US (United States) Code. Title 5. Chapter 72: Antidiscrimination, Right to Petition Congress

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION

CONGRESS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

.

-HEAD-

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

-MISC1-

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

Sec.

7201. Antidiscrimination policy; minority recruitment program.

7202. Marital status.

7203. Handicapping condition.

7204. Other prohibitions.

SUBCHAPTER II - EMPLOYEES' RIGHT TO PETITION CONGRESS

7211. Employees' right to petition Congress

AMENDMENTS

1978 - Pub. L. 95-454, title VII, Sec. 703(a)(2), Oct. 13, 1978,

92 Stat. 1217, struck out heading ''SUBCHAPTER II -

ANTIDISCRIMINATION IN EMPLOYMENT'' and substituted therefor a

chapter heading ''CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO

PETITION CONGRESS'' together with the analysis of chapter 72

containing subchapters I, consisting of items 7201 to 7204, and

subchapter II, consisting of item 7211.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 9701 of this title; title

39 section 410.

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5 USC SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

.

-HEAD-

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-54, Sec. 2(a)(43), Aug. 14, 1979, 93 Stat. 383,

added heading for subchapter I.

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5 USC Sec. 7201 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 7201. Antidiscrimination policy; minority recruitment program

-STATUTE-

(a) For the purpose of this section -

(1) ''underrepresentation'' means a situation in which the

number of members of a minority group designation (determined by

the Equal Employment Opportunity Commission in consultation with

the Office of Personnel Management, on the basis of the policy

set forth in subsection (b) of this section) within a category of

civil service employment constitutes a lower percentage of the

total number of employees within the employment category than the

percentage that the minority constituted within the labor force

of the United States, as determined under the most recent

decennial or mid-decade census, or current population survey,

under title 13, and

(2) ''category of civil service employment'' means -

(A) each grade of the General Schedule described in section

5104 of this title;

(B) each position subject to subchapter IV of chapter 53 of

this title;

(C) such occupational, professional, or other groupings

(including occupational series) within the categories

established under subparagraphs (A) and (B) of this paragraph

as the Office determines appropriate.

(b) It is the policy of the United States to insure equal

employment opportunities for employees without discrimination

because of race, color, religion, sex, or national origin. The

President shall use his existing authority to carry out this

policy.

(c) Not later than 180 days after the date of the enactment of

the Civil Service Reform Act of 1978, the Office of Personnel

Management shall, by regulation, implement a minority recruitment

program which shall provide, to the maximum extent practicable -

(1) that each Executive agency conduct a continuing program for

the recruitment of members of minorities for positions in the

agency to carry out the policy set forth in subsection (b) in a

manner designed to eliminate underrepresentation of minorities in

the various categories of civil service employment within the

Federal service, with special efforts directed at recruiting in

minority communities, in educational institutions, and from other

sources from which minorities can be recruited; and

(2) that the Office conduct a continuing program of -

(A) assistance to agencies in carrying out programs under

paragraph (1) of this subsection, and

(B) evaluation and oversight and such recruitment programs to

determine their effectiveness in eliminating such minority

underrepresentation.

(d) Not later than 60 days after the date of the enactment of the

Civil Service Reform Act of 1978, the Equal Employment Opportunity

Commission shall -

(1) establish the guidelines proposed to be used in carrying

out the program required under subsection (c) of this section;

and

(2) make determinations of underrepresentation which are

proposed to be used initially under such program; and

(3) transmit to the Executive agencies involved, to the Office

of Personnel Management, and to the Congress the determinations

made under paragraph (2) of this subsection.

(e) Not later than January 31 of each year, the Office shall

prepare and transmit to each House of the Congress a report on the

activities of the Office and of Executive agencies under subsection

(c) of this section, including the affirmative action plans

submitted under section 717 of the Civil Rights Act of 1964 (42

U.S.C. 2000e-16), the personnel data file maintained by the Office

of Personnel Management, and any other data necessary to evaluate

the effectiveness of the program for each category of civil service

employment and for each minority group designation, for the

preceding fiscal year, together with recommendations for

administrative or legislative action the Office considers

appropriate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, Sec. 7151; renumbered

Sec. 7201 and amended Pub. L. 95-454, title III, Sec. 310, title

VII, Sec. 703(a)(1), Oct. 13, 1978, 92 Stat. 1152, 1216.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

42 U.S.C. 2000e(b) July 2, 1964, Pub.

(2d proviso). L. 88-352, Sec.

701(b) (2d

proviso), 78 Stat.

254.

-------------------------------

The word ''Federal'' is omitted as unnecessary in view of the

definition of ''employee'' in section 2105.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Civil Service Reform Act of

1978, referred to in subsecs. (c) and (d), is the date of the

enactment of Pub. L. 95-454, which was approved Oct. 13, 1978.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-454, Sec. 703(a)(1), renumbered section 7151 of

this title as this section.

Pub. L. 95-454, Sec. 310(1), substituted ''Antidiscrimination

policy; minority recruitment program'' for ''Policy'' in section

catchline.

Subsecs. (a) to (e). Pub. L. 95-454, Sec. 310(2)-(4), added

subsec. (a), designated existing provisions as subsec. (b), and

added subsecs. (c) to (e).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 310 of Pub. L. 95-454 effective 90 days

after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as

a note under section 1101 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (e) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 187 of House Document No. 103-7.

DISCRIMINATION PROHIBITED IN EMPLOYMENT OF CIVILIAN PERSONNEL AT

FACILITIES OPERATED BY THE DEPARTMENT OF DEFENSE IN FOREIGN

COUNTRIES

Pub. L. 92-129, title I, Sec. 106, Sept. 28, 1971, 85 Stat. 355,

provided that: ''Unless prohibited by treaty, no person shall be

discriminated against by the Department of Defense or by any

officer or employee thereof, in the employment of civilian

personnel at any facility or installation operated by the

Department of Defense in any foreign country because such person is

a citizen of the United States or is a dependent of a member of the

Armed Forces of the United States. As used in this section, the

term 'facility or installation operated by the Department of

Defense' shall include, but shall not be limited to, any officer's

club, non-commissioned officers' club, post exchange, or commissary

store.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 3905, 3922a;

title 31 section 732.

-CITE-

5 USC Sec. 7202 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 7202. Marital status

-STATUTE-

(a) The President may prescribe rules which shall prohibit, as

nearly as conditions of good administration warrant, discrimination

because of marital status in an Executive agency or in the

competitive service.

(b) Regulations prescribed under any provision of this title, or

under any other provision of law, granting benefits to employees,

shall provide the same benefits for a married female employee and

her spouse and children as are provided for a married male employee

and his spouse and children.

(c) Notwithstanding any other provision of law, any provision of

law providing a benefit to a male Federal employee or to his spouse

or family shall be deemed to provide the same benefit to a female

Federal employee or to her spouse or family.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, Sec. 7152; Pub. L.

92-187, Sec. 3, Dec. 15, 1971, 85 Stat. 644; renumbered Sec. 7202,

Pub. L. 95-454, title VII, Sec. 703(a)(1), Oct. 13, 1978, 92 Stat.

1216.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(2)6 July 26, 1937, ch.

(less 1st 522, 50 Stat. 533.

sentence).

-------------------------------

The authority of the President to prescribe rules is added on

authority of former section 633(1), which is carried into section

3302. The section is rewritten as a general prohibition instead of

specifying each of the personnel actions to which the prohibition

applies. The words ''in an Executive agency or in the competitive

service'' are added for clarity. The sentence ''All Acts or parts

of Acts inconsistent herewith are repealed.'' is omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454, renumbered section 7152 of this title as

this section.

1971 - Pub. L. 92-187 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3302 of this title.

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5 USC Sec. 7203 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 7203. Handicapping condition

-STATUTE-

The President may prescribe rules which shall prohibit, as nearly

as conditions of good administration warrant, discrimination

because of handicapping condition in an Executive agency or in the

competitive service with respect to a position the duties of which,

in the opinion of the Office of Personnel Management, can be

performed efficiently by an individual with a handicapping

condition, except that the employment may not endanger the health

or safety of the individual or others.

-SOURCE-

(Pub. L. 89-544, Sept. 6, 1966, 80 Stat. 523, Sec. 7153; renumbered

Sec. 7203 and amended Pub. L. 95-454, title I, Sec. 101(b)(2),

title VII, Sec. 703(a)(1), title IX, Sec. 906(a)(2), Oct. 13, 1978,

92 Stat. 1118, 1216, 1224.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 633(2)9. June 10, 1948, ch.

434, 62 Stat. 351.

-------------------------------

The authority of the President to prescribe rules is added on

authority of former section 633(1), which is carried into section

3302. The section is rewritten as a general prohibition instead of

specifying the personnel actions included in former section

633(2)9. The words ''in an Executive agency or in the competitive

service'' are added for clarity.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454, Sec. 703(a)(1), renumbered section 7153 of

this title as this section.

Pub. L. 95-454, Sec. 101(b)(2), 906(a)(2), substituted

''Handicapping condition'' for ''Physical handicap'' in section

catchline, ''handicapping condition'' for ''physical handicap''

wherever appearing in text, and ''Office of Personnel Management''

for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by sections 101(b)(2) and 906(a)(2) of Pub. L. 95-454

effective 90 days after Oct. 13, 1978, see section 907 of Pub. L.

95-454, set out as a note under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3302 of this title.

-CITE-

5 USC Sec. 7204 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER I - ANTIDISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 7204. Other prohibitions

-STATUTE-

((a) Repealed. Pub. L. 90-83, Sec. 1(44), Sept. 11, 1967, 81

Stat. 208.)

(b) In the administration of chapter 51, subchapters III and IV

of chapter 53, and sections 305 and 3324 of this title,

discriminations because of race, color, creed, sex, or marital

status is prohibited with respect to an individual or a position

held by an individual.

(c) The Office of Personnel Management may prescribe regulations

necessary for the administration of subsection (b) of this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523, Sec. 7154; Pub. L.

90-83, Sec. 1(44), Sept. 11, 1967, 81 Stat. 208; Pub. L. 92-392,

Sec. 8, Aug. 19, 1972, 86 Stat. 573; renumbered Sec. 7204 and

amended Pub. L. 95-454, title VII, Sec. 703(a)(1), title IX, Sec.

906(a)(2), Oct. 13, 1978, 92 Stat. 1216, 1224.)

-MISC1-

Historical and Revision Notes

1966 Act

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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(a) 5 U.S.C. 33. R.S. Sec. 165.

(b) 5 U.S.C. 1074. Oct. 28, 1949, ch.

782, Sec. 1103, 63

Stat. 972.

-------------------------------

In subsection (a), the words ''Executive department'' are

substituted for ''department'' as the definition of ''department''

applicable to this section is coextensive with the definition of

''Executive department'' in section 101. The words ''or military

department'' are inserted to preserve the application of the source

law. Before enactment of the National Security Act Amendments of

1949 (63 Stat. 578), the Department of the Army, the Department of

the Navy, and the Department of the Air Force were Executive

departments. The National Security Act Amendments of 1949

established the Department of Defense as an Executive department

including the Department of the Army, the Department of the Navy,

and the Department of the Air Force as military departments, not as

Executive departments. However, the source law for this

subsection, which was in effect in 1949, remained applicable to the

Secretaries of the military departments by virtue of section 12(g)

of the National Security Act Amendments of 1949 (63 Stat. 591),

which is set out in the reviser's note for section 301. The words

''in the discretion of'' are omitted as unnecessary in view of the

permissive grant of authority. The words ''positions in the

department'' are substituted for ''any of the clerkships therein

authorized by law''. The words ''upon the same requisites and

conditions'' are omitted as unnecessary. The words ''legal pay of

the position to which appointed'' are substituted for ''same

compensations, as are prescribed for men''.

This subsection was part of title IV of the Revised Statutes. The

Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,

ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which

provides ''Except to the extent inconsistent with the provisions of

this Act (National Security Act of 1947), the provisions of title

IV of the Revised Statutes as now or hereafter amended shall be

applicable to the Department of Defense'' is omitted from this

title, but is not repealed.

Subsection (c) is added on authority of former sections 1072 and

1072a, which are codified in section 5115.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 ACT

This section deletes subsection (a) of 5 U.S.C. 7154 to reflect

the repeal of the source statute of that subsection by Public Law

89-261, 79 Stat. 987.

AMENDMENTS

1978 - Pub. L. 95-454, Sec. 703(a)(1), renumbered section 7154 of

this title as this section.

Subsec. (c). Pub. L. 95-454, Sec. 906(a)(2), substituted ''Office

of Personnel Management'' for ''Civil Service Commission''.

1972 - Subsec. (b). Pub. L. 92-392 inserted reference to

subchapter IV of chapter 53 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 906(a)(2) of Pub. L. 95-454 effective 90

days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set

out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-392 effective on first day of first

applicable pay period beginning on or after 90th day after Aug. 19,

1972, see section 15(a) of Pub. L. 92-392, set out as an Effective

Date note under section 5341 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2105 of this title; title

10 sections 4540, 7212, 9540; title 49 section 40122.

-CITE-

5 USC SUBCHAPTER II - EMPLOYEES' RIGHT TO PETITION

CONGRESS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER II - EMPLOYEES' RIGHT TO PETITION CONGRESS

.

-HEAD-

SUBCHAPTER II - EMPLOYEES' RIGHT TO PETITION CONGRESS

-CITE-

5 USC Sec. 7211 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 72 - ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS

SUBCHAPTER II - EMPLOYEES' RIGHT TO PETITION CONGRESS

-HEAD-

Sec. 7211. Employees' right to petition Congress

-STATUTE-

The right of employees, individually or collectively, to petition

Congress or a Member of Congress, or to furnish information to

either House of Congress, or to a committee or Member thereof, may

not be interfered with or denied.

-SOURCE-

(Added Pub. L. 95-454, title VII, Sec. 703(a)(3), Oct. 13, 1978, 92

Stat. 1217.)

-MISC1-

PRIOR PROVISIONS

Provisions of this section were contained in section 7102 of this

title prior to the general amendment of chapter 71 of this title by

Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 1191.

EFFECTIVE DATE

Section effective 90 days after Oct. 13, 1978, see section 907 of

Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note

under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 1002.

-CITE-