CHAPTER 72 —ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS
SUBCHAPTER I—ANTIDISCRIMINATION IN EMPLOYMENT
SUBCHAPTER II—EMPLOYEES' RIGHT TO PETITION CONGRESS
Editorial Notes
Amendments
1978—
SUBCHAPTER I—ANTIDISCRIMINATION IN EMPLOYMENT
Editorial Notes
Amendments
1979—
§7201. Antidiscrimination policy; minority recruitment program
(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
(B) each position subject to subchapter IV of
(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 (
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 2, 1964, |
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.
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a)(2)(A), is set out under
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
Amendments
1978—
Subsecs. (a) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by section 310 of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in subsec. (e) of this section, see section 3003 of
Workplace Policies Prohibiting Discrimination and Sexual Harassment
Discrimination Prohibited in Employment of Civilian Personnel at Facilities Operated by the Department of Defense in Foreign Countries
§7202. Marital status
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 26, 1937, ch. 522, |
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.
Editorial Notes
Amendments
1978—
1971—
§7203. Handicapping condition
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 10, 1948, ch. 434, |
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.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by sections 101(b)(2) and 906(a)(2) of
§7204. Other prohibitions
[(a) Repealed.
(b) In the administration of
(c) The Office of Personnel Management may prescribe regulations necessary for the administration of subsection (b) of this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | R.S. §165. | |
| (b) | Oct. 28, 1949, ch. 782, §1103, |
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 (
This subsection was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
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
Editorial Notes
Amendments
1978—
Subsec. (c).
1972—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Effective Date of 1972 Amendment
Amendment by
SUBCHAPTER II—EMPLOYEES' RIGHT TO PETITION CONGRESS
§7211. Employees' right to petition Congress
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.
(Added
Editorial Notes
Prior Provisions
Provisions of this section were contained in
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of