---
kind: "range"
citation: "42 U.S.C. §§ 2000e–16a–2000e–16c"
title: "42"
from: "2000e–16a"
to: "2000e–16c"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/42/2000e-16a..2000e-16c"
---

# §2000e–16a. Short title; purpose; definition

- (a) **Short title—** [Sections 2000e–16a to 2000e–16c](/usc/42/2000e–16a..2000e–16c.md) of this title may be cited as the “Government [Employee](/usc/42/2000e.md?p=f) Rights Act of 1991”.
- (b) **Purpose—** The purpose of [sections 2000e–16a to 2000e–16c](/usc/42/2000e–16a..2000e–16c.md) of this title is to provide procedures to protect the rights of certain government [employees](/usc/42/2000e.md?p=f), with respect to their public employment, to be free of discrimination on the basis of race, color, [religion](/usc/42/2000e.md?p=j), sex, national origin, age, or disability.
- (c) **“Violation” defined—** For purposes of [sections 2000e–16a to 2000e–16c](/usc/42/2000e–16a..2000e–16c.md) of this title, the term “violation” means a practice that violates [section 2000e–16b(a) of this title](/usc/42/2000e–16b.md?p=a).

# §2000e–16b. Discriminatory practices prohibited

- (a) **Practices—** All personnel actions affecting the Presidential appointees described in section 1219[^1] of [title 2](/usc/2.md) or the [State](/usc/42/2000e.md?p=i) [employees](/usc/42/2000e.md?p=f) described in [section 2000e–16c of this title](/usc/42/2000e–16c.md) shall be made free from any discrimination based on—
  - (1) race, color, [religion](/usc/42/2000e.md?p=j), sex, or national origin, within the meaning of [section 2000e–16 of this title](/usc/42/2000e–16.md);
  - (2) age, within the meaning of [section 633a of title 29](/usc/29/633a.md); or
  - (3) disability, within the meaning of [section 791 of title 29](/usc/29/791.md) and [sections 12112 to 12114](/usc/42/12112..12114.md) of this title.
- (b) **Remedies—** The remedies referred to in sections 1219(a)(1)[^1] of [title 2](/usc/2.md) and [2000e–16c(a)](/usc/42/2000e–16c.md?p=a) of this title—
  - (1) may include, in the case of a determination that a [violation](/usc/42/2000e–16a.md?p=c) of subsection [(a)(1)](#a-1) or [(a)(3)](#a-3) has occurred, such remedies as would be appropriate if awarded under sections [2000e–5(g)](/usc/42/2000e–5.md?p=g), [2000e–5(k)](/usc/42/2000e–5.md?p=k), and [2000e–16(d)](/usc/42/2000e–16.md?p=d) of this title, and such compensatory [damages](/usc/42/9601.md?p=6) as would be appropriate if awarded under [section 1981](/usc/42/1981.md) or sections [1981a(a)](/usc/42/1981a.md?p=a) and [1981a(b)(2)](/usc/42/1981a.md?p=b-2) of this title;
  - (2) may include, in the case of a determination that a [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)(2)](#a-2) has occurred, such remedies as would be appropriate if awarded under [section 633a(c) of title 29](/usc/29/633a.md?p=c); and
  - (3) may not include punitive [damages](/usc/42/9601.md?p=6).

# §2000e–16c. Coverage of previously exempt State employees

- (a) **Application—** The rights, protections, and remedies provided pursuant to [section 2000e–16b of this title](/usc/42/2000e–16b.md) shall apply with respect to employment of any individual chosen or appointed, by a [person](/usc/42/2000e.md?p=a) elected to public [office](/usc/42/3058f.md?p=1) in any [State](/usc/42/2000e.md?p=i) or political subdivision of any [State](/usc/42/2000e.md?p=i) by the qualified voters thereof—
  - (1) to be a member of the elected official’s personal staff;
  - (2) to serve the elected official on the policymaking level; or
  - (3) to serve the elected official as an immediate advisor with respect to the exercise of the constitutional or legal powers of the [office](/usc/42/3058f.md?p=1).
- (b) **Enforcement by administrative action—**
  - (1) **In general—** Any individual referred to in [subsection (a)](#a) may file a complaint alleging a [violation](/usc/42/2000e–16a.md?p=c), not later than 180 days after the occurrence of the alleged [violation](/usc/42/2000e–16a.md?p=c), with the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1), which, in accordance with the principles and procedures set forth in [sections 554 through 557](/usc/5/554..557.md) of title 5, shall determine whether a [violation](/usc/42/2000e–16a.md?p=c) has occurred and shall set forth its determination in a final order. If the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) determines that a [violation](/usc/42/2000e–16a.md?p=c) has occurred, the final order shall also provide for appropriate relief.
  - (2) **Referral to State and local authorities—**
    - (A) **Application—** [Section 2000e–5(d) of this title](/usc/42/2000e–5.md?p=d) shall apply with respect to any proceeding under this section.
    - (B) **Definition—** For purposes of the application described in [subparagraph (A)](#b-2-A), the term “any charge filed by a member of the Commission alleging an unlawful employment practice” means a complaint filed under this section.
- (c) **Judicial review—** Any party aggrieved by a final order under [subsection (b)](#b) may obtain a review of such order under [chapter 158](/usc/28/chptVI-ch158.md) of title 28. For the purpose of this review, the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) shall be an “agency” as that term is used in [chapter 158](/usc/28/chptVI-ch158.md) of title 28.
- (d) **Standard of review—** To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law and interpret constitutional and statutory provisions. The court shall set aside a final order under [subsection (b)](#b) if it is determined that the order was—
  - (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
  - (2) not made consistent with required procedures; or
  - (3) unsupported by substantial evidence.

  In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

- (e) **Attorney’s fees—** If the individual referred to in [subsection (a)](#a) is the prevailing party in a proceeding under this subsection,[^1] attorney’s fees may be allowed by the court in accordance with the [standards](/usc/42/1320d.md?p=7) prescribed under [section 2000e–5(k) of this title](/usc/42/2000e–5.md?p=k).