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42 U.S.C. § 18116 — Nondiscrimination

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

42 U.S.C. § 18116 — Nondiscrimination

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Source location: Title 42, Chapter 157, § 18116; chapter-157-quality-affordable-health-care-for-all-americans.md

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**(a) In general** Except as otherwise provided for in this title 11 See References in Text note below. (or an amendment made by this title),1 an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.), title IX of the Education Amendments of 1972 ([20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.), the Age Discrimination Act of 1975 ([42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.), or [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title 1 (or amendments). The enforcement mechanisms provided for and available under such title VI, title IX, section 794, or such Age Discrimination Act shall apply for purposes of violations of this subsection. **(b) Continued application of laws** Nothing in this title 1 (or an amendment made by this title) 1 shall be construed to invalidate or limit the rights, remedies, procedures, or legal standards available to individuals aggrieved under title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.), title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.), title IX of the Education Amendments of 1972 ([20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.), [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim), or the Age Discrimination Act of 1975 [[42 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.], or to supersede State laws that provide additional protections against discrimination on any basis described in subsection (a). **(c) Regulations** The Secretary may promulgate regulations to implement this section.

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

42 U.S.C. § 2000e — Definitions

For the purposes of this subchapter— **(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. **(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. **(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any

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

20 U.S.C. § 1681 — Sex

**(a) Prohibition against discrimination; exceptions** No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that: (1) **Classes of educational institutions subject to prohibition** — in regard to admissions to educational institutions, this section shall apply only to institutions of vocational education, professional education, and graduate higher education, and to public institutions of undergraduate higher education; (2) **Educational institutions commencing planned change in admissions** — in regard to admissions to educational institutions, this section shall not apply (A) for one year from June 23, 1972, nor for six years after June 23, 1972, in the case of an educational institution which has begun the process of changing from being an institution which admits only students of one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education or (B) for seven years from the date an educational institution begins the process of changing from being an institution which admits only students of only one sex to being an institution which admits students of both sexes, but only if it is carrying out a plan for such a change which is approved by the Secretary of Education, whichever is the later; (3) **Educational institutions of religious organizations with contrary religious tenets** — this section shall not apply to an educational institution which is controlled by a religious organization if the application of this subsection would not be consistent with the religious tenet

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42 U.S.C. § 6101 — Statement of purpose

It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.

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

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

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42 U.S.C. § 2000d — Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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

42 U.S.C. § 2000a — Prohibition against discrimination or segregation in places of public accommodation

**(a) Equal access** All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. **(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments** Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such cove

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

20 U.S.C. § 1681 — Sex

Page 1025 TITLE 20—EDUCATION § 1681 § 1653. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–318, title VIII, § 803, June 23, 1972, 86 Stat. 372, provided that the effectiveness of orders of district courts requiring transfer or transportation of students for purposes of achieving a balance among stu- dents with respect to race, sex, religion, or socio- economic status, be postponed until all appeals in con- nection with such orders have been exhausted or until expiration of the time for such appeals, expired at mid- night on Jan. 1, 1974. § 1654. Intervention authorization in implemen- tation of court orders A parent or guardian of a child, or parents or guardians of children similarly situated, trans- ported to a public school in accordance with a court order, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process. (Pub. L. 92–318, title VIII, § 804, June 23, 1972, 86 Stat. 372.) § 1655. Uniform rules of evidence of racial dis- crimination The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States. (Pub. L. 92–318, title VIII, § 805, June 23, 1972, 86 Stat. 372.) § 1656. Prohibition against official or court or- ders to achieve racial balance or insure com- pliance with constitutional standards appli- cable to entire United States The proviso of section 407(a) of the Civil Rights Act of 1964 [42 U.S.C. 2000c–6(a)] providing in substance that no court or official of the United States shall be empowered to issue

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

42 U.S.C. § 18116 — Nondiscrimination

Page 9140 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18115 1 See References in Text note below. 1 See References in Text note below. 1 See References in Text note below. (Pub. L. 111–148, title I, § 1554, Mar. 23, 2010, 124 Stat. 259.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. § 18115. Freedom not to participate in Federal health insurance programs No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health in- surance program created under this Act (or any amendments made by this Act), or in any Fed- eral health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs. (Pub. L. 111–148, title I, § 1555, Mar. 23, 2010, 124 Stat. 260.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables. § 18116. Nondiscrimination (a) In general Except as otherwise provided for in this title 1 (or an amendment made by this title),1 an indi- vidual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amend- ments of 1972 (20 U.S.

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42 U.S.C. § 2000d — Prohibition against exclusion from par-

Page 5254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000c–7 § 2000c–7. Liability of United States for costs In any action or proceeding under this sub- chapter the United States shall be liable for costs the same as a private person. (Pub. L. 88–352, title IV, § 408, July 2, 1964, 78 Stat. 249.) § 2000c–8. Personal suits for relief against dis- crimination in public education Nothing in this subchapter shall affect ad- versely the right of any person to sue for or ob- tain relief in any court against discrimination in public education. (Pub. L. 88–352, title IV, § 409, July 2, 1964, 78 Stat. 249.) § 2000c–9. Classification and assignment Nothing in this subchapter shall prohibit clas- sification and assignment for reasons other than race, color, religion, sex or national origin. (Pub. L. 88–352, title IV, § 410, July 2, 1964, 78 Stat. 249; Pub. L. 92–318, title IX, § 906(a), June 23, 1972, 86 Stat. 375.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–318 inserted ‘‘sex’’ after ‘‘religion,’’. SUBCHAPTER V—FEDERALLY ASSISTED PROGRAMS § 2000d. Prohibition against exclusion from par- ticipation in, denial of benefits of, and dis- crimination under federally assisted pro- grams on ground of race, color, or national origin No person in the United States shall, on the ground of race, color, or national origin, be ex- cluded from participation in, be denied the bene- fits of, or be subjected to discrimination under any program or activity receiving Federal finan- cial assistance. (Pub. L. 88–352, title VI, § 601, July 2, 1964, 78 Stat. 252.) Executive Documents COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS For provisions relating to the coordination of imple- mentation and enforcement of the provisions of this subchapter by the Attorney Ge

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42 U.S.C. § 2000e — Definitions

Page 5261 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000e part of the Civil Rights Act of 1964, title VI of which comprises this subchapter. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted for ‘‘Depart- ment of Health, Education, and Welfare’’ in subsec. (d) pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of Title 20, Edu- cation, and which transferred functions and offices (re- lating to education) of Department and Secretary of Health, Education, and Welfare to Secretary of Edu- cation. § 2000d–7. Civil rights remedies equalization (a) General provision (1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. (2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or pri- vate entity other than a State. (b) Effective date The provisions of subsection (a) shall take ef- fect with respect to violations that occur in whole or in part after October 21, 1986. (Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100 Stat. 1845.) Editorial Notes REFERENCES IN

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