Browse Arkansas Code titles and sections
2 U.S.C. § 1317 — Prohibition of intimidation or reprisal
Federal law — U.S. Code and appendices · legal_authorities
Page 316
TITLE 2—THE CONGRESS
§ 1317
1 See References in Text note below.
the Fair Chance to Compete for Jobs Act of
2019 1 to implement the statutory provisions
referred to in subsections (a) through (c) ex-
cept to the extent that the Board may deter-
mine, for good cause shown and stated to-
gether with the regulation, that a modifica-
tion of such regulations would be more effec-
tive for the implementation of the rights and
protections under this section.
(e) Effective date
Section 1302(a)(12) of this title and subsections
(a) through (c) shall take effect on the date on
which section 9202 of title 5 applies with respect
to agencies.
(Pub. L. 104–1, title II, § 207, as added Pub. L.
116–92, div. A, title XI, § 1122(d)(1)(C), Dec. 20,
2019, 133 Stat. 1608.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (c)(2), was in
the original ‘‘this title’’, meaning title II of Pub. L.
104–1, Jan. 23, 1995, 109 Stat. 7, which is classified prin-
cipally to this subchapter. For complete classification
of title II to the Code, see Tables.
Section 2(b)(1) of the Fair Chance to Compete for
Jobs Act of 2019, referred to in subsec. (d)(2), probably
means section 1122(b)(1) of Pub. L. 116–92, which relates
to regulations and is set out as a note under section
9201 of Title 5, Government Organization and Employ-
ees. Section 1122 of Pub. L. 116–92 is the second section
of the Fair Chance to Compete for Jobs Act of 2019,
which was enacted as subtitle B of title XI of Pub. L.
116–92.
PRIOR PROVISIONS
A prior section 207 of Pub. L. 104–1 was renumbered
section 208 and is classified to section 1317 of this title.
§ 1317. Prohibition of intimidation or reprisal
(a) In general
It shall be unlawful for an employing office to
intimida
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Source file: Laws/federal/codes/united-states-code-2024/title-2/section-1317-prohibition-of-intimidation-or-reprisal--20cb2c5aa0.md
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Source location: USCODE-2024-title2-chap24-subchapII-partA-sec1317.pdf
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Page 316
TITLE 2—THE CONGRESS
§ 1317
1 See References in Text note below.
the Fair Chance to Compete for Jobs Act of
2019 1 to implement the statutory provisions
referred to in subsections (a) through (c) ex-
cept to the extent that the Board may deter-
mine, for good cause shown and stated to-
gether with the regulation, that a modifica-
tion of such regulations would be more effec-
tive for the implementation of the rights and
protections under this section.
(e) Effective date
Section 1302(a)(12) of this title and subsections
(a) through (c) shall take effect on the date on
which section 9202 of title 5 applies with respect
to agencies.
(Pub. L. 104–1, title II, § 207, as added Pub. L.
116–92, div. A, title XI, § 1122(d)(1)(C), Dec. 20,
2019, 133 Stat. 1608.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (c)(2), was in
the original ‘‘this title’’, meaning title II of Pub. L.
104–1, Jan. 23, 1995, 109 Stat. 7, which is classified prin-
cipally to this subchapter. For complete classification
of title II to the Code, see Tables.
Section 2(b)(1) of the Fair Chance to Compete for
Jobs Act of 2019, referred to in subsec. (d)(2), probably
means section 1122(b)(1) of Pub. L. 116–92, which relates
to regulations and is set out as a note under section
9201 of Title 5, Government Organization and Employ-
ees. Section 1122 of Pub. L. 116–92 is the second section
of the Fair Chance to Compete for Jobs Act of 2019,
which was enacted as subtitle B of title XI of Pub. L.
116–92.
PRIOR PROVISIONS
A prior section 207 of Pub. L. 104–1 was renumbered
section 208 and is classified to section 1317 of this title.
§ 1317. Prohibition of intimidation or reprisal
(a) In general
It shall be unlawful for an employing office to
intimidate, take reprisal against, or otherwise
discriminate against, any covered employee be-
cause the covered employee has opposed any
practice made unlawful by this chapter, or be-
cause the covered employee has initiated pro-
ceedings, made a charge, or testified, assisted,
or participated in any manner in a hearing or
other proceeding under this chapter.
(b) Remedy
The remedy available for a violation of sub-
section (a) shall be such legal or equitable rem-
edy as may be appropriate to redress a violation
of subsection (a).
(Pub. L. 104–1, title II, § 208, formerly § 207, Jan.
23, 1995, 109 Stat. 13; renumbered § 208, Pub. L.
116–92, div. A, title XI, § 1122(d)(1)(B), Dec. 20,
2019, 133 Stat. 1608.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23,
1995, 109 Stat. 3, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of
this title and Tables.
PART
B—PUBLIC
SERVICES
AND
ACCOMMODA-
TIONS
UNDER
AMERICANS
WITH
DISABILITIES
ACT OF 1990
§ 1331. Rights and protections under Americans
with Disabilities Act of 1990 relating to pub-
lic 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 Representa-
tives, 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 accom-
modations
(1) Rights and protections
The rights and protections against discrimi-
nation 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.
12131–12150, 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 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 Ameri-
cans with Disabilities Act of 1990 (42 U.S.C.
12133, 12188(a)), except that, with respect to any
claim of employment discrimination asserted by
any covered employee, the exclusive remedy
shall be under section 1311 of this title.
(d) Available procedures
(1) Charge filed with General Counsel
A qualified individual with a disability, as
defined in section 201(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131(2)), who
alleges a violation of subsection (b) by an enti-
ty listed in subsection (a), may file a charge
against any entity responsible for correcting
the violation with the General Counsel within
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** It shall be unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee because the covered employee has opposed any practice made unlawful by this chapter, or because the covered employee has initiated proceedings, made a charge, or testified, assisted, or participated in any manner in a hearing or other proceeding under this chapter.
**(b) Remedy** The remedy available for a violation of subsection (a) shall be such legal or equitable remedy as may be appropriate to redress a violation of subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1317
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Federal law — U.S. Code and appendices · legal_authorities
Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-10&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12131
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12131. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8246
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12117
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 24 months after July 26, 1990, see
section 108 of Pub. L. 101–336, set out as a note under
section 12111 of this title.
§ 12117. 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, rem-
edies, 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, concerning em-
ployment.
(b) Coordination
The agencies with enforcement authority for
actions which allege employment discrimina-
tion under this subchapter and under the Reha-
bilitation Act of 1973 [29 U.S.C. 701 et seq.] shall
develop procedures to ensure that administra-
tive complaints filed under this subchapter and
under the Rehabilitation Act of 1973 are dealt
with in a manner that avoids duplication of ef-
fort 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 Gen-
eral, and the Office of Federal Contract Compli-
ance Programs shall establish such coordinating
mechanisms (similar to provisions contained in
the joint regulations promulgated by the Com-
mission and the Attorney General at part 42 of
title 28 and part 1691 of title 29, Code of Federal
Regulations, and the Memorandum of Under-
standing between the Commission and the Office
of Federal Contract Compl
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12131
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12131. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12133
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12133. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12133. This identifies an authority to review, not proof of applicability.