42 U.S.C. § 6107

Definitions

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For purposes of this chapter—(1) the term “Commission” means the Commission on Civil Rights;(2) the term “Secretary” means the Secretary of Health and Human Services;(3) the term “Federal department or agency” means any agency as defined in section 551 of title 5 and includes the United States Postal Service and the Postal Regulatory Commission; and(4) the term “program or activity” means all of the operations of—(A)(i) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or(ii) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;(B)(i) a college, university, or other postsecondary institution, or a public system of higher education; or(ii) a local educational agency (as defined in section 7801 of title 20), system of vocational education, or other school system;(C)(i) an entire corporation, partnership, or other private organization, or an entire sole proprietorship—(I) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or(II) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or(ii) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or(D) any other entity which is established by two or more of the entities described in subparagraph (A), (B), or (C);any part of which is extended Federal financial assistance.(Pub. L. 94–135, title III, § 309, formerly § 308, Nov. 28, 1975, 89 Stat. 731; renumbered § 309, Pub. L. 95–478, title IV, § 401(e), Oct. 18, 1978, 92 Stat. 1556; amended Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–259, § 5, Mar. 22, 1988, 102 Stat. 30; Pub. L. 103–382, title III, § 391(u), Oct. 20, 1994, 108 Stat. 4025; Pub. L. 107–110, title X, § 1076(z), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 114–95, title IX, § 9215(d), Dec. 10, 2015, 129 Stat. 2166.)Editorial NotesAmendments

2015—Par. (4)(B)(ii). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2006—Par. (3). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

2002—Par. (4)(B)(ii). Pub. L. 107–110 substituted “7801” for “8801”.

1994—Par. (4)(B)(ii). Pub. L. 103–382 substituted “section 8801 of title 20” for “section 198(a)(10), of the Elementary and Secondary Education Act of 1965”.

1988—Par. (4). Pub. L. 100–259 added par. (4).

Statutory Notes and Related SubsidiariesChange of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in par. (2) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.

Exclusion From Coverage

Amendment by Pub. L. 100–259 not to be construed to extend application of Age Discrimination Act of 1975 (this chapter) to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100–259, set out as a Construction note under section 1687 of Title 20, Education.

Abortion Neutrality

Amendment by Pub. L. 100–259 not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100–259, set out as a note under section 1688 of Title 20, Education.

Notes of Decisions

Cited in 15 cases (6 in the last 5 years), 1989–2025 · leading case: Maloney v. Social Security Administration

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Maloney v. Social Security Administration (2008) ca2 · cites it 3× “Nevertheless, our Court has not yet had occasion to determine whether Social Security benefits or programs administered by the SSA are “programs or activities” within the meaning of the Age Discrimination Act, 42 U.S.C. § 6107 (4). In Soberal-Perez v.”

Jane Doe v. Mercy Catholic Medical Center (2017) ca3 “§ 794 (b); the Age Discrimination in Employment Act, 42 U.S.C. § 6107 (4); and Title IX, 20 U.”

T. S. v. Heart of CarDon, LLC (2022) ca7 “§ 1687 ; 42 U.S.C. § 6107 (4); 42 U.S.C. § 2000d-4a.”

John Doe v. The Salvation Army in the United States (2012) ca6 “§ 2000d-4a; Age Discrimination Act of 1975, 42 U.S.C. § 6107 . 6 . Section 504 of the Rehabilitation Act, as amended, now reads as follows: (a) Promulgation of rules and regulations No otherwise qualified individual with a disability .”

Steshenko v. Gayrard (2014) cand “See 42 U.S.C. § 6107 (4)(B)(i). Because school employees are not included in that definition, and because school employees do not “receive federal financial assistance,” Gayrard and Abramson are not the proper defendants under the ADA.”

Sindram v. Fox (2010) ca3 “See 42 U.S.C. § 6107 (4). .For the reasons the District Court provided in the orders filed on October 31, 2007 and August 5, 2008, Sindram's remaining constitutional claims and claims under the Rehabilitation Act and the FTCA properly were dismissed.”

Rannels v. Hargrove (1990) paed “” 42 U.S.C.A. § 6107 (4) (West Supp.1989). Thus, the Department of Banking itself— not the Commonwealth as a whole — would have to receive federal assistance for the ADA to apply to it.”

Arthur Radcliff v. Bruce G. Landau University of West Los Angeles Perry M. Polski Henry Blunt, Jr. Lanny Wong (1989) ca9 “1989); 42 U.S.C.A. § 6107 (West Supp. 1989).”

Maloney v. United States (2008) ca2 · cites it 3× “Nevertheless, our Court has not yet had occasion to determine whether Social Security benefits or programs administered by the SSA are “programs or activities” within the meaning of the Age Discrimination Act, 42 U.S.C. § 6107 (4). In Soberal-Perez v.”

Burton v. United States of America (2024) flmd “6 at 9-10. As the magistrate judge explained, the ADA excludes from coverage all federal entities and any age-based benefits criteria established via statute.”

Hammons v. University of Maryland Medical System Corporation (2023) mdd “§ 1687 (same); 42 U.S.C. § 6107 (4)(same). 19 See T.S., 43 F.”

Pritchard v. Blue Cross Blue Shield of Illinois (2022) wawd “§ 1687 ; 42 U.S.C. § 6107 (4); 42 U.S.C. 11 § 2000d-4a).”

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