§1202. Discriminatory practices prohibited

(a) Practices

All personnel actions affecting the Presidential appointees described in section 1219 ¹ of this title or the State employees described in section 1220 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 title 42;

(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 title 42.

(b) Remedies

The remedies referred to in sections 1219(a)(1) ¹ and 1220(a) of this title-

(1) may include, in the case of a determination that a violation of subsection (a)(1) or (a)(3) of this section has occurred, such remedies as would be appropriate if awarded under sections 2000e–5(g), 2000e–5(k), and 2000e–16(d) of title 42, and such compensatory damages as would be appropriate if awarded under section 1981 or sections 1981a(a) and 1981a(b)(2) of title 42;

(2) may include, in the case of a determination that a violation of subsection (a)(2) of this section 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 .)

References in Text

Section 1219 of this title, referred to in text, was repealed by Pub.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

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 title 42;

"(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 title 42."

Section Referred to in Other Sections

This section is referred to in sections 1201, 1220 of this title.

¹ See References in Text note below.