U.S. Code » Title 42 » Chapter CHAPTER 81— ENERGY CONSERVATION AND RESOURCE RENEWAL › Subchapter SUBCHAPTER III— ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS › Part Part A— Weatherization Assistance for Low-Income Persons

42 U.S.C. § 6870

Prohibition against discrimination; notification to funded project of violation; penalties for failure to comply

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(a) No person in the United States shall, on the ground of race, color, national origin, or sex, or on the ground of any other factor specified in any Federal law prohibiting discrimination, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, project, or activity supported in whole or in part with financial assistance under this part.(b) Whenever the Secretary determines that a recipient of financial assistance under this part has failed to comply with subsection (a) or any applicable regulation, he shall notify the recipient thereof in order to secure compliance. If, within a reasonable period of time thereafter, such recipient fails to comply, the Secretary shall—(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;(2) exercise the power and functions provided by title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] and any other applicable Federal nondiscrimination law; or(3) take such other action as may be authorized by law.(Pub. L. 94–385, title IV, § 420, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, § 577(2), June 30, 1980, 94 Stat. 760.)Editorial NotesReferences in Text

The Civil Rights Act of 1964, referred to in subsec. (b)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

Amendments

1980—Subsec. (b). Pub. L. 96–294 substituted “Secretary” for “Administrator” wherever appearing.

Notes of Decisions
Cited in 4 cases, 1980–2020 · leading case: Bostock v. Clayton County
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Bostock v. Clayton County (2020) scotus · cites it 2× “§6727 (a)(1) (Public Works Employ- ment; Nondiscrimination)  42 U. S. C. §6870 (a) (Weatherization Assistance for Low-Income Persons)  42 U.”
Houston v. Williams (2008) ca11 · cites it 2× “Under 42 U.S.C. § 6870 (b), Congress gave the Secretary of Energy, not individuals, the right to take action against a state for non-compliance.”
Guardians Assn. v. Civil Serv. Comm'n of New York City (1983) scotus “§ 6709 (Public Works Employment Act); 42 U. S. C. § 6870 (a) (Energy Conservation and Resources Renewal Act of 1976); 45 U.”
Brown v. Califano (1980) cadc “§ 6709 (public work employment) (1976); 42 U.S.C. § 6870 (energy conservation) (1976); 49 U.”
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