§ 7202. Marital status

Statutory text

The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of marital status in an Executive agency or in the competitive service.

Regulations prescribed under any provision of this title, or under any other provision of law, granting benefits to employees, shall provide the same benefits for a married female employee and her spouse and children as are provided for a married male employee and his spouse and children.

Notwithstanding any other provision of law, any provision of law providing a benefit to a male Federal employee or to his spouse or family shall be deemed to provide the same benefit to a female Federal employee or to her spouse or family.

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.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 7202
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7152
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7152
1971
Pub. L. 92–187 § 3 · 85 Stat. 642
1. Amended · 5 U.S.C. § 7202
  Pub. L. 92–187 designated existing provisions as subsec. (a)
2. Added · 5 U.S.C. § 7202
  Pub. L. 92–187 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 92–187 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Enacted provision · exact public law section
Sec. 3. Section 7152 of title 5, United States Code, relating to the prohibition on discrimination in employment because of marital status, is amended— (1) by inserting “(a)” immediately before “(The President”; and (2) by adding at the end thereof the following new subsections: “(b) Regulations prescribed under any provision of this title, or under any other provision of law, granting benefits to employees, shall provide the same benefits for a married female employee and her spouse and children as are provided for a married male employee and his spouse and children. “(c) Notwithstanding any other provision of law, any provision of law providing a benefit to a male Federal employee or to his spouse or family shall be deemed to provide the same benefit to a female Federal employee or to her spouse or family.”.
1978
Pub. L. 95–454 title VII § 703(a)(1) · 92 Stat. 1111
Changed · 5 U.S.C. § 7202
Pub. L. 95–454, renumbered section 7152 of this title as this section
Source evidence
Code amendment note
Pub. L. 95–454, renumbered section 7152 of this title as this section.
Enacted provision · exact public law section
(1) by redesignating sections 7151 (as amended by section 310 5 USC 7151–7154, 7201–7204. of this Act) , 7152, 7153, and 7154 as sections 7201, 7202, 7203, and 7204, respectively;

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
	5 U.S.C. 633(2)6 (less 1st sentence).	July 26, 1937, ch. 522, 50 Stat. 533.

The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying each of the personnel actions to which the prohibition applies. The words “in an Executive agency or in the competitive service” are added for clarity. The sentence “All Acts or parts of Acts inconsistent herewith are repealed.” is omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments1971–1978 · 2 rounds

1978

Pub. L. 95–454, renumbered section 7152 of this title as this section.

1971

Pub. L. 92–187 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Credits

1966–1978 · 3 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7152
1971Pub. L. 92–187, § 3, Dec. 15, 1971, 85 Stat. 644
1978renumbered § 7202, Pub. L. 95–454, title VII, § 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7152; Pub. L. 92–187, § 3, Dec. 15, 1971, 85 Stat. 644; renumbered § 7202, Pub. L. 95–454, title VII, § 703(a)(1), Oct. 13, 1978, 92 Stat. 1216.)