§ 794a. — Remedies and attorney fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC794a]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER V--RIGHTS AND ADVOCACY
Sec. 794a. Remedies and attorney fees
(a)(1) The remedies, procedures, and rights set forth in section 717
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including the
application of sections 706(f) through 706(k) (42 U.S.C. 2000e-5(f)
through (k)), shall be available, with respect to any complaint under
section 791 of this title, to any employee or applicant for employment
aggrieved by the final disposition of such complaint, or by the failure
to take final action on such complaint. In fashioning an equitable or
affirmative action remedy under such section, a court may take into
account the reasonableness of the cost of any necessary work place
accommodation, and the availability of alternatives therefor or other
appropriate relief in order to achieve an equitable and appropriate
remedy.
(2) The remedies, procedures, and rights set forth in title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] shall be
available to any person aggrieved by any act or failure to act by any
recipient of Federal assistance or Federal provider of such assistance
under section 794 of this title.
(b) In any action or proceeding to enforce or charge a violation of
a provision of this subchapter, the court, in its discretion, may allow
the prevailing party, other than the United States, a reasonable
attorney's fee as part of the costs.
(Pub. L. 93-112, title V, Sec. 505, as added Pub. L. 95-602, title I,
Sec. 120(a), Nov. 6, 1978, 92 Stat. 2982.)
References in Text
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil
Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d
et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 2000a of Title 42 and Tables.
Section Referred to in Other Sections
This section is referred to in section 794d of this title; title 2
section 1311; title 3 section 411; title 22 section 3905; title 42
sections 1981a, 10406, 12133.
