§2000e–16b. Discriminatory practices prohibited

(a) Practices

All personnel actions affecting the Presidential appointees described in section 1219 ¹ of title 2 or the State employees described in section 2000e–16c of this title shall be made free from any discrimination based on-

(1) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title;

(2) age, within the meaning of section 633a of title 29; or

(3) disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title.

(b) Remedies

The remedies referred to in sections 1219(a)(1) ¹ of title 2 and 2000e–16c(a) of this title-

(1) may include, in the case of a determination that a violation of subsection (a)(1) or (a)(3) has occurred, such remedies as would be appropriate if awarded under sections 2000e–5(g), 2000e–5(k), and 2000e–16(d) of this title, and such compensatory damages as would be appropriate if awarded under section 1981 or sections 1981a(a) and 1981a(b)(2) of this title;

(2) may include, in the case of a determination that a violation of subsection (a)(2) has occurred, such remedies as would be appropriate if awarded under section 633a(c) of title 29; and

(3) may not include punitive damages.

( Pub. L. 102–166, title III, §302, Nov. 21, 1991, 105 Stat. 1088 ; Pub. L. 104–1, title V, §504(a)(1), Jan. 23, 1995, 109 Stat. 40 .)

Editorial Notes

References in Text

Section 1219 of title 2, referred to in text, was repealed by Pub. L. 104–331, §5(a), Oct. 26, 1996, 110 Stat. 4072 .

Codification

Section was enacted as part of the Government Employee Rights Act of 1991, and not as part of the Civil Rights Act of 1964, title VII of which comprises this subchapter.

Section was formerly classified to section 1202 of Title 2, The Congress.

Amendments

1994-Pub. L. 104–1 amended section generally. Prior to amendment, text read as follows: "All personnel actions affecting employees of the Senate shall be made free from any discrimination based on-

"(1) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title;

"(2) age, within the meaning of section 633a of title 29; or

"(3) handicap or disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under section 1981 of this title.

¹ See References in Text note below.