Us Code § 5332 - Nondiscrimination

Full text of Us Code United States Code § 5332 — Nondiscrimination, with citation guidance and answers to common questions.

§ 5332. Nondiscrimination

(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.


Editorial Notes

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. 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".


Statutory Notes and Related Subsidiaries

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.

About This Section

49 U.S.C. § 5332 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 49 U.S.C. § 5332. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Frequently Asked Questions About Us Code § 5332

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Section 5332 ("Nondiscrimination") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Sources & Verification

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