42 U.S.C. § 12117

Enforcement

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(a) Powers, remedies, and procedures

The powers, remedies, and procedures set forth in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under section 12116 of this title, concerning employment.

(b) Coordination

The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990.

(Pub. L. 101–336, title I, § 107, July 26, 1990, 104 Stat. 336.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title.

Notes of Decisions

Cited in 1,852 cases (584 in the last 5 years), 1991–2026 · leading case: Lewis v. Humboldt Acquisition Corp., Inc., 681 F.3d 312 (6th Cir. 2012).

Sort: Relevance Newest Treatment

Lewis v. Humboldt Acquisition Corp., Inc., 681 F.3d 312 (6th Cir. 2012). · cites it 14× “" 42 U.S.C. § 12117 (b). Here, too, a relevant caveat appears, as the provision speaks only of similar treatment "for the same requirements" under the two statutes, a prerequisite that remains unfulfilled.”

Natofsky v. City Of New York, 921 F.3d 337 (2d Cir. 2019). · cites it 5× “*349 42 U.S.C. § 12117 (a). Notably absent from this provision, however, is § 2000e-2(m), which establishes Title VII's mixed-motive test.”

Equal Emp. Opportunity Comm'n v. Waffle House, Inc., 534 U.S. 279 (2002). · cites it 6× “After an investigation and an unsuccessful attempt to conciliate, the EEOC filed an enforcement action against respondent in the Federal District Court for the District of South Carolina, [2] pursuant to § 107(a) of the ADA, 42 U. S. C. § 12117 (a) (1994 ed.), and § 102 of the…”

Nancy Walsh v. Nevada Dep't of Human Resources, Div. of Healthcare, Fin. & Policy State of Nevada, 471 F.3d 1033 (9th Cir. 2006). · cites it 3× “NOONAN, Circuit Judge: Nancy Walsh appeals the dismissal of her suit under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12117 (a), against the State of Nevada, the State Department of Human Resources, and individual employees of the Department.”

Gentry v. East West Partners Club Mgmt. Co., 816 F.3d 228 (4th Cir. 2016). · cites it 2× “- 42 U.S.C. § 12117 (a). However, while this language incorporates Title VH’s “Enforcement provisions” in § 2000e-5, it does not incorporate the “Unlawful employment practices” in § 2000e-2, including § 2000e-2(m), which establishes mixed motive employment practices as unlawful.”

Adem A. Albra v. Advan, Inc., 490 F.3d 826 (11th Cir. 2007). · cites it 2× “The remedies for violation of the ADA’s anti-retaliation provision in the employment context are set forth in 42 U.S.C. § 12117 . 42 U.S.C. § 12203 (c).”

Shotz v. City of Plantation, FL, 344 F.3d 1161 (11th Cir. 2003). · cites it 2× “There, the aggrieved person is ultimately referred to the remedies provided by Title VII of the Civil Rights Act of 1964, see § 12203(c); 42 U.S.C. § 12117 (a), which prohibits discrimination by the same entities as prohibited by Subchapter I of the ADA regulating employment,…”

Michael Simko v. United States Steel Corp, 992 F.3d 198 (3rd Cir. 2021). · cites it 2× “1999) (noting that claims asserted under the ADA must be filed in adherence with the administrative procedures set forth in Title VII); 42 U.S.C. §§ 12117 (a), 2000e-5.5 In Pennsylvania, an aggrieved party must initiate this pre-suit procedure by filing a charge with the EEOC…”

Teresa Zerilli-Edelglass v. New York City Transit Auth. & Manhattan & Bronx Surface Transit Operating Auth., 333 F.3d 74 (2d Cir. 2003). · cites it 2× “42 U.S.C. § 12117 (a) states in relevant part: The powers, remedies, and procedures set forth in section! ] • • ■ 2000e-5 .”

In the Interest of Doe, 60 P.3d 285 (Haw. 2002). · cites it 4× “; 42 U.S.C. § 12117 (a) ("The powers, remedies, and procedures set forth in sections 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this title shall be the powers, remedies, and procedures [of the ADA.”

Equal Emp. Opportunity Comm'n v. Sundance Rehab. Corp., 466 F.3d 490 (6th Cir. 2006). · cites it 4× “The EEOC sued SunDance under the antiretaliation provisions of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12117 (a) and 12203; Age Discrimination in Employment Act (“ADEA”), 29 U.”

Lincoln v. BNSF Ry. Co., 900 F.3d 1166 (10th Cir. 2018). “See 42 U.S.C. § 12117 (a) ("The powers, remedies and procedures set forth in section[ ] .”

Show all 1,852 citing cases →

— 42 U.S.C. § 12117(a) — 6 cases

Hillware v. Snyder, 151 F. Supp. 3d 154 (D.D.C. 2015).

Rzadkowski-Chévere v. Admin. for Child Support Enf't, 363 F. Supp. 2d 1 (D.P.R. 2005).

John Houston v. Cape Haze Tavern, LLC (M.D. Fla. 2025).

Place v. Abbott Labs., Inc., 938 F. Supp. 1379 (N.D. Ill. 1996).

James C. Jackson v. Illinois Cent. R.R. Co., et al. (E.D. Wis. 2025).

— 42 U.S.C. § 12117(b) — 1 case

Bercovitch v. Baldwin Sch. (1st Cir. 1998).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.