Page:United States Statutes at Large Volume 109 Part 1.djvu/23

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PUBLIC LAW 104-1-JAN. 23, 1995 109 STAT. 7 TITLE II—EXTENSION OF RIGHTS AND PROTECTIONS PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PRO- TECTION, WORKER ADJUSTMENT AND RE- TRAINING, EMPLOYMENT AND REEMPLOY- MENT OF VETERANS, AND INTIMIDATION SEC. 201. RIGHTS AND PROTECTIONS UNDER TITLE VII OF THE CIVIL 2 USC 1311. RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, THE REHABIUTATION ACT OF 1973, AND TITLE I OF THE AMERICANS WITH DISABIL- ITIES 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 1977 of the Revised Statutes (42 U.S.C. 1981), or as would be appropriate if awarded under sections 1977A(a)(l), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes (42 U.S.C. 1981a(a)(l), 1981a(b)(2), and 1981a(b)(3)(D)). (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 Employ- ment 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