42 U.S.C. § 1982 — Property rights of citizens

Page 5234 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1982 (3) Reasonable accommodation and good faith effort In cases where a discriminatory practice in- volves the provision of a reasonable accommo- dation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 [42 U.S.C. 12112(b)(5)] or regulations implementing section 791 of title 29, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in con- sultation with the person with the disability who has informed the covered entity that ac- commodation is needed, to identify and make a reasonable accommodation that would pro- vide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business. (b) Compensatory and punitive damages (1) Determination of punitive damages A complaining party may recover punitive damages under this section against a respond- ent (other than a government, government agency or political subdivision) if the com- plaining party demonstrates that the respond- ent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual. (2) Exclusions from compensatory damages Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964 [42 U.S.C. 2000e–5(g)]. (3) Limitations The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, in- convenience, mental anguish, loss of enjoy- ment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party— (A) in the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000; (B) in the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000; and (C) in the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and (D) in the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or pre- ceding calendar year, $300,000. (4) Construction Nothing in this section shall be construed to limit the scope of, or the relief available under, section 1981 of this title. (c) Jury trial If a complaining party seeks compensatory or punitive damages under this section— (1) any party may demand a trial by jury; and (2) the court shall not inform the jury of the limitations described in subsection (b)(3). (d) Definitions As used in this section: (1) Complaining party The term ‘‘complaining party’’ means— (A) in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity Commission, the Attorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or (B) in the case of a person seeking to bring an action under subsection (a)(2), the Equal Employment Opportunity Commission, the Attorney General, a person who may bring an action or proceeding under section 794a(a)(1) of title 29, or a person who may bring an action or proceeding under title I of the Americans with Disabilities Act of 1990 [42 U.S.C. 12111 et seq.]. (2) Discriminatory practice The term ‘‘discriminatory practice’’ means the discrimination described in paragraph (1), or the discrimination or the violation de- scribed in paragraph (2), of subsection (a). (R.S. § 1977A, as added Pub. L. 102–166, title I, § 102, Nov. 21, 1991, 105 Stat. 1072.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (d)(1)(A), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to sub- chapter VI (§ 2000e et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (d)(1)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under section 1981 of this title. § 1982. Property rights of citizens All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, pur- chase, lease, sell, hold, and convey real and per- sonal property. (R.S. § 1978.) Editorial Notes CODIFICATION R.S. § 1978 derived from act Apr. 9, 1866, ch. 31, § 1, 14 Stat. 27. Page 5235 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1982 Section was formerly classified to section 42 of Title 8, Aliens and Nationality. Executive Documents EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended by Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939, provided: WHEREAS the granting of Federal assistance for the provision, rehabilitation, or operation of housing and related facilities from which Americans are excluded because of their race, color, creed, or national origin is unfair, unjust, and inconsistent with the public policy of the United States as manifested in its Constitution and laws; and WHEREAS the Congress in the Housing Act of 1949 [see Short Title note set out under section 1441 of this title] has declared that the general welfare and secu- rity of the Nation and the health and living standards of its people require the realization as soon as feasible of the goal of a decent home and a suitable living envi- ronment for every American family; and WHEREAS discriminatory policies and practices based upon race, color, creed, or national origin now operate to deny many Americans the benefits of hous- ing financed through Federal assistance and as a con- sequence prevent such assistance from providing them with an alternative to substandard, unsafe, unsanitary, and overcrowded housing; and WHEREAS such discriminatory policies and practices result in segregated patterns of housing and necessarily produce other forms of discrimination and segregation which deprive many Americans of equal opportunity in the exercise of their unalienable rights to life, liberty, and the pursuit of happiness; and WHEREAS the executive branch of the Government, in faithfully executing the laws of the United States which authorize Federal financial assistance, directly or indirectly, for the provision, rehabilitation, and op- eration of housing and related facilities, is charged with an obligation and duty to assure that those laws are fairly administered and that benefits thereunder are made available to all Americans without regard to their race, color, creed, or national origin: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Con- stitution and laws of the United States, it is ordered as follows: PART I—PREVENTION OF DISCRIMINATION SECTION 101. I hereby direct all departments and agencies in the executive branch of the Federal Govern- ment, insofar as their functions relate to the provision, rehabilitation, or operation of housing and related fa- cilities, to take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), sex, disability, familial status or national ori- gin— (a) in the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related fa- cilities are— (i) owned or operated by the Federal Government, or (ii) provided in whole or in part with the aid of loans, advances, grants, or contributions hereafter agreed to be made by the Federal Government, or (iii) provided in whole or in part by loans hereafter insured, guaranteed, or otherwise secured by the credit of the Federal Government, or (iv) provided by the development or the redevelop- ment of real property purchased, leased, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under a loan of grant contract hereafter entered into; and (b) in the lending practices with respect to residen- tial property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans hereafter in- sured or guaranteed by the Federal Government. SEC. 102. I hereby direct the Department of Housing and Urban Development and all other executive depart- ments and agencies to use their good offices and to take other appropriate action permitted by law, includ- ing the institution of appropriate litigation, if re- quired, to promote the abandonment of discriminatory practices with respect to residential property and re- lated facilities heretofore provided with Federal finan- cial assistance of the types referred to in Section 101(a)(ii), (iii), and (iv). PART II—IMPLEMENTATION BY DEPARTMENTS AND AGENCIES SEC. 201. Each executive department and agency sub- ject to this order is directed to submit to the Presi- dent’s Committee on Equal Opportunity in Housing es- tablished pursuant to Part IV of this order (hereinafter sometimes referred to as the Committee), within thirty days from the date of this order, a report outlining all current programs administered by it which are affected by this order. SEC. 202. Each such department and agency shall be primarily responsible for obtaining compliance with the purposes of this order as the order applies to pro- grams administered by it; and is directed to cooperate with the Committee, to furnish it, in accordance with law, such information and assistance as it may request in the performance of its functions, and to report to it at such intervals as the Committee may require. SEC. 203. Each such department and agency shall, within thirty days from the date of this order, issue such rules and regulations, adopt such procedures and policies, and make such exemptions and exceptions as may be consistent with law and necessary or appro- priate to effectuate the purposes of this order. Each such department and agency shall consult with the Committee in order to achieve such consistency and uniformity as may be feasible. PART III—ENFORCEMENT SEC. 301. The Committee, any subcommittee thereof, and any officer or employee designated by any execu- tive department or agency subject to this order may hold such hearings, public or private, as the Com- mittee, department, or agency may deem advisable for compliance, enforcement, or educational purposes. SEC. 302. If any executive department or agency sub- ject to this order concludes that any person or firm (in- cluding but not limited to any individual, partnership, association, trust, or corporation) or any State or local public agency has violated any rule, regulation, or pro- cedure issued or adopted pursuant to this order, or any nondiscrimination provision included in any agreement or contract pursuant to any such rule, regulation, or procedure, it shall endeavor to end and remedy such violation by informal means, including conference, con- ciliation, and persuasion unless similar efforts made by another Federal department or agency have been un- successful. In conformity with rules, regulations, pro- cedures, or policies issued or adopted by it pursuant to Section 203 hereof, a department or agency may take such action as may be appropriate under its governing laws, including, but not limited to, the following: It may— (a) cancel or terminate in whole or in part any agree- ment or contract with such person, firm, or State or local public agency providing for a loan, grant, con- tribution, or other Federal aid, or for the payment of a commission or fee; (b) refrain from extending any further aid under any program administered by it and affected by this order until it is satisfied that the affected person, firm, or State or local public agency will comply with the rules, regulations, and procedures issued or adopted pursuant to this order, and any nondiscrimination provisions in- cluded in any agreement or contract; Page 5236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1983 (c) refuse to approve a lending institution or any other lender as a beneficiary under any program admin- istered by it which is affected by this order or revoke such approval if previously given. SEC. 303. In appropriate cases executive departments and agencies shall refer to the Attorney General viola- tions of any rules, regulations, or procedures issued or adopted pursuant to this order, or violations of any nondiscrimination provisions included in any agree- ment or contract, for such civil or criminal action as he may deem appropriate. The Attorney General is au- thorized to furnish legal advice concerning this order to the Committee and to any department or agency re- questing such advice. SEC. 304. Any executive department or agency af- fected by this order may also invoke the sanctions pro- vided in Section 302 where any person or firm, includ- ing a lender, has violated the rules, regulations, or pro- cedures issued or adopted pursuant to this order, or the nondiscrimination provisions included in any agree- ment or contract, with respect to any program affected by this order administered by any other executive de- partment or agency. PART IV—ESTABLISHMENT OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] PART V—POWERS AND DUTIES OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] SEC. 502. (a) The Committee shall take such steps as it deems necessary and appropriate to promote the co- ordination of the activities of departments and agen- cies under this order. In so doing, the Committee shall consider the overall objectives of Federal legislation relating to housing and the right of every individual to participate without discrimination because of race, color, religion (creed), sex, disability, familial status or national origin in the ultimate benefits of the Federal programs subject to this order. (b) The Committee may confer with representatives of any department or agency, State or local public agency, civic, industry, or labor group, or any other group directly or indirectly affected by this order; ex- amine the relevant rules, regulations, procedures, poli- cies, and practices of any department or agency subject to this order and make such recommendations as may be necessary or desirable to achieve the purposes of this order. (c) The Committee shall encourage educational pro- grams by civic, educational, religious, industry, labor, and other nongovernmental groups to eliminate the basic causes of discrimination in housing and related facilities provided with Federal assistance. SEC. 503. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] PART VI—MISCELLANEOUS SEC. 601. As used in this order, the term ‘‘depart- ments and agencies’’ includes any wholly-owned or mixed-ownership Government corporation, and the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories of the United States. SEC. 602. This order shall become effective imme- diately. [Functions of President’s Committee on Equal Oppor- tunity in Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing and Urban Development by Ex. Ord. No. 12892, § 6–604(a), Jan. 17, 1994, 59 F.R. 2939, set out as a note under section 3608 of this title.] § 1983. Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial of- ficer for an act or omission taken in such offi- cer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Con- gress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.) Editorial Notes CODIFICATION R.S. § 1979 derived from act Apr. 20, 1871, ch. 22, § 1, 17 Stat. 13. Section was formerly classified to section 43 of Title 8, Aliens and Nationality. AMENDMENTS 1996—Pub. L. 104–317 inserted before period at end of first sentence ‘‘, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable’’. 1979—Pub. L. 96–170 inserted ‘‘or the District of Co- lumbia’’ after ‘‘Territory’’, and provisions relating to Acts of Congress applicable solely to the District of Co- lumbia. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Ju- dicial Procedure. § 1984. Omitted Editorial Notes CODIFICATION Section, act Mar. 1, 1875, ch. 114, § 5, 18 Stat. 337, which was formerly classified to section 46 of Title 8, Aliens and Nationality, related to Supreme Court re- view of cases arising under act Mar. 1, 1875. Sections 1 and 2 of act Mar. 1, 1875 were declared unconstitutional in U.S. v. Singleton, 109 U.S. 3, and sections 3 and 4 of such act were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862. § 1985. Conspiracy to interfere with civil rights (1) Preventing officer from performing duties If two or more persons in any State or Terri- tory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any du- ties thereof; or to induce by like means any offi-