§ 6727. Nondiscrimination

Footnotes

1. 1 See References in Text note below.

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. 1976

   Public Works Employment Act of 1976

   Pub. L. 94–369 title II § 207 · 90 Stat. 999

   Enacted · 42 U.S.C. § 6727

   Pub. L. 94–369, title II, § 207, July 22, 1976, 90 Stat. 1007

   Source evidence

   Code source credit
   Pub. L. 94–369, title II, § 207, July 22, 1976, 90 Stat. 1007

   Enacted provision · exact public law section
   Sec. 207. nondiscrimination (a) In General.— No person in the United States shall, 42 USC 6727. on the grounds of race, religion, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. (b) Authority of the Secretary.— Whenever the Secretary determines that a State government or unit of local government has failed to comply with subsection (a) or an applicable regulation, he shall, within ten days, notify the Governor of the State (or, in the case of a unit of local government the Governor of the State in which such unit is located, and the chief elected official of the unit) of the noncompliance. If within thirty days of the notification compliance is not achieved, the Secretary shall within ten days thereafter— (1) exercise all the powers and functions provided by title VI 42 USC 2000d. of the Civil Rights Act of 1964 (42 U.S.C. 2000e); (2) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (3) take such other action as may be provided by law. (c) Enforcement.— Upon his determination of discrimination under subsection (b), the Secretary shall have the full authority to withhold or temporarily suspend any payment under this title, or otherwise exercise any authority contained in title VI of the Civil Rights Act of 1964, to assure compliance with the requirement of nondiscrimination in federally assisted programs funded, in whole or in part, under this title. (d) Applicability of Certain Civil Rights Acts.— (1) Any party who is injured or deprived within the meaning of section 1979 of the Revised Statutes (42 U.S.C. 1983) or of section 1980 of the Revised Statutes (42 U.S.C. 1985) by any person, or two or more persons in the case of such section 1980, in connection with the administration of a payment under this title may bring a civil action under such section 1979 or 1980, as applicable, subject to the terms and conditions of those sections. (2) Any person who is aggrieved by an unlawful employment practice within the meaning of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by any employer in connection with the administration of a payment under this title may bring a civil action under section 706(f)(1) of such Act (42 U.S.C. 2000e–5(f) (1)) subject to the terms and conditions of such title.

2. 1977

   Intergovernmental Anti-recession Assistance Act of 1977

   Pub. L. 95–30 title VI § 605 · 91 Stat. 126

   1. Amended · 42 U.S.C. § 6727

      Pub. L. 95–30 amended section generally

   2. Inserted · 42 U.S.C. § 6727

      Pub. L. 95–30 inserting reference to discriminatory practices prohibited by the Age Discrimination Act of 1975 and the Rehabilitation Act of 1973 and generally restructuring the enforcement and remedies provisions to incorporate the procedures of the Secretary and of the Attorney General under the State and Local Fiscal Assistance Act of 1972

   Source evidence

   Code amendment note
   Pub. L. 95–30 amended section generally, inserting reference to discriminatory practices prohibited by the Age Discrimination Act of 1975 and the Rehabilitation Act of 1973 and generally restructuring the enforcement and remedies provisions to incorporate the procedures of the Secretary and of the Attorney General under the State and Local Fiscal Assistance Act of 1972.

   Enacted provision · exact public law section
   Sec. 605. Section 207 of the Public Works Employment Act of 1976 (42 U.S.C. 6727) is amended to read as follows: “Sec. 207. “nondiscrimination (a) (1) In General.— No person in the United States shall, on the ground of race, color, national origin, or sex, lie excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a State government or unit of local government, which government or unit receives funds made available under this title. Any prohibition against discrimination 42 USC 6101 note. 29 USC 794. on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. Any prohibition against discrimination on the basis of religion, or any exemption, from such prohibition, 42 USC 2000a note. 42 USC 3601. as provided in the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968, commonly referred to as Civil Rights Act of 1968, shall also apply to any such program or activity. “(2) Exceptions.— “(A) Funding.— The provisions of paragraph (1) of this subsection shall not apply where any State government or unit of local government demonstrates, by clear and convincing evidence, that the program or activity with respect to which the allegation of discrimination has been made is not funded in whole or in part with funds made available under this title. “(B) Construction projects in progress.— The provisions of paragraph (1), relating to discrimination on the basis of handicapped status, shall not apply with respect to construction projects commenced prior to January 1, 1977. “(b) Enforcement and Remedies.— The provisions of subsection (a) of this section shall be enforced by the Secretary in the same manner and in accordance with the same procedures as are required by sections 122, 124, and 125 of the State and Local Fiscal Assistance 31 USC 1242, 1244, 1245. Act of 1972 to enforce compliance with section 122(a) of such Act. The Attorney General shall have the same authority, functions, and duties with respect to funds made available under this title as the Attorney General has under sections 122 (g) and (h) and 124(c) of such Act with respect to funds made available under that Act. Any person aggrieved by a violation of subsection (a) of this section shall have the same rights and remedies as a person aggrieved by a violation of subsection (a) of section 122 of such Act, including the rights provided 31 USC 1242. 31 USC 1244. under section 124(c) of such Act.”.

3 of 3 references resolved to an enrolled provision