Browse Arkansas Code titles and sections
42 U.S.C. § 18116 — Nondiscrimination
Federal law — U.S. Code and appendices · legal_authorities
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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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.C. 1681 et seq.), the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.), or section 794 of title 29, 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 receiv-
ing Federal financial assistance, including cred-
its, 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 enforce-
ment 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 et seq.), title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.), title IX of
the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), section 794 of title 29, or the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], or to supersede State laws that provide ad-
ditional protections against discrimination on
any basis described in subsection (a).
(c) Regulations
The Secretary may promulgate regulations to
implement this section.
(Pub. L. 111–148, title I, § 1557, Mar. 23, 2010, 124
Stat. 260.)
Editorial Notes
REFERENCES IN TEXT
This title, referred to in subsecs. (a) and (b), is title
I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which
enacted this chapter and enacted, amended, and trans-
ferred numerous other sections and notes in the Code.
For complete classification of title I to the Code, see
Tables.
The Civil Rights Act of 1964, referred to in subsecs.
(a) and (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241.
Titles VI and VII of the Act are classified generally to
subchapters V (§ 2000d et seq.) and VI (§ 2000e et seq.), re-
spectively, of chapter 21 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 2000a of this title and Tables.
The Education Amendments of 1972, referred to in
subsecs. (a) and (b), is Pub. L. 92–318, June 23, 1972, 86
Stat. 235. Title IX of the Act, known as the Patsy
Takemoto Mink Equal Opportunity in Education Act,
is classified principally to chapter 38 (§ 1681 et seq.) of
Title 20, Education. For complete classification of title
IX to the Code, see Short Title note set out under sec-
tion 1681 of Title 20 and Tables.
The Age Discrimination Act of 1975, referred to in
subsecs. (a) and (b), is title III of Pub. L. 94–135, Nov. 28,
1975, 89 Stat. 728, which is classified generally to chap-
ter 76 (§ 6101 et seq.) of this title. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 6101 of this title and Tables.
§ 18117. Oversight
The Inspector General of the Department of
Health and Human Services shall have oversight
authority with respect to the administration
and implementation of this title 1 as it relates to
such Department.
(Pub. L. 111–148, title I, § 1559, Mar. 23, 2010, 124
Stat. 261.)
Editorial Notes
REFERENCES IN TEXT
This title, referred to in text, is title I of Pub. L.
111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this
chapter and enacted, amended, and transferred numer-
ous other sections and notes in the Code. For complete
classification of title I to the Code, see Tables.
§ 18118. Rules of construction
(a) No effect on antitrust laws
Nothing in this title 1 (or an amendment made
by this title) 1 shall be construed to modify, im-
pair, or supersede the operation of any of the
antitrust laws. For the purposes of this section,
the term ‘‘antitrust laws’’ has the meaning
given such term in subsection (a) of section 12 of
title 15, except that such term includes section
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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-sectio
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000d
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000d
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Federal law — U.S. Code and appendices · legal_authorities
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
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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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
Page 6644
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§§ 6081 to 6083
Stat. 1317; amended Pub. L. 93–45, title III, § 301(b), June
18, 1973, 87 Stat. 95; Pub. L. 94–103, title I, §§ 101(a),
110(a), Oct. 4, 1975, 89 Stat. 486, 489; Pub. L. 95–602, title
V, § 510(a), Nov. 6, 1978, 92 Stat. 3010; Pub. L. 97–35, title
IX, § 911(c), Aug. 13, 1981, 95 Stat. 563; Pub. L. 98–221,
title III, § 304, Feb. 22, 1984, 98 Stat. 35, authorized ap-
propriations for State allotments, prior to the general
amendment of this chapter by Pub. L. 98–527.
Section 6062, Pub. L. 88–164, title I, § 152, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2681; amended
Pub. L. 100–146, title IV, § 402, Oct. 29, 1987, 101 Stat. 853;
Pub. L. 101–496, § 17, Oct. 31, 1990, 104 Stat. 1200; Pub. L.
103–230, title IV, § 403, Apr. 6, 1994, 108 Stat. 320; Pub. L.
105–12, § 9(l)(3), Apr. 30, 1997, 111 Stat. 28, provided for
administration and operation grants.
A prior section 6062, Pub. L. 88–164, title I, § 132, as
added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84
Stat. 1317; amended Pub. L. 94–103, title I, § 110(b)–(e)(1),
title III, § 302(b)(1), Oct. 4, 1975, 89 Stat. 489, 490, 506;
Pub. L. 94–278, title XI, § 1107(a) Apr. 22, 1976, 90 Stat.
416; Pub. L. 95–602, title V, § 510(b), Nov. 6, 1978, 92 Stat.
3010, related to allotments to States, prior to the gen-
eral amendment of this chapter by Pub. L. 98–527.
Section 6063, Pub. L. 88–164, title I, § 153, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2682; amended
Pub. L. 100–146, title IV, § 403, Oct. 29, 1987, 101 Stat. 855;
Pub. L. 101–496, § 18, Oct. 31, 1990, 104 Stat. 1203; Pub. L.
103–230, title IV, § 404, Apr. 6, 1994, 108 Stat. 324, related
to applications.
A prior section 6063, Pub. L. 88–164, title I, § 1
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6101
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