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42 U.S.C. § 12133 — Enforcement

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

42 U.S.C. § 12133 — Enforcement

**(a) Powers, remedies, and procedures** The powers, remedies, and procedures set forth in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under [section 12116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12116&num=0&edition=prelim), concerning employment. **(b) Coordination** The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and 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.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation

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Stable record: federal_law:legal_authorities:record_usc_d7dbb1bec9a7a36fc7f57e95
Source file: Laws/federal/codes/united-states-code/title-42/section-12133-enforcement--743937f2f7.md
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Source location: Title 42, Chapter 126, § 12133; chapter-126-equal-opportunity-for-individuals-with-disabilities.md

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**(a) Powers, remedies, and procedures** The powers, remedies, and procedures set forth in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under [section 12116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12116&num=0&edition=prelim), concerning employment. **(b) Coordination** The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and 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.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990.

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

42 U.S.C. § 12116 — Defenses

**(a) In general** It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this subchapter. **(b) Qualification standards** The term “qualification standards” may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. **(c) Qualification standards and tests related to uncorrected vision** Notwithstanding [section 12102(4)(E)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102/4/E/ii&num=0&edition=prelim), a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity. **(d) Religious entities** (1) **In general** — This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (2) **Religious tenets requirement** — Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12116

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

42 U.S.C. § 12111 — Findings and purpose

**(a) Findings** The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12111

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

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701

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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

2 U.S.C. § 1331 — Rights and protections under Americans with Disabilities Act of 1990 relating to public services and accommodations; procedures for remedy of violations

**(a) Entities subject to this section** The requirements of this section shall apply to— (1) each office of the Senate, including each office of a Senator and each committee; (2) each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee; (3) each joint committee of the Congress; (4) the Office of Congressional Accessibility Services; (5) the Capitol Police; (6) the Congressional Budget Office; (7) the Office of the Architect of the Capitol (including the Botanic Garden); (8) the Office of the Attending Physician; (9) the Office of Congressional Workplace Rights; (10) the Office of Technology Assessment; and (11) the Library of Congress. **(b) Discrimination in public services and accommodations** (1) **Rights and protections** — The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131–121&num=0&edition=prelim)50, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a). (2) **Definitions** — For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities. **(c) Remedy** The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1331

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

29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 701

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

42 U.S.C. § 12133 — Enforcement

Page 8247 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12134 SECTION 1. Policy. This order is issued consistent with the following findings and principles: (a) The United States is committed to community- based alternatives for individuals with disabilities and recognizes that such services advance the best interests of Americans. (b) The United States seeks to ensure that America’s community-based programs effectively foster independ- ence and participation in the community for Ameri- cans with disabilities. (c) Unjustified isolation or segregation of qualified individuals with disabilities through institutionaliza- tion is a form of disability-based discrimination prohib- ited by Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 [12131] et seq. States must avoid disability-based discrimination unless doing so would fundamentally alter the nature of the service, program, or activity provided by the State. (d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the ‘‘Olmstead decision’’), the Supreme Court construed Title II of the ADA [42 U.S.C. 12131 et seq.] to require States to place qualified individuals with mental dis- abilities in community settings, rather than in institu- tions, whenever treatment professionals determine that such placement is appropriate, the affected persons do not oppose such placement, and the State can reason- ably accommodate the placement, taking into account the resources available to the State and the needs of others with disabilities. (e) The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the oppor- tunity to live close to their families and friends, to live more independently, to engage in productive

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12133

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