Coordination and Review Section
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
42 USC 10406
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES
Sec. 10406. Discrimination prohibited
(a) Recipients of Federal financial assistance; types of discrimination
prohibited
(1) For the purpose of applying the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of
1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under section
504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on the basis of
sex under title IX of the Education Amendments of 1972 [20 U.S.C. 1681
et seq.], or on the basis of race, color, or national origin under title
VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], programs
and activities funded in whole or in part with funds made available
under this part \1\ are considered to be programs and activities
receiving Federal financial assistance.
(2) No person shall on the ground of sex or religion be excluded
from participation in, be denied the benefits of, or be subject to
discrimination under, any program or activity funded in whole or in part
with funds made available under this chapter. Nothing in this chapter
shall require any such program or activity to include any individual in
any program or activity without taking into consideration that
individual's sex in those certain instances where sex is a bona fide
occupational qualification or programmatic factor reasonably necessary
to the normal operation of that particular program or activity. The
Secretary shall enforce the provisions of the preceding sentence in
accordance with section 602 of the Civil Rights Act of 1964 [42 U.S.C.
2000d-1]. Section 603 of such Act [42 U.S.C. 2000d-2] shall apply with
respect to any action taken by the Secretary to enforce such sentence.
This paragraph shall not be construed as affecting any other legal
remedy.
(b) Notification and request to secure compliance; referral to Attorney
General or other action by Secretary
Whenever the Secretary finds that a State or other entity that has
received financial assistance under this chapter has failed to comply
with a provision of law referred to in subsection (a)(1) of this
section, with subsection (a)(2) of this section, or with an applicable
regulation (including one prescribed to carry out subsection (a)(2) of
this section), the Secretary shall notify the chief executive officer of
the State and shall request such officer to secure compliance. If,
within a reasonable period of time, not to exceed sixty days, the chief
executive officer fails or refuses to secure compliance, the Secretary
may--
(1) refer the matter to the Attorney General of the United
States with a recommendation that an appropriate civil action be
instituted,
(2) exercise the powers and functions provided by title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age
Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], sections 504
and 505 of the Rehabilitation Act of 1973 [29 U.S.C. 794, 794a], or
title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et
seq.], as may be applicable, or
(3) take such other action as may be provided by law.
(c) Civil action by Attorney General
When a matter is referred to the Attorney General pursuant to
subsection (b)(1) of this section, or whenever the Attorney General has
reason to believe that a State or an entity is engaged in a pattern or
practice in violation of a provision of law referred to in subsection
(a)(1) of this section or in violation of subsection (a)(2) of this
section, the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief as may
be appropriate, including injunctive relief.
(Pub. L. 98-457, title III, Sec. 307, Oct. 9, 1984, 98 Stat. 1761.)
References in Text
The Age Discrimination Act of 1975, referred to in subsecs. (a)(1),
(b)(2), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as
amended, which is classified generally to chapter 76 (Sec. 6101 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 6101 of this title and Tables.
The Education Amendments of 1972, referred to in subsecs. (a)(1),
(b)(2), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended.
Title IX of the Education Amendments of 1972 is classified principally
to chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 20 and Tables.
The Civil Rights Act of 1964, referred to in subsecs. (a)(1),
(b)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title
VI of the Civil Rights Act of 1964 is classified generally to subchapter
V (Sec. 2000d et seq.) of this title. For complete classification of
this Act to the Code, see note set out under section 2000a of this title
and Tables.
This part, referred to in subsec. (a)(1), probably was intended to
be a reference to this title, meaning title III of Pub. L. 98-457 which
enacted this chapter, because title III was not divided into parts and
because similar references to programs or activities funded in whole or
in part with funds made available, referred to ``this title''.
