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Return to HHS Home PageVI. How Are The Nondiscrimination Laws Enforced?
Generally, if an individual files a complaint alleging that he or she was denied benefits or otherwise discriminated against in a program or activity that received Federal funds, the agency that provided the Federal funds may conduct an administrative investigation of the complaint. An investigation may include interviews and collection of data from the complainant and welfare provider. If an agency believes discrimination has occurred, it will initially seek voluntary compliance by the welfare provider. The agency may also officer technical assistance to the welfare provider to prevent future instances of discrimination. If the complaint cannot be resolved voluntarily, the agency may seek to terminate a welfare provider’s Federal funding, or may refer the complaint to the United States Department of Justice, Civil Rights Division, which may file a lawsuit in Federal court to enforce compliance. Individuals may file private lawsuits to enforce their rights under Title VI, Title IX, Section 504, or the Age Discrimination Act and, in certain circumstances, may recover damages if they prevail.
Individuals who work also may have rights under the Federal employment discrimination laws that protect against unlawful discrimination in hiring, work assignments, promotions, etc., and may file a complaint with the appropriate Federal agency. Individuals, after complying with administrative complaint procedures at the Federal agency level, may also bring lawsuits to enforce their rights (including the potential for damages) under Title VII, the ADEA, and IRCA’s antidiscrimination provision. Individuals may file private suits to enforce their rights under the ADA, Section 504, and EPA without first filing an administrative complaint.
Federal contractors and subcontractors are required to comply with Executive order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended.
These laws ban discrimination and also require Federal contractors, subcontractors, and contractors working on federally assisted construction contracts to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability, or status as a Vietnam era or special disabled veteran. These laws are administered by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). In certain circumstances, OFCCP also acts as an agent for the Equal Employment Opportunity Commission in the enforcement of the ADA and Title VII.
Date of last revision: March 3, 2006