49-U.S.C.-5332

49-U.S.C.-5332

§5332 – Nondiscrimination

Pathway

Title 49 > Subtitle III > Chapter 53 > Section 5332

Details

  • Reference: Section 5332
  • Legend: §5332 – Nondiscrimination
  • USCode Year: 2013

Provision Content

(a) Definition.—In this section, person includes a governmental authority, political subdivision, authority, legal representative, trust, unincorporated organization, trustee, trustee in bankruptcy, and receiver.

(b) Prohibitions.—A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, religion, national origin, sex, disability, or age.

(c) Compliance.—(1) The Secretary shall take affirmative action to ensure compliance with subsection (b) of this section.

(2) When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b).

(d) Authority of Secretary for Noncompliance.—If a person does not comply with subsection (b) of this section within a reasonable time after receiving notice, the Secretary shall—

(1) direct that no further financial assistance of the United States Government under this chapter be provided to the person;

(2) refer the matter to the Attorney General with a recommendation that a civil action be brought;

(3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or

(4) take any other action provided by law.

(e) Civil Actions by Attorney General.—The Attorney General may bring a civil action for appropriate relief when—

(1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or

(2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section.

(f) Application and Relationship to Other Laws.—This section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 834; Pub. L. 112–141, div. B, §§20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
5332(a) 49 App.:1615(a)(5). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §19; added Nov. 6, 1978, Pub. L. 95–599, §314, 92 Stat. 2750.
5332(b) 49 App.:1615(a)(1) (1st sentence).
5332(c) 49 App.:1615(a)(2), (3)(A).
5332(d) 49 App.:1615(a)(3)(B).
5332(e) 49 App.:1615(a)(4).
5332(f) 49 App.:1615(a)(1) (last sentence).

In subsection (a), the words the term and one or more are omitted as surplus. The words partnerships, associations, corporations and mutual companies, joint-stock companies are omitted because of 1:1.

In subsection (b), the word receiving is substituted for funded in whole or in part through to eliminate unnecessary words.

In subsection (c)(2), the words directly or indirectly, issued, and necessary are omitted as surplus.

In subsection (d), before clause (1), the words does not are substituted for fails or refuses to to eliminate unnecessary words. The words period of and pursuant to paragraph (a) of this subsection are omitted as surplus. In clause (2), the word appropriate is omitted as surplus. In clause (3), the words proceed under are substituted for exercise the powers and functions provided by to eliminate unnecessary words.

In subsection (e), before clause (1), the words in any appropriate district court of the United States and including injunctive relief are omitted as surplus.

In subsection (f), the words considered to be and and not in lieu of are omitted as surplus.

References in Text

The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Amendments

2012—Subsec. (b). Pub. L. 112–141, §20023(a)(1), substituted religion for creed and inserted disability, after sex,.

Subsec. (c)(1). Pub. L. 112–141, §20030(g), struck out of Transportation after Secretary.

Subsec. (d)(3). Pub. L. 112–141, §20023(a)(2), substituted or for and.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-5318 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-5318, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

49-U.S.C.-5307 in the Legal Encyclopedia: Transport Programs

In this entry about 49-U.S.C.-5307, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.

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