
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: 5USC7204]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
       CHAPTER 72--ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS
 
             SUBCHAPTER I--ANTIDISCRIMINATION IN EMPLOYMENT
 
Sec. 7204. Other prohibitions

    [(a) Repealed. Pub. L. 90-83, Sec. 1(44), Sept. 11, 1967, 81 Stat. 
208.]
    (b) In the administration of chapter 51, subchapters III and IV of 
chapter 53, and sections 305 and 3324 of this title, discriminations 
because of race, color, creed, sex, or marital status is prohibited with 
respect to an individual or a position held by an individual.
    (c) The Office of Personnel Management may prescribe regulations 
necessary for the administration of subsection (b) of this section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, Sec. 7154; Pub. L. 90-83, 
Sec. 1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92-392, Sec. 8, Aug. 
19, 1972, 86 Stat. 573; renumbered Sec. 7204 and amended Pub. L. 95-454, 
title VII, Sec. 703(a)(1), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 
Stat. 1216, 1224.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 33.                  R.S. Sec.  165.
(b)................  5 U.S.C. 1074.                Oct. 28, 1949, ch.
                                                    782, Sec.  1103, 63
                                                    Stat. 972.
------------------------------------------------------------------------

    In subsection (a), the words ``Executive department'' are 
substituted for ``department'' as the definition of ``department'' 
applicable to this section is coextensive with the definition of 
``Executive department'' in section 101. The words ``or military 
department'' are inserted to preserve the application of the source law. 
Before enactment of the National Security Act Amendments of 1949 (63 
Stat. 578), the Department of the Army, the Department of the Navy, and 
the Department of the Air Force were Executive departments. The National 
Security Act Amendments of 1949 established the Department of Defense as 
an Executive department including the Department of the Army, the 
Department of the Navy, and the Department of the Air Force as military 
departments, not as Executive departments. However, the source law for 
this subsection, which was in effect in 1949, remained applicable to the 
Secretaries of the military departments by virtue of section 12(g) of 
the National Security Act Amendments of 1949 (63 Stat. 591), which is 
set out in the reviser's note for section 301. The words ``in the 
discretion of'' are omitted as unnecessary in view of the permissive 
grant of authority. The words ``positions in the department'' are 
substituted for ``any of the clerkships therein authorized by law''. The 
words ``upon the same requisites and conditions'' are omitted as 
unnecessary. The words ``legal pay of the position to which appointed'' 
are substituted for ``same compensations, as are prescribed for men''.
    This subsection was part of title IV of the Revised Statutes. The 
Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 
412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides 
``Except to the extent inconsistent with the provisions of this Act 
[National Security Act of 1947], the provisions of title IV of the 
Revised Statutes as now or hereafter amended shall be applicable to the 
Department of Defense'' is omitted from this title, but is not repealed.
    Subsection (c) is added on authority of former sections 1072 and 
1072a, which are codified in section 5115.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                            1967 Act

    This section deletes subsection (a) of 5 U.S.C. 7154 to reflect the 
repeal of the source statute of that subsection by Public Law 89-261, 79 
Stat. 987.


                               Amendments

    1978--Pub. L. 95-454, Sec. 703(a)(1), renumbered section 7154 of 
this title as this section.
    Subsec. (c). Pub. L. 95-454, Sec. 906(a)(2), substituted ``Office of 
Personnel Management'' for ``Civil Service Commission''.
    1972--Subsec. (b). Pub. L. 92-392 inserted reference to subchapter 
IV of chapter 53 of this title.


                    Effective Date of 1978 Amendment

    Amendment by section 906(a)(2) of Pub. L. 95-454 effective 90 days 
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a 
note under section 1101 of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-392 effective on first day of first 
applicable pay period beginning on or after 90th day after Aug. 19, 
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective Date 
note under section 5341 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2105 of this title; title 10 
sections 4540, 7212, 9540.
