United States Code

USC most recently checked for updates: Sep 25, 2020

§ 1311.
Rights and protections under title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Rehabilitation Act of 1973, and title I of Americans with Disabilities Act of 1990
(a)
Discriminatory practices prohibited
All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1)
race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2);
(2)
age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
(3)
disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112–12114).
(b)
Remedy
(1)
Civil rights
The remedy for a violation of subsection (a)(1) shall be—
(A)
such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(g)); and
(B)
such compensatory damages as would be appropriate if awarded under section 1981 of title 42, or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2)
Age discrimination
The remedy for a violation of subsection (a)(2) shall be—
(A)
such remedy as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)); and
(B)
such liquidated damages as would be appropriate if awarded under section 7(b) of such Act (29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of such Act (29 U.S.C. 626(f)) shall apply to covered employees.
(3)
Disabilities discrimination
The remedy for a violation of subsection (a)(3) shall be—
(A)
such remedy as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)); and
(B)
such compensatory damages as would be appropriate if awarded under sections 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(c)
Omitted
(d)
Application to unpaid staff
(1)
In general
Subsections (a) and (b) shall apply with respect to—
(A)
any staff member of an employing office who carries out official duties of the employing office but who is not paid by the employing office for carrying out such duties (referred to in this subsection as an “unpaid staff member”), including an intern, an individual detailed to an employing office, and an individual participating in a fellowship program, in the same manner and to the same extent as such subsections apply with respect to a covered employee; and
(B)
a former unpaid staff member, if the act that may be a violation of subsection (a) occurred during the service of the former unpaid staffer for the employing office.
(2)
Rule of construction

Nothing in paragraph (1) may be construed to extend liability for a violation of subsection (a) to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing office.

(3)
Intern defined

For purposes of this subsection, the term “intern” means an individual who performs service for an employing office which is uncompensated by the United States to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.

(e)
Effective date

This section shall take effect 1 year after January 23, 1995.

(Pub. L. 104–1, title II, § 201, Jan. 23, 1995, 109 Stat. 7; Pub. L. 115–397, title III, § 302(a), Dec. 21, 2018, 132 Stat. 5321.)
cite as: 2 USC 1311