000e-16, respectively, of Title 42, The 
Public Health and Welfare.
    Sections 7 and 15 of the Age Discrimination in Employment Act of 
1967, referred to in subsecs. (a)(1) and (b)(2), are classified to 
sections 626 and 633a, respectively, of Title 29, Labor.
    Sections 501 and 505 of the Rehabilitation Act of 1973, referred to 
in subsecs. (a)(3), (b)(3)(A), and (d)(2)(B), are classified to sections 
791 and 794a, respectively, of Title 29.
    Sections 102 to 104 and 107 of the Americans with Disabilities Act 
of 1990, referred to in subsecs. (a)(3) and (b)(3)(A), are classified to 
sections 12112 to 12114 and 12117, respectively, of Title 42, The Public 
Health and Welfare.
    Sections 1977 and 1977A of the Revised Statutes, referred to in 
subsec. (b)(1)(B), (3)(B), are classified to sections 1981 and 1981a, 
respectively, of Title 42.
    Section 3(2) of the Federal Advisory Committee Act, referred to in 
subsec. (c)(1)(B), is section 3(2) of Pub. L. 92-463, which is set out 
in the Appendix to Title 5, Government Organization and Employees.
    The effective date of this chapter, referred to in subsec. (e), is 
Oct. 1, 1997, unless otherwise provided, see section 471 of this title.


                             Effective Date

    Subsec. (d) of this section effective Oct. 26, 1996, see section 
471(b) of this title.


                               Regulations

    For provisions requiring that appropriate measures be taken to 
ensure that any regulations required to implement this section be in 
effect by Oct. 1, 1997, see section 2(b)(1) of Pub. L. 104-331, set out 
as a note under section 401 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 401, 402, 421, 454, 471 of 
this title; title 28 section 3901.
