---
kind: "section"
citation: "42 U.S.C. § 2000e–16b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2000e–16b"
heading: "Discriminatory practices prohibited"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2000e-16b"
units:
  - "Chapter 21 — Civil Rights"
  - "Subchapter VI — Equal Employment Opportunities"
---

# §2000e–16b. Discriminatory practices prohibited

- (a) **Practices—** All personnel actions affecting the Presidential appointees described in section 1219[^1] of title 2 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](/usc/42/12112.md) to [12114](/usc/42/12114.md) of this title.
- (b) **Remedies—** The remedies referred to in sections 1219(a)(1)[^1] of title 2 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 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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

Section 1219 of title 2, referred to in text, was repealed by Pub. L. 104–331, § 5(a), Oct. 26, 1996, 110 Stat. 4072.

### Codification

Section was enacted as part of the Government Employee Rights Act of 1991, and not as part of the Civil Rights Act of 1964, title VII of which comprises this subchapter.

Section was formerly classified to section 1202 of Title 2, The Congress.

### 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 this title;

“(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 this title.”

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under section 1981 of this title.