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3 U.S.C. § 421 — Rights and protections under the Americans with Disabilities Act of 1990

Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 421 — Rights and protections under the Americans with Disabilities Act of 1990

**(a) Rights and Protections.—** The rights and protections against discrimination in the provision of public services and accommodations established by sections 201, 202, and 204, and sections 302, 303, and 309, of the Americans with Disabilities Act of 1990 shall apply, to the extent that public services, programs, or activities are provided, with respect to the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President. **(b) Remedy.—** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 203 or 308 of the Americans with Disabilities Act of 1990, as the case may be, except that, with respect to any claim of employment discrimination, the exclusive remedy shall be under [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411&num=0&edition=prelim). A remedy under the preceding sentence shall be enforced in accordance with applicable provisions of such section 203 or 308, as the case may be. **(c) Definition.—** For purposes of the application under this section of the Americans with Disabilities Act of 1990, the term “public entity” as used in such Act, means, to the extent that public services, programs, or activities are provided, the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President. **(d) Regulations To Implement Section.—** (1) **In general.—** — T

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Source file: Laws/federal/codes/united-states-code/title-3/section-421-rights-and-protections-under-the-americans-with-disabilities-act-of-1990--971cb39e27.md
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Source location: Title 3, Chapter 5, § 421; chapter-005-extension-of-certain-rights-and-protections-to-presidential-offices.md

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**(a) Rights and Protections.—** The rights and protections against discrimination in the provision of public services and accommodations established by sections 201, 202, and 204, and sections 302, 303, and 309, of the Americans with Disabilities Act of 1990 shall apply, to the extent that public services, programs, or activities are provided, with respect to the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President. **(b) Remedy.—** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 203 or 308 of the Americans with Disabilities Act of 1990, as the case may be, except that, with respect to any claim of employment discrimination, the exclusive remedy shall be under [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411&num=0&edition=prelim). A remedy under the preceding sentence shall be enforced in accordance with applicable provisions of such section 203 or 308, as the case may be. **(c) Definition.—** For purposes of the application under this section of the Americans with Disabilities Act of 1990, the term “public entity” as used in such Act, means, to the extent that public services, programs, or activities are provided, the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President. **(d) Regulations To Implement Section.—** (1) **In general.—** — The President, or the designee of the President, shall issue regulations to implement this section. (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 subsections (a) and (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 1, 2, 3, or 6 of the Act entitled “An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped”, approved August 12, 1968 (commonly known as the “Architectural Barriers Act of 1968”) or section 501 of the Rehabilitation Act of 1973 that applies to agencies of the executive branch of the Federal Government in lieu of an analogous statutory provision referred to in subsection (a) or (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 agencies of the executive branch of the Federal Government. **(e) Effective Date.—** Subsections (a), (b), and (c) shall take effect on the earlier of— (1) the effective date of regulations issued under subsection (d); or (2) October 1, 1998.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 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

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 791 — Research and demonstration projects

**(a) Multiple and interrelated service needs of individuals with handicaps; report to Congress** The Secretary of Education is authorized to make grants to, and to enter into contract with, public and nonprofit agencies and organizations for the purpose of research and demonstration projects specifically designed to address the multiple and interrelated service needs of individuals with handicaps, the elderly, and children, youths, adults, and families. A report evaluating each project funded under this section shall be submitted to appropriate committees of the Congress within four months after the date each such project is completed. **(b) Authorization of appropriations** There are authorized to be appropriated to carry out this section such sums as may be necessary. No funds other than those appropriated pursuant to this subsection can be used for the conduct of research specifically authorized by this section. **(c) Study on impact of vocational rehabilitation services; transmittal to Congress** Within one year after the date appropriations are made under subsection (b) for purposes of research and demonstration projects under subsection (a), the Secretary shall prepare and transmit to the Congress a study concerning the impact of vocational rehabilitation services provided under the Rehabilitation Act of 1973 [[29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.] on recipients of disability payments under titles II and XVI of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq., 1381 et seq.]. The study shall examine the relationship between the vocational rehabilitation services provided unde

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 3905 — Attorney’s fees and interest

**(a) Attorney’s Fees.—** If a covered employee, with respect to any claim under chapter 5 of title 3, or a qualified person with a disability, with respect to any claim under [section 421 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section421&num=0&edition=prelim), is a prevailing party in any proceeding under section 1296 or section 1346(g), the court may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964. **(b) Interest.—** In any proceeding under section 1296 or section 1346(g), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964. **(c) Punitive Damages.—** Except as otherwise provided in chapter 5 of title 3, no punitive damages may be awarded with respect to any claim under chapter 5 of title 3.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 421 — Rights and protections under the Ameri-

Page 63 TITLE 3—THE PRESIDENT § 421 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title. § 416. Rights and protections relating to vet- erans’ employment and reemployment (a) EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.— (1) IN GENERAL.—It shall be unlawful for an employing office to— (A) discriminate, within the meaning of subsections (a) and (b) of section 4311 of title 38, against an eligible employee; (B) deny to an eligible employee reemploy- ment rights within the meaning of sections 4312 and 4313 of title 38; or (C) deny to an eligible employee benefits within the meaning of sections 4316, 4317, and 4318 of title 38. (2) DEFINITION.—For purposes of this section, the term ‘‘eligible employee’’ means a covered employee performing service in the uniformed services, within the meaning of section 4303(13) of title 38, whose service has not been termi- nated upon the occurrence of any of the events enumerated in section 4304 of such title. (b) REMEDY.—The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 4323(d) of title 38. (c) REGULATIONS TO IMPLEMENT SECTION.— (1) IN GENERAL.—The President, or the des- ignee of the President, shall issue regulations to implement this section. (2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statu- tory provisions referred to in subsections (a) and (b)— (A) except to the

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