42 USC Ch. 21: Front Matter
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42 USC Ch. 21: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 21-CIVIL RIGHTS

CHAPTER 21-CIVIL RIGHTS

SUBCHAPTER I-GENERALLY

Sec.
1981.
Equal rights under the law.
1981a.
Damages in cases of intentional discrimination in employment.
1982.
Property rights of citizens.
1983.
Civil action for deprivation of rights.
1984.
Omitted.
1985.
Conspiracy to interfere with civil rights.
1986.
Action for neglect to prevent.
1987.
Prosecution of violation of certain laws.
1988.
Proceedings in vindication of civil rights.
1989.
United States magistrate judges; appointment of persons to execute warrants.
1990.
Marshal to obey precepts; refusing to receive or execute process.
1991.
Fees; persons appointed to execute process.
1992.
Speedy trial.
1993.
Repealed.
1994.
Peonage abolished.
1995.
Criminal contempt proceedings; penalties; trial by jury.
1996.
Protection and preservation of traditional religions of Native Americans.
1996a.
Traditional Indian religious use of peyote.
1996b.
Interethnic adoption.

        

SUBCHAPTER I–A-INSTITUTIONALIZED PERSONS

1997.
Definitions.
1997a.
Initiation of civil actions.
1997a–1.
Subpoena authority.
1997b.
Certification requirements; Attorney General to personally sign certification.
1997c.
Intervention in actions.
1997d.
Prohibition of retaliation.
1997e.
Suits by prisoners.
1997f.
Report to Congress.
1997g.
Priorities for use of funds.
1997h.
Notice to Federal departments.
1997i.
Disclaimer respecting standards of care.
1997j.
Disclaimer respecting private litigation.

        

SUBCHAPTER II-PUBLIC ACCOMMODATIONS

2000a.
Prohibition against discrimination or segregation in places of public accommodation.
2000a–1.
Prohibition against discrimination or segregation required by any law, statute, ordinance, regulation, rule or order of a State or State agency.
2000a–2.
Prohibition against deprivation of, interference with, and punishment for exercising rights and privileges secured by section 2000a or 2000a–1 of this title.
2000a–3.
Civil actions for injunctive relief.
2000a–4.
Community Relations Service; investigations and hearings; executive session; release of testimony; duty to bring about voluntary settlements.
2000a–5.
Civil actions by the Attorney General.
2000a–6.
Jurisdiction; exhaustion of other remedies; exclusiveness of remedies; assertion of rights based on other Federal or State laws and pursuit of remedies for enforcement of such rights.

        

SUBCHAPTER III-PUBLIC FACILITIES

2000b.
Civil actions by the Attorney General.
2000b–1.
Liability of United States for costs and attorney's fee.
2000b–2.
Personal suits for relief against discrimination in public facilities.
2000b–3.
"Complaint" defined.

        

SUBCHAPTER IV-PUBLIC EDUCATION

2000c.
Definitions.
2000c–1.
Omitted.
2000c–2.
Technical assistance in preparation, adoption, and implementation of plans for desegregation of public schools.
2000c–3.
Training institutes; stipends; travel allowances.
2000c–4.
Grants for inservice training in dealing with and for employment of specialists to advise in problems incident to desegregation; factors for consideration in making grants and fixing amounts, terms, and conditions.
2000c–5.
Payments; adjustments; advances or reimbursement; installments.
2000c–6.
Civil actions by the Attorney General.
2000c–7.
Liability of United States for costs.
2000c–8.
Personal suits for relief against discrimination in public education.
2000c–9.
Classification and assignment.

        

SUBCHAPTER V-FEDERALLY ASSISTED PROGRAMS

2000d.
Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin.
2000d–1.
Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regulations; approval by President; compliance with requirements; reports to Congressional committees; effective date of administrative action.
2000d–2.
Judicial review; administrative procedure provisions.
2000d–3.
Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment.
2000d–4.
Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty.
2000d–4a.
"Program or activity" and "program" defined.
2000d–5.
Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act.
2000d–6.
Policy of United States as to application of nondiscrimination provisions in schools of local educational agencies.
2000d–7.
Civil rights remedies equalization.

        

SUBCHAPTER VI-EQUAL EMPLOYMENT OPPORTUNITIES

2000e.
Definitions.
2000e–1.
Exemption.
2000e–2.
Unlawful employment practices.
2000e–3.
Other unlawful employment practices.
2000e–4.
Equal Employment Opportunity Commission.
2000e–5.
Enforcement provisions.
2000e–6.
Civil actions by the Attorney General.
2000e–7.
Effect on State laws.
2000e–8.
Investigations.
2000e–9.
Conduct of hearings and investigations pursuant to section 161 of title 29.
2000e–10.
Posting of notices; penalties.
2000e–11.
Veterans' special rights or preference.
2000e–12.
Regulations; conformity of regulations with administrative procedure provisions; reliance on interpretations and instructions of Commission.
2000e–13.
Application to personnel of Commission of sections 111 and 1114 of title 18; punishment for violation of section 1114 of title 18.
2000e–14.
Equal Employment Opportunity Coordinating Council; establishment; composition; duties; report to President and Congress.
2000e–15.
Presidential conferences; acquaintance of leadership with provisions for employment rights and obligations; plans for fair administration; membership.
2000e–16.
Employment by Federal Government.
2000e–16a.
Short title; purpose; definition.
2000e–16b.
Discriminatory practices prohibited.
2000e–16c.
Coverage of previously exempt State employees.
2000e–17.
Procedure for denial, withholding, termination, or suspension of Government contract subsequent to acceptance by Government of affirmative action plan of employer; time of acceptance of plan.

        

SUBCHAPTER VII-REGISTRATION AND VOTING STATISTICS

2000f.
Survey for compilation of registration and voting statistics; geographical areas; scope; application of census provisions; voluntary disclosure; advising of right not to furnish information.

        

SUBCHAPTER VIII-COMMUNITY RELATIONS SERVICE

2000g.
Establishment of Service; Director of Service: appointment, term; personnel.
2000g–1.
Functions of Service.
2000g–2.
Cooperation with other agencies; conciliation assistance in confidence and without publicity; information as confidential; restriction on performance of investigative or prosecuting functions; violations and penalties.
2000g–3.
Reports to Congress.

        

SUBCHAPTER IX-MISCELLANEOUS PROVISIONS

2000h.
Criminal contempt proceedings: trial by jury, criminal practice, penalties, exceptions, intent; civil contempt proceedings.
2000h–1.
Double jeopardy; specific crimes and criminal contempts.
2000h–2.
Intervention by Attorney General; denial of equal protection on account of race, color, religion, sex or national origin.
2000h–3.
Construction of provisions not to affect authority of Attorney General, etc., to institute or intervene in actions or proceedings.
2000h–4.
Construction of provisions not to exclude operation of State laws and not to invalidate consistent State laws.
2000h–5.
Authorization of appropriations.
2000h–6.
Separability.

        

Executive Documents

Ex. Ord. No. 14173. Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Ex. Ord. No. 14173, Jan. 21, 2025, 90 F.R. 8633, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. Longstanding Federal civil-rights laws protect individual Americans from discrimination based on race, color, religion, sex, or national origin. These civil-rights protections serve as a bedrock supporting equality of opportunity for all Americans. As President, I have a solemn duty to ensure that these laws are enforced for the benefit of all Americans.

Yet today, roughly 60 years after the passage of the Civil Rights Act of 1964 [Pub. L. 88–352, see Tables for classification], critical and influential institutions of American society, including the Federal Government, major corporations, financial institutions, the medical industry, large commercial airlines, law enforcement agencies, and institutions of higher education have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called "diversity, equity, and inclusion" (DEI) or "diversity, equity, inclusion, and accessibility" (DEIA) that can violate the civil-rights laws of this Nation.

Illegal DEI and DEIA policies not only violate the text and spirit of our longstanding Federal civil-rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system. Hardworking Americans who deserve a shot at the American Dream should not be stigmatized, demeaned, or shut out of opportunities because of their race or sex.

These illegal DEI and DEIA policies also threaten the safety of American men, women, and children across the Nation by diminishing the importance of individual merit, aptitude, hard work, and determination when selecting people for jobs and services in key sectors of American society, including all levels of government, and the medical, aviation, and law-enforcement communities. Yet in case after tragic case, the American people have witnessed first-hand the disastrous consequences of illegal, pernicious discrimination that has prioritized how people were born instead of what they were capable of doing.

The Federal Government is charged with enforcing our civil-rights laws. The purpose of this order is to ensure that it does so by ending illegal preferences and discrimination.

Sec. 2. Policy. It is the policy of the United States to protect the civil rights of all Americans and to promote individual initiative, excellence, and hard work. I therefore order all executive departments and agencies (agencies) to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements. I further order all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.

Sec. 3. Terminating Illegal Discrimination in the Federal Government. (a) The following executive actions are hereby revoked:

(i) Executive Order 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) [42 U.S.C. 4321 note];

(ii) Executive Order 13583 of August 18, 2011 (Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce) [42 U.S.C. 2000e note];

(iii) Executive Order 13672 of July 21, 2014 (Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity) [42 U.S.C. 2000e note]; and

(iv) The Presidential Memorandum of October 5, 2016 (Promoting Diversity and Inclusion in the National Security Workforce) [42 U.S.C. 2000e note].

(b) The Federal contracting process shall be streamlined to enhance speed and efficiency, reduce costs, and require Federal contractors and subcontractors to comply with our civil-rights laws. Accordingly:

(i) Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity) [42 U.S.C. 2000e note], is hereby revoked. For 90 days from the date of this order [Jan. 21, 2025], Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.

(ii) The Office of Federal Contract Compliance Programs within the Department of Labor shall immediately cease:

(A) Promoting "diversity";

(B) Holding Federal contractors and subcontractors responsible for taking "affirmative action"; and

(C) Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.

(iii) In accordance with Executive Order 13279 of December 12, 2002 (Equal Protection of the Laws for Faith-Based and Community Organizations) [5 U.S.C. 601 note], the employment, procurement, and contracting practices of Federal contractors and subcontractors shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate the Nation's civil rights laws.

(iv) The head of each agency shall include in every contract or grant award:

(A) A term requiring the contractual counterparty or grant recipient to agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and

(B) A term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.

(c) The Director of the Office of Management and Budget (OMB), with the assistance of the Attorney General as requested, shall:

(i) Review and revise, as appropriate, all Government-wide processes, directives, and guidance;

(ii) Excise references to DEI and DEIA principles, under whatever name they may appear, from Federal acquisition, contracting, grants, and financial assistance procedures to streamline those procedures, improve speed and efficiency, lower costs, and comply with civil-rights laws; and

(iii) Terminate all "diversity," "equity," "equitable decision-making," "equitable deployment of financial and technical assistance," "advancing equity," and like mandates, requirements, programs, or activities, as appropriate.

Sec. 4. Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences. (a) The heads of all agencies, with the assistance of the Attorney General, shall take all appropriate action with respect to the operations of their agencies to advance in the private sector the policy of individual initiative, excellence, and hard work identified in section 2 of this order.

(b) To further inform and advise me so that my Administration may formulate appropriate and effective civil-rights policy, the Attorney General, within 120 days of this order, in consultation with the heads of relevant agencies and in coordination with the Director of OMB, shall submit a report to the Assistant to the President for Domestic Policy containing recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. The report shall contain a proposed strategic enforcement plan identifying:

(i) Key sectors of concern within each agency's jurisdiction;

(ii) The most egregious and discriminatory DEI practitioners in each sector of concern;

(iii) A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated "DEI" or otherwise) that constitute illegal discrimination or preferences. As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars;

(iv) Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws;

(v) Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and

(vi) Potential regulatory action and sub-regulatory guidance.

Sec. 5. Other Actions. Within 120 days of this order, the Attorney General and the Secretary of Education shall jointly issue guidance to all State and local educational agencies that receive Federal funds, as well as all institutions of higher education that receive Federal grants or participate in the Federal student loan assistance program under Title IV of the Higher Education Act [of 1965], 20 U.S.C. 1070 et seq., regarding the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).

Sec. 6. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.

Sec. 7. Scope. (a) This order does not apply to lawful Federal or private-sector employment and contracting preferences for veterans of the U.S. armed forces or persons protected by the Randolph-Sheppard Act, 20 U.S.C. 107 et seq.

(b) This order does not prevent State or local governments, Federal contractors, or Federally-funded State and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.

(c) This order does not prohibit persons teaching at a Federally funded institution of higher education as part of a larger course of academic instruction from advocating for, endorsing, or promoting the unlawful employment or contracting practices prohibited by this order.

Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.