29 CFR 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:
Terms Used In 29 CFR 1635.10
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(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, 42 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, 42 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, 42 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, 42 U.S.C. § 1981a(a)(1) and (b);
(2) Reasonable attorney’s fees, including expert fees, as provided for, and limited by, 42 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, 42 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.