29 U.S.C. § 794a — Remedies and attorney fees

Page 301 TITLE 29—LABOR § 794a 2002—Subsec. (b)(2)(B). Pub. L. 107–110 substituted ‘‘section 7801 of title 20’’ for ‘‘section 8801 of title 20’’. 1998—Subsec. (a). Pub. L. 105–220 substituted ‘‘section 705(20)’’ for ‘‘section 706(8)’’. 1994—Subsec. (b)(2)(B). Pub. L. 103–382 substituted ‘‘section 8801 of title 20’’ for ‘‘section 2891(12) of title 20’’. 1992—Subsec. (a). Pub. L. 102–569, § 102(p)(32), sub- stituted ‘‘a disability’’ for ‘‘handicaps’’ and ‘‘dis- ability’’ for ‘‘handicap’’ in first sentence. Subsec. (d). Pub. L. 102–569, § 506, added subsec. (d). 1988—Subsec. (a). Pub. L. 100–630, § 206(d)(1), sub- stituted ‘‘her or his handicap’’ for ‘‘his handicap’’. Pub. L. 100–259, § 4(1), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 100–259, § 4(2), added subsec. (b). Subsec. (b)(2)(B). Pub. L. 100–630, § 206(d)(2), sub- stituted ‘‘section 2891(12) of title 20’’ for ‘‘section 2854(a)(10) of title 20’’. Subsec. (c). Pub. L. 100–259, § 4(2), added subsec. (c). 1986—Pub. L. 99–506 substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’ and ‘‘section 706(8) of this title’’ for ‘‘section 706(7) of this title’’. 1978—Pub. L. 95–602 substituted ‘‘section 706(7) of this title’’ for ‘‘section 706(6) of this title’’ and inserted pro- vision prohibiting discrimination under any program or activity conducted by any Executive agency or by the United States Postal Service and requiring the heads of these agencies to promulgate regulations prohibiting discrimination. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. EXCLUSION FROM COVERAGE Amendment by Pub. L. 100–259 not to be construed to extend application of this chapter to ultimate bene- ficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100–259, set out as a Construction note under section 1687 of Title 20, Education. ABORTION NEUTRALITY Amendment by Pub. L. 100–259 not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100–259, set out as a note under section 1688 of Title 20, Education. CONSTRUCTION OF PROHIBITION AGAINST DISCRIMINATION UNDER FEDERAL GRANTS Rights or protections of this section not affected by any provision of Pub. L. 98–457, see section 127 of Pub. L. 98–457, set out as a note under section 5101 of Title 42, The Public Health and Welfare. 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 section by the Attorney General, see section 1–201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d–1 of Title 42, The Public Health and Welfare. EXECUTIVE ORDER NO. 11914 Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related to nondiscrimination in federally assisted pro- grams, was revoked by Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d–1 of Title 42, The Public Health and Welfare. § 794a. Remedies and attorney fees (a)(1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), including the applica- tion of sections 706(f) through 706(k) (42 U.S.C. 2000e–5(f) through (k)) (and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under section 791 of this title, to any employee or ap- plicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fash- ioning an equitable or affirmative action rem- edy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternatives therefor or other ap- propriate relief in order to achieve an equitable and appropriate remedy. (2) The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), ap- plied to claims of discrimination in compensa- tion) shall be available to any person aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistance under section 794 of this title. (b) In any action or proceeding to enforce or charge a violation of a provision of this sub- chapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs. (Pub. L. 93–112, title V, § 505, as added Pub. L. 95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2982; amended Pub. L. 111–2, § 5(c)(1), Jan. 29, 2009, 123 Stat. 6.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. AMENDMENTS 2009—Subsec. (a)(1). Pub. L. 111–2, § 5(c)(1)(A), inserted ‘‘(and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims of discrimination in compensa- tion)’’ after ‘‘(42 U.S.C. 2000e–5(f) through (k))’’. Subsec. (a)(2). Pub. L. 111–2, § 5(c)(1)(B), inserted ‘‘(42 U.S.C. 2000d et seq.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation)’’ after ‘‘1964’’. Page 302 TITLE 29—LABOR § 794b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–2 effective as if enacted May 28, 2007, and applicable to certain claims of dis- crimination in compensation pending on or after that date, see section 6 of Pub. L. 111–2, set out as a note under section 2000e–5 of Title 42, The Public Health and Welfare. § 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions (a) The Secretary may provide directly or by contract with State vocational rehabilitation agencies or experts or consultants or groups thereof, technical assistance— (1) to persons operating community rehabili- tation programs; and (2) with the concurrence of the Access Board established by section 792 of this title, to any public or nonprofit agency, institution, or or- ganization; for the purpose of assisting such persons or enti- ties in removing architectural, transportation, or communication barriers. Any concurrence of the Access Board under paragraph (2) shall re- flect its consideration of cost studies carried out by States. (b) Any such experts or consultants, while serving pursuant to such contracts, shall be en- titled to receive compensation at rates fixed by the Secretary, but not exceeding the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under sec- tion 5382 of title 5, including travel time, and while so serving away from their homes or reg- ular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service em- ployed intermittently. (c) The Secretary, with the concurrence of the Access Board and the President, may provide, directly or by contract, financial assistance to any public or nonprofit agency, institution, or organization for the purpose of removing archi- tectural, transportation, and communication barriers. No assistance may be provided under this subsection until a study demonstrating the need for such assistance has been conducted and submitted under section 792(i)(1) of this title. (d) In order to carry out this section, there are authorized to be appropriated such sums as may be necessary. (Pub. L. 93–112, title V, § 506, as added Pub. L. 95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 100–630, title II, § 206(e), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title V, § 507, Oct. 29, 1992, 106 Stat. 4428; Pub. L. 105–220, title IV, § 408(a)(4), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 105–394, title II, § 203(b), Nov. 13, 1998, 112 Stat. 3653.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–220, § 408(a)(4)(A), in con- cluding provisions, inserted last sentence and struck out former last sentence which read as follows: ‘‘Any concurrence of the Access Board under this paragraph shall reflect its consideration of the cost studies car- ried out by States under section 792(c)(1) of this title.’’ Subsec. (c). Pub. L. 105–394 substituted ‘‘792(i)(1)’’ for ‘‘792(h)(1)’’. Pub. L. 105–220, § 408(a)(4)(B), substituted ‘‘provided under this subsection’’ for ‘‘provided under this para- graph’’. 1992—Subsec. (a). Pub. L. 102–569, § 507(a), (b), sub- stituted ‘‘community rehabilitation programs’’ for ‘‘re- habilitation facilities’’ in par. (1) and inserted ‘‘Access’’ before ‘‘Board’’ in par. (2) and concluding provisions. Subsec. (b). Pub. L. 102–569, § 507(c), substituted ‘‘the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382’’ for ‘‘the rate of basic pay payable for grade GS–18 of the General Schedule, under section 5332’’. Subsec. (c). Pub. L. 102–569, § 507(a), (d), inserted ‘‘Ac- cess’’ before ‘‘Board’’ and substituted ‘‘792(h)(1)’’ for ‘‘792(h)(2)’’. 1988—Subsec. (a). Pub. L. 100–630, § 206(e)(1), (2), redes- ignated former par. (1) as subsec. (a) and former sub- pars. (A) and (B) as pars. (1) and (2), respectively. Subsec. (b). Pub. L. 100–630, § 206(e)(1), (3), redesig- nated former par. (2) as subsec. (b) and substituted ‘‘travel time’’ for ‘‘traveltime’’. Subsec. (c). Pub. L. 100–630, § 206(e)(1), (4), redesig- nated former par. (3) as subsec. (c) and inserted a comma after ‘‘the President’’. Subsec. (d). Pub. L. 100–630, § 206(e)(1), redesignated former par. (4) as subsec. (d). § 794c. Interagency Disability Coordinating Council (a) Establishment There is hereby established an Interagency Disability Coordinating Council (hereafter in this section referred to as the ‘‘Council’’) com- posed of the Secretary of Education, the Sec- retary of Health and Human Services, the Sec- retary of Labor, the Secretary of Housing and Urban Development, the Secretary of Transpor- tation, the Assistant Secretary of the Interior for Indian Affairs, the Attorney General, the Di- rector of the Office of Personnel Management, the Chairperson of the Equal Employment Op- portunity Commission, the Chairperson of the Architectural and Transportation Barriers Com- pliance Board, the Chairperson of the National Council on Disability, and such other officials as may be designated by the President. (b) Duties The Council shall— (1) have the responsibility for developing and implementing agreements, policies, and prac- tices designed to maximize effort, promote ef- ficiency, and eliminate conflict, competition, duplication, and inconsistencies among the op- erations, functions, and jurisdictions of the various departments, agencies, and branches of the Federal Government responsible for the implementation and enforcement of the provi- sions of this subchapter, and the regulations prescribed thereunder; (2) be responsible for developing and imple- menting agreements, policies, and practices designed to coordinate operations, functions, and jurisdictions of the various departments and agencies of the Federal Government re- sponsible for promoting the full integration into society, independence, and productivity of individuals with disabilities; and