Current through September 30, 2024
Section 1635.10 - Enforcement and remedies(a)Powers and procedures: The following powers and procedures shall apply to allegations that Title II of GINA has been violated:(1) The powers and procedures provided to the Commission, the Attorney General, or any person by sections 705 through 707 and 709 through 711 of the Civil Rights Act of 1964, 4 2 U.S.C. 2000e-4 through 2000e-6 and 2000e-8 through 2000e-10 , where the alleged discrimination is against an employee defined in 1635.2(c)(1) of this part or against a member of a labor organization;(2) The powers and procedures provided to the Commission and any person by sections 302 and 304 of the Government Employees Rights Act, 4 2 U.S.C. 2000e-16b and 2000e-16c , and in regulations at 29 CFR part 1603 , where the alleged discrimination is against an employee as defined in § 1635.2(c)(2) of this part;(3) The powers and procedures provided to the Board of Directors of the Office of Compliance and to any person under the Congressional Accountability Act, 2 U.S.C. 1301 et seq. (including the provisions of Title 3 of that act, 2 U.S.C. 1381 et seq.), where the alleged discrimination is against an employee defined in § 1635.2(c)(3) of this part;(4) The powers and procedures provided in 3 U.S.C. 451 et seq., to the President, the Commission, or any person in connection with an alleged violation of section 3 U.S.C. 411(a)(1) , where the alleged discrimination is against an employee defined in § 1635.2(c)(4) of this part;(5) The powers and procedures provided to the Commission, the Librarian of Congress, and any person by section 717 of the Civil Rights Act, 4 2 U.S.C. 2000e-16 , where the alleged discrimination is against an employee defined in § 1635.2(c)(5) of this part.(b)Remedies. The following remedies are available for violations of GINA sections 202, 203, 204, 205, 206, and 207(f):(1) Compensatory and punitive damages as provided for, and limited by, 4 2 U.S.C. 1981a(a)(1) and (b) ;(2) Reasonable attorney's fees, including expert fees, as provided for, and limited by, 4 2 U.S.C. 1988(b) and (c) ; and(3) Injunctive relief, including reinstatement and hiring, back pay, and other equitable remedies as provided for, and limited by, 4 2 U.S.C. 2000e-5(g) .(c)Posting of Notices.(1) Every covered entity shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this regulation and information pertinent to the filing of a complaint.(2) A willful violation of this requirement shall be punishable by a fine of not more than $100 for each separate offense.