§ 1311. Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title II § 201 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1311

   Pub. L. 104–1, title II, § 201, Jan. 23, 1995, 109 Stat. 7

   Source evidence

   Code source credit
   Pub. L. 104–1, title II, § 201, Jan. 23, 1995, 109 Stat. 7

   Enacted provision · exact public law section
   SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, THE REHABIUTATION 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 (42 U.S.C. 2000e–2); (2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112–12114). (b) Remedy.— (1) Civil rights.— The remedy for a violation of subsection (a)(1) shall be— (A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(g)); and (B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes (42 U.S.C. 1981), 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 (42 U.S.C. 1981a(a)(1), 1981a(b)(2), and 1981a(b)(3)(D)). (2) Age discrimination.— The remedy for a violation of subsection (a)(2) shall be— (A) such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)); and (B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act (29 U.S.C. 626(b)). In addition, the waiver provisions of section 7(f) of such Act (29 U.S.C. 626(f)) shall apply to covered employees. (3) Disabilities discrimination.— The remedy for a violation of subsection (a)(3) shall be— (A) such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)); 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 (42 U.S.C. 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and 1981a(b)(3)(D)). (c) Application to General Accounting Office, Government Printing Office, and Library of Congress.— (1) Section 717 of the civil rights act of 1964.— Section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended by— (A) striking “legislative and”; (B) striking “branches” and inserting “branch”; and (C) inserting “Government Printing Office, the General Accounting Office, and the” after “and in the”. (2) Section 15 of the age discrimination in employment act of 1967.— Section 15(a) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(a)) is amended by— (A) striking “legislative and”; (B) striking “branches” and inserting “branch”; and (C) inserting “Government Printing Office, the General Accounting Office, and the” after “and in the”. (3) Section 509 of the americans with disabilities act of 1990.— Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209) is amended— (A) by striking subsections (a) and (b) of section 509; (B) in subsection (c), by striking “(c) Instrumentalities of Congress.—” and inserting “The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as follows:”; (C) by striking the second sentence of paragraph (2); (D) in paragraph (4), by striking “the instrumentalities of the Congress include” and inserting “the term ‘instrumentality of the Congress’ means”, by striking “the Architect of the Capitol, the Congressional Budget Office”, by inserting “and” before “the Library”, and by striking “the Office of Technology Assessment, and the United States Botanic Garden”; (E) by redesignating paragraph (5) as paragraph (7) and by inserting after paragraph (4) the following new paragraph: “(5) Enforcement of employment rights.— The remedies and procedures set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) shall be available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under sections 102 through 104 of this Act that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress.”; and (F) by amending the title of the section to read (d) Effective Date.— This section shall take effect 1 year after the date of the enactment of this Act.

2. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 title III § 302(a) · 132 Stat. 5297

   1. Added · 2 U.S.C. § 1311(d); 2 U.S.C. § 1311(e)

      Pub. L. 115–397 added subsec. (d)

   2. Redesignated · 2 U.S.C. § 1311(d); 2 U.S.C. § 1311(e)

      Pub. L. 115–397 redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 115–397 added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   (a) Extension.— Section 201 (2 U.S.C. 1311) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(d) Application to Unpaid Staff.— “(1) In general.— Subsections (a) and (b) shall apply with respect to— “(A) any staff member of an employing office who carries out official duties of the employing office but who is not paid by the employing office for carrying out such duties (referred to in this subsection as an ‘unpaid staff member’), including an intern, an individual detailed to an employing office, and an individual participating in a fellowship program, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and “(B) a former unpaid staff member, if the act that may be a violation of subsection (a) occurred during the service of the former unpaid staffer for the employing office. “(2) Rule of construction.— Nothing in paragraph (1) may be construed to extend liability for a violation of subsection (a) to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing office. “(3) Intern defined.— For purposes of this subsection, the term ‘intern’ means an individual who performs service for an employing office which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.” .

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

3 of 3 references resolved to an enrolled provision