,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfih ,,in ,,the ,,house ,,of ,,representatives ,october #bg1 #bjbj,ms4 ,tlaib 7for herself1 ,mr4 ,kennedy1 and ,ms4 ,haaland7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,civil ,rights ,act of #aifd to clarify that disparate impacts on certain populations constitute a sufficient basis for rights of action under such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice for ,all ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,this ,act is made necessary by a decision of the ,supreme ,court in ,alexander v4 ,sandoval1 #ecb ,u4,s4 #bge 7#bjja7 that significantly impairs statutory protections against discrimination that ,congress has erected over a period of almost #d decades4 ,the ,sandoval decision undermines these statutory protections by stripping victims of discrimination 7defined under regulations that ,congress required ,federal departments and agencies to promulgate to implement title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq477 of the right to bring action in ,federal court to redress the discrimination4 7#b7 ,the ,sandoval decision contradicts settled expectations created by title ,,vi of the ,civil ,rights ,act of #aifd1 title ,,ix of the ,education ,amendments of #aigb 7also known as the ,patsy ,takemoto ,mink ,equal ,opportunity in ,education ,act7 7#bj ,u4,s4,c4 #afha et seq471 the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #faja et seq471 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 7collectively referred to in this ,act as the covered civil rights provisions74 ,the covered civil rights provisions were designed to establish and make effective the rights of persons to be free from discrimination on the part of entities that are subject to #a or more of the covered civil rights provisions1 as appropriate 7referred to in this ,act as covered entities74 ,in #aifd ,congress adopted title ,,vi of the ,civil ,rights ,act of #aifd to ensure that ,federal dollars would not be used to subsidize or support programs or activities that discriminated on racial1 color1 or national origin grounds4 ,in the years that followed1 ,congress extended these protections by enacting laws barring discrimination in federally funded education activities on the basis of sex in title ,,ix of the ,education ,amendments of #aigb1 and discrimination in federally funded activities on the basis of age in the ,age ,discrimination ,act of #aige and disability in section #ejd of the ,rehabilitation ,act of #aigc4 7#c7 ,all of the statutes cited in this section were designed to protect persons subject to discrimination4 ,as ,congress has consistently recognized1 effective enforcement of the statutes and protection of the rights guaranteed under the statutes depend heavily on the efforts of private attorneys general4 ,congress acknowledged that it could not secure compliance solely through administrative efforts and enforcement actions initiated by the ,attorney ,general4 ,newman v4 ,piggie ,park ,enterprises1 #cij ,u4,s4 #djj 7#aifh7 7per curiam74 7#d7 ,the ,supreme ,court has made it clear that individuals suffering discrimination under these statutes have a private right of action in the ,federal courts1 and that this is necessary for effective protection of the law1 although ,congress did not make such a right of action explicit in the statute involved4 ,cannon v4 ,university of ,chicago1 #dda ,u4,s4 #fgg 7#aigi74 7#e7 ,furthermore1 for effective enforcement of the statutes cited in this section1 it is necessary that the private right of action include a means to challenge all forms of discrimination that are prohibited by the statutes1 including practices that have a disparate impact and are not justified as necessary to achieve the legitimate goals of programs or activities supported by ,federal financial assistance4 7#f7 ,by reinstating a private right of action to challenge disparate impact discrimination under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and confirming that right for other civil rights statutes1 ,congress is not acting in a manner that would expose covered entities to unfair findings of discrimination4 ,the legal standard for a disparate impact claim has never been structured so that a finding of discrimination could be based on numerical imbalance alone4 7#g7 ,in contrast1 a failure to reinstate or confirm a private right of action would leave vindication of the rights to equality of opportunity solely to ,federal agencies4 ,action by ,congress to specify a private right of action is necessary to ensure that persons will have a remedy if they are denied equal access to education1 housing1 health1 environmental protection1 transportation1 and many other programs and services by practices of covered entities that result in discrimination4 7#h7 ,as a result of the ,supreme ,court's decision in ,sandoval1 courts have dismissed numerous claims brought under the regulations promulgated pursuant to title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 that challenged actions with an unjustified discriminatory effect4 ,although the ,sandoval ,court did not address title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 lower courts have similarly dismissed claims under such title4 7#i7 ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 has received different treatment by the ,supreme ,court4 ,in ,alexander v4 ,choate1 #dfi ,u4,s4 #bhg 7#aihe71 the ,court proceeded on the assumption that the statute itself prohibited some actions that had a disparate impact on disabled individuals--an assumption borne out by congressional statements made during passage of the ,act4 ,in ,sandoval1 the ,court appeared to accept this principle of ,alexander4 ,moreover1 the ,supreme ,court explicitly recognized congressional approval of the regulations promulgated to implement section #ejd of the ,rehabilitation ,act of #aigc in ,consolidated ,rail ,corp4 v4 ,darrone1 #dfe ,u4,s4 #fbd1 #fcd 7#aihd74 ,relying on the validity of the regulations1 ,congress incorporated the regulations into the statutory requirements of section #bjd of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abacd74 ,nonetheless1 ,sandoval creates the potential for uncertainty in the application of critical protections of ,section #ejd1 particularly in the lower courts4 7#aj7 ,the right to maintain a private right of action under a provision added to a statute under this ,act will be effectuated by a waiver of sovereign immunity in the same manner as sovereign immunity is waived under the remaining provisions of that statute4 7#aa7 ,numerous provisions of ,federal law expressly prohibit discrimination on the basis of sex1 and ,federal agencies and courts have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation1 gender identity1 and sex stereotypes4 ,in particular1 the ,equal ,employment ,opportunity ,commission correctly interpreted title ,,vii of the ,civil ,rights ,act of #aifd in ,macy v4 ,holder1 ,baldwin v4 ,foxx1 and ,lusardi v4 ,mc,hugh4 7#ab7 ,in forbidding discrimination based on sex1 ,congress intended to strike at the entire spectrum of disparate treatment resulting from sex-related characteristics4 ,the ,supreme ,court correctly recognized in ,price ,waterhouse v4 ,hopkins and ,oncale v4 ,sundowner ,offshore ,services that among these characteristics are sex-stereotypes1 including masculinity and femininity4 ,congress reaffirmed in the ,pregnancy ,discrimination ,act of #aigh that discrimination on the basis of sex includes but is not limited to discrimination on the basis of pregnancy1 childbirth1 or related medical conditions4 7#ac7 ,the absence of explicit prohibitions of discrimination on the basis of sexual orientation and gender identity under ,federal statutory law has created uncertainty for employers and other entities covered by ,federal nondiscrimination laws and caused unnecessary hardships for ,,lgbtq individuals4 7#ad7 ,the ,supreme ,court correctly recognized in ,hobby ,lobby v4 ,burwell that the ,religious ,freedom ,restoration ,act of #aiic 7,,rfra7 provides no ''' shield to those who cloak discrimination as religious practice to escape legal sanction4 ,this ,act reaffirms that crucial limitation on ,,rfra1 that ,congress did not intend for it to be used--and indeed it cannot be used--to provide a defense against allegations of discrimination on the basis of any protected trait4 7#ae7 ,chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 represented an exercise of legislative power that required courts to recognize private voluntary agreements to arbitrate commercial disputes at a time when the courts were refusing to do so on grounds that arbitration represented a usurpation of the authority of the courts to resolve legal disputes4 7#af7 ,the ,federal ,arbitration ,act did not1 and should not have been interpreted to1 supplant or nullify the legislatively created rights and remedies that ,congress1 exercising its power under article ,i of the ,constitution of the ,united ,states1 has granted to the people of the ,united ,states for resolving disputes in ,state and ,federal courts4 7#ag7 ,recent court decisions1 including ,,at,t ,mobility ,,llc v4 ,concepcion1 #efc ,u4,s4 #ccc 7#bjaa7 and ,american ,express ,co4 v4 ,italian ,colors ,restaurant1 #acc ,s4 ,ct4 #bcjd 7#bjac71 have interpreted the ,federal ,arbitration ,act to broadly preempt rights and remedies established under substantive ,state and ,federal law4 ,as a result1 these decisions have enabled business entities to avoid or nullify legal duties created by congressional enactment1 resulting in millions of people in the ,united ,states being unable to vindicate their rights in ,state and ,federal courts4 7#ah7 ,states have a compelling interest in enacting rights and remedies to protect the welfare of their citizens1 and the ,federal ,arbitration ,act should not be1 and should not have been1 interpreted to preempt ,state legislation that enacted rights and remedies to protect the welfare of their citizens4 7#ai7 ,the ,supreme ,court misinterpreted ,title ,,vii of the ,civil ,rights ,act in establishing the ,faragher-,ellerth affirmative defense in ,faragher v4 ,city of ,boca ,raton and ,burlington ,industries1 ,inc4 v4 ,ellerth4 ,this affirmative defense often leaves victims of sexual harassment with no remedy or recourse after incidence of sexual or other harassment4 ,violations of the law1 and injuries to a victim and their rights1 are not cured by the existence of an anti-harassment policy or the lack of future harm1 and in a hostile work environment taking preventative measures is not a requirement that falls on the victim4 7#bj7 ,bringing a lawsuit to vindicate civil rights is financially risky1 and law firms1 whether large or small1 are unlikely to take such cases on4 ,congress enacted the ,civil ,rights ,attorney's ,fees ,award ,act of #aigf in order to make lawsuits to vindicate civil rights more accessible to potential plaintiffs4 ,the ,supreme ,court correctly recognized in ,city of ,riverside v4 ,rivera that the effectuation of congressional intent requires viable civil rights lawsuits1 which are dependent on the availability of private enforcement mechanisms and the corresponding availability of attorney's fees4 7#ba7 ,however1 the ,supreme ,court incorrectly held that the catalyst theory is not a permissible basis for the award of attorney's fees in ,buckhannon v4 ,west ,virginia ,department of ,health ,human ,resources4 ,in doing so1 the ,court deprived plaintiffs who effectively win a lawsuit through a settlement1 from receiving pre-trial attorney's fees4 ,congress enacted fee-shifting provisions in civil rights laws to encourage private enforcement of those laws1 and fees must be awarded when a lawsuit vindicates the rights ,congress sought to secure4 ,in disapproving of the catalyst theory the ,court incentivized potential defendants to draw out the pre-trial process and settle at the last second1 making the lawsuit too expensive for the average victim to undertake and too risky for the average attorney to accept a civil rights case4 7#bb7 ,the ,civil ,rights ,act of #aifd1 and other civil rights laws that followed it1 were written1 in part1 to banish rampant disparate treatment on the basis of race from ,american society4 ,congress sought to overcome the pervasive1 racist ideology that ,black traits were inferior by prohibiting discrimination1 and intended the ,act to be interpreted broadly--encompassing race and all its attributes1 especially those traits historically associated with race4 7#bc7 ,blackness and its associated physical traits1 such as dark skin and kinky and curly hair1 have too often been equated with inferiority and unprofessionalism4 ,professionalism was1 and still is1 closely linked to ,european features and mannerisms1 which entails that those who do not naturally fall into ,eurocentric norms must alter their appearances1 sometimes drastically and permanently1 in order to be deemed professional4 ,such norms are1 on their face1 proxies for race4 7#bd7 ,federal courts have correctly interpreted1 e4g4 that ,title ,,vii of the ,civil ,rights ,act of #aifd prohibits discrimination on the basis of race1 and thus protect individuals from discrimination against afros4 ,however1 the courts have yet to accept that the ,act outlaws dress codes and grooming policies that prohibit any natural presentation of ,black hair1 including afros1 braids1 twists1 and locks4 ,although purportedly race-neutral1 these policies have a disparate impact on ,black individuals as they are more likely to deter1 burden1 or punish ,black individuals than any other group4 ,therefore1 hair discrimination targeting hairstyles associated with race is racial discrimination4 #c4 ,prohibited discrimination 7a7 ,civil ,rights ,act of #aifd ,section #fja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d7 is amended-- 7#a7 by striking ,no and inserting 7a7 ,no2 7#b7 by inserting religion1 sex 7as such term is defined in section #bjh71 before or national origin2 and 7#c7 by adding at the end the following3 7b7 7#a7 7,a7 ,discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title only if-- 7i7 a person aggrieved by discrimination on the basis of race1 color1 sex 7as defined in section #bjh71 or national origin 7referred to in this title as a person aggrieved7 demonstrates that an entity subject to this title 7referred to in this title as a covered entity7 has a policy or practice that causes a disparate impact on the basis of race1 color1 sex 7as such term is defined in section #bjh71 or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner2 or 7ii7 the person aggrieved demonstrates 7consistent with the demonstration required under title ,,vii with respect to an alternative employment practice7 that a less discriminatory alternative policy or practice exists1 and the covered entity refuses to adopt such alternative policy or practice4 7,b7 7i7 ,with respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph 7,a77i71 the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact1 except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis1 the decisionmaking process may be analyzed as #a policy or practice4 7ii7 ,if the covered entity demonstrates that a specific policy or practice does not cause the disparate impact1 the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity4 7#b7 ,a demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title4 7#c7 ,in this subsection1 the term demonstrates means meets the burdens of production and persuasion4 4 7b7 ,education ,amendments of #aigb ,section #ija of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7e72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 7#a7 7,a7 ,subject to the conditions described in paragraphs 7#a7 through 7#i7 of subsection 7a71 discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title only if-- 7i7 a person aggrieved by discrimination on the basis of sex 7as such term is defined in section #bjh of the ,civil ,rights ,act of #aifd7 7referred to in this title as a person aggrieved7 demonstrates that an entity subject to this title 7referred to in this title as a covered entity7 has a policy or practice that causes a disparate impact on the basis of sex and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner2 or 7ii7 the person aggrieved demonstrates 7consistent with the demonstration required under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 with respect to an alternative employment practice7 that a less discriminatory alternative policy or practice exists1 and the covered entity refuses to adopt such alternative policy or practice4 7,b7 7i7 ,with respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph 7,a77i71 the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact1 except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis1 the decisionmaking process may be analyzed as #a policy or practice4 7ii7 ,if the covered entity demonstrates that a specific policy or practice does not cause the disparate impact1 the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity4 7#b7 ,a demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title4 7#c7 ,in this subsection1 the term demonstrates means meets the burdens of production and persuasion4 4 7c7 ,age ,discrimination ,act of #aige ,section #cjc of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajb7 is amended-- 7#a7 by striking ,pursuant and inserting 7a7 ,pursuant2 and 7#b7 by adding at the end the following3 7b7 7#a7 7,a7 ,subject to the conditions described in subsections 7b7 and 7c7 of section #cjd1 discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title only if-- 7i7 a person aggrieved by discrimination on the basis of age 7referred to in this title as a person aggrieved7 demonstrates that an entity subject to this title 7referred to in this title as a covered entity7 has a policy or practice that causes a disparate impact on the basis of age and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner2 or 7ii7 the person aggrieved demonstrates 7consistent with the demonstration required under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 with respect to an alternative employment practice7 that a less discriminatory alternative policy or practice exists1 and the covered entity refuses to adopt such alternative policy or practice4 7,b7 7i7 ,with respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph 7,a77i71 the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact1 except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis1 the decisionmaking process may be analyzed as #a policy or practice4 7ii7 ,if the covered entity demonstrates that a specific policy or practice does not cause the disparate impact1 the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity4 7#b7 ,a demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title4 7#c7 ,in this subsection1 the term demonstrates means meets the burdens of production and persuasion4 4 7d7 ,fair ,housing ,act ,the ,fair ,housing ,act 7title ,,viii of the ,civil ,rights ,act of #aifh2 #db ,u4,s4,c4 #cfja et seq47 is amended-- 7#a7 in section #hjb1 by adding at the end the following3 7p7 ,sex has the meaning given such term in section #bjh of the ,civil ,rights ,act of #aifd4 7q7 ,source of income includes-- 7#a7 any income from a profession1 occupation1 or job2 7#b7 any form of ,federal1 ,state1 or local housing assistance provided to a family or provided to a housing owner on behalf of a family1 or private assistance1 grant1 loan or rental assistance program1 including low-income housing assistance certificates1 rental subsidies from nongovernmental organizations1 and vouchers issued under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq472 7#c7 any income received during a taxable year as ,social ,security benefits1 as defined in section #hf7;d7 of the ,internal ,revenue ,code of #aihf1 or as supplemental security income benefits under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7#d7 any gift1 inheritance1 pension1 annuity1 or other consideration or benefit2 7#e7 any income received pursuant to court order1 including spousal support and child support2 7#f7 any payment from a trust1 guardian1 or conservator2 7#g7 any income from the sale or pledge of property or an interest in property2 and 7#h7 any other lawful source of income4 7r7 ,race1 color1 religion1 sex1 sexual orientation1 gender identity1 handicap1 familial status1 source of income1 or national origin1 used with respect to an individual1 includes-- 7#a7 the race1 color1 religion1 sex1 sexual orientation1 gender identity1 handicap1 familial status1 source of income1 or national origin1 respectively1 of another person with whom the individual is associated or has been associated2 and 7#b7 a perception or belief1 even if inaccurate1 concerning the race1 color1 religion1 sex1 sexual orientation1 gender identity1 handicap1 familial status1 source of income1 or national origin1 respectively1 of the individual4 2 7#b7 in section #hjd1 by inserting 7as defined in section #bjh of the ,civil ,rights ,act of #aifd71 source of income1 after sex each place that term appears2 7#c7 in section #hje1 by inserting 7as defined in section #bjh of the ,civil ,rights ,act of #aifd71 source of income1 after sex each place that term appears2 7#d7 in section #hjf1 by inserting 7as defined in section #bjh of the ,civil ,rights ,act of #aifd71 source of income1 after sex2 7#e7 in section #hjg 7#db ,u4,s4,c4 #cfjg71 by adding at the end the following3 7c7 ,nothing in this title shall be construed to-- 7#a7 prohibit an entity from providing housing assistance under section #h7o77#ai7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ai77 in a nondiscriminatory manner2 or 7#b7 limit the ability of the owner of a dwelling to determine1 in a commercially reasonable and non-discriminatory manner1 the ability of a person to afford to purchase or rent the dwelling4 2 and 7#f7 in section #hjh7;e77#f7 7#db ,u4,s4,c4 #cfjh7;e77#f771 by inserting source of income1 after handicap14 7e7 ,prevention of intimidation in ,fair ,housing cases ,section #ija of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfca7 is amended by inserting 7as such term is defined in section #bjh of the ,civil ,rights ,act of #aifd71 source of income 7as defined in section #hjb71 after sex each place that term appears4 #d4 ,right of recovery 7a7 ,civil ,rights ,act of #aifd ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 is amended by inserting after section #fjb the following3 #fjb;,a4 ,actions brought by persons aggrieved 7a7 ,claims ,based on ,proof of ,intentional ,discrimination ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7b7 ,claims ,based on the ,disparate ,impact ,standard of ,proof ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7c7 ,settlement ,in any settlement agreement or consent decree to resolve an action brought or which may be brought under this title1 attorney's fees of the plaintiff shall be included4 4 7b7 ,education ,amendments of #aigb ,title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 is amended by inserting after section #ijb the following3 #ijb;,a4 ,actions brought by persons aggrieved 7a7 ,claims ,based on ,proof of ,intentional ,discrimination ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7b7 ,claims ,based on the ,disparate ,impact ,standard of ,proof ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7c7 ,settlement ,in any settlement agreement or consent decree to resolve an action brought or which may be brought under this title1 attorney's fees of the plaintiff shall be included4 4 7c7 ,age ,discrimination ,act of #aige 7#a7 ,in general ,section #cje of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajd7 is amended by adding at the end the following3 7g7 7#a7 ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7#b7 ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7#c7 ,in any settlement agreement or consent decree to resolve an action brought or which may be brought under this title1 attorney's fees of the plaintiff shall be included4 4 7#b7 ,conformity of ,,ada with ,title ,,vi and ,title ,,ix 7,a7 ,eliminating waiver of right to fees if not requested in complaint ,section #cje7;e77#a7 of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajd7;e77 is amended-- 7i7 by striking to enjoin a violation and inserting to redress a violation2 and 7ii7 by striking the second sentence and inserting the following3 ,the ,court shall award the costs of suit1 including a reasonable attorney's fee 7including expert fees71 to the prevailing plaintiff44 7,b7 ,eliminating unnecessary mandates3 to exhaust administrative remedies2 and to delay suit longer than #ahj days to obtain agency review ,section #cje7;f7 of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajd7;f77 is amended by striking ,with respect to actions brought for relief based on an alleged violation of the provisions of this title1 and inserting ,actions brought for relief based on an alleged violation of the provisions of this title may be initiated in a court of competent jurisdiction1 pursuant to section #cje7;e71 or before the relevant ,federal department or agency4 ,with respect to such actions brought initially before the relevant ,federal department or agency14 7,c7 ,eliminating duplicative reasonableness requirement2 clarifying that reasonable factors other than age is defense to a disparate impact claim1 not an exception to ada coverage ,section #cjd7;b77#a7 of the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #fajc7;b77#a77 is amended by striking involved-- and all that follows through the period and inserting involved such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of such program or activity44 7d7 ,rehabilitation ,act of #aigc ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 is amended by adding at the end the following3 7e7 7#a7 ,in an action brought by a person aggrieved by discrimination on the basis of disability 7referred to in this section as a person aggrieved7 under this section against an entity subject to this section 7referred to in this section as a covered entity7 who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this section 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7#b7 ,in an action brought by a person aggrieved under this section against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this section 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7#c7 ,equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs shall be available in all cases brought for the failure to provide reasonable accommodations or reasonable modifications1 or the failure to comply with requirements of effective communication1 accessible design1 maintenance of accessible features1 or program accessibility4 7#d7 ,in any settlement agreement or consent decree to resolve an action brought or which may be brought under this section1 attorney's fees of the plaintiff shall be included4 4 7e7 ,fair ,housing ,act ,the ,fair ,housing ,act 7title ,,viii of the ,civil ,rights ,act of #aifh2 #db ,u4,s4,c4 #cfja et seq471 as amended by this ,act1 is further amended by adding at the end the following3 #hbc4 ,disparate impact 7a7 ,in general 7#a7 ,establishment ,discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title only if-- 7,a7 a person aggrieved by discrimination on the basis of race1 color1 sex1 or national origin demonstrates that an entity subject to this title 7referred to in this title as a covered entity7 has a policy or practice that causes a disparate impact on the basis of race1 color1 sex1 or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner2 or 7,b7 the person aggrieved demonstrates that a less discriminatory alternative policy or practice exists1 and the covered entity refuses to adopt such alternative policy or practice4 7#b7 ,demonstration 7,a7 ,causation ,with respect to demonstrating that a particular policy or practice causes a disparate impact as described in subsection 7a77#a71 the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact1 except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis1 the decisionmaking process may be analyzed as #a policy or practice4 7,b7 ,no requirement to demonstrate ,if the covered entity demonstrates that a specific policy or practice does not cause the disparate impact1 the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity4 7b7 ,necessity of intentional discrimination ,to achieve policy goals not a defense ,a demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title4 7c7 ,definition ,in this section1 the term demonstrates means meets the burdens of production and persuasion4 #hbd4 ,relief for claims based on differing standards of proof 7a7 ,claims ,based on ,proof of ,intentional ,discrimination ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7b7 ,claims ,based on the ,disparate ,impact ,standard of ,proof ,in an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title 7including its implementing regulations71 the person aggrieved may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7c7 ,relief available ,equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs shall be available in all cases brought for the failure to permit reasonable accommodations1 make reasonable modifications1 or design and construct accessible dwellings as required by section #hjd7;f77#c77;,c74 7d7 ,settlement ,in any settlement agreement or consent decree to resolve an action brought or which may be brought under this title1 attorney's fees of the plaintiff shall be included4 4 #e4 ,prohibition on discrimination by law enforcement 7a7 ,definitions ,in this section-- 7#a7 ,the term governmental body means any department1 agency1 special purpose district1 or other instrumentality of ,federal1 ,state1 local1 or ,indian tribal government4 7#b7 ,the term ,indian tribe has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7#c7 ,the term law enforcement agency means any ,federal1 ,state1 local1 or ,indian tribal governmental body engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#d7 ,the term law enforcement agent means any ,federal1 ,state1 local1 or ,indian tribal official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#e7 ,the term profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on actual or perceived race1 ethnicity1 national origin1 religion1 sex 7as defined in section #bjh of the ,civil ,rights ,act of #aifd71 gender identity1 or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following any initial investigatory procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme4 7#f7 ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection1 analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7,i7 ,such other types of law enforcement encounters compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#g7 ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory or possession of the ,united ,states4 7#h7 ,the term unit of local government means-- 7,a7 any city1 county1 township1 town1 borough1 parish1 village1 or other general purpose political subdivision of a ,state2 7,b7 any law enforcement district or judicial enforcement district that-- 7i7 is established under applicable ,state law2 and 7ii7 has the authority to1 in a manner independent of other ,state entities1 establish a budget and impose taxes2 or 7,c7 any ,indian tribe that performs law enforcement functions1 as determined by the ,secretary of the ,interior4 7b7 ,prohibition of profiling 7#a7 ,in general ,no law enforcement agent or law enforcement agency shall engage in profiling4 7#b7 ,enforcement 7,a7 ,remedy ,the ,united ,states1 or an individual injured by profiling1 may enforce this title in a civil action for equitable or legal relief1 filed in a ,state court of general jurisdiction or in a district court of the ,united ,states4 7,b7 ,parties ,in any action brought under this title1 relief may be obtained against-- 7i7 any governmental body that employed any law enforcement agent who engaged in profiling2 7ii7 any agent of such body who engaged in profiling2 and 7iii7 any person with supervisory authority over such agent4 7,c7 ,nature ,of ,proof ,proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in subsection 7a77#e7 shall constitute prima facie evidence of a violation of this section4 7,d7 ,attorney's ,fees ,in any action or proceeding to enforce this section against any governmental body1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fees4 #f4 ,public accommodations 7a7 ,prohibition on discrimination or segregation in public accommodations ,section #bja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7 is amended-- 7#a7 in subsection 7a71 by inserting sex1 before or national origin2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by striking stadium and all that follows and inserting stadium or other place or establishment that provides exhibition1 entertainment1 recreation1 exercise1 amusement1 gathering1 or display22 7,b7 by redesignating paragraph 7#d7 as paragraph 7#f72 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 any establishment that provides a good1 service1 or program1 including a store1 shopping center1 online retailer or service provider1 salon1 bank1 gas station1 food bank1 service or care center1 shelter1 travel agency1 funeral parlor1 or any establishment that provides health care1 accounting1 or legal services2 7#e7 any train service1 bus service1 car service1 taxi service1 airline service1 station1 depot1 or other place of or establishment that provides transportation service2 and 4 7b7 ,prohibition on discrimination or segregation under law ,section #bjb of such ,act 7#db ,u4,s4,c4 #bjjj;a-#a7 is amended by inserting sex1 before or national origin4 7c7 ,definitions and rules of construction ,title ,,ii of such ,act 7#db ,u4,s4,c4 #bjjj;a et seq47 is amended by adding at the end the following3 #bjh4 ,definitions and rules 7a7 ,definitions 7#a7 ,race2 color2 religion2 sex2 sexual orientation2 gender identity2 national origin ,the term race1 color1 religion1 sex 7including sexual orientation and gender identity71 or national origin1 used with respect to an individual1 includes-- 7,a7 the race1 color1 religion1 sex 7including sexual orientation and gender identity71 or national origin1 respectively1 of another person with whom the individual is associated or has been associated2 7,b7 a perception or belief1 even if inaccurate1 concerning the race1 color1 religion1 sex 7including sexual orientation and gender identity71 or national origin1 respectively1 of the individual2 and 7,c7 in the case of race1 traits historically associated with race1 including natural hair texture and protective hairstyles4 7#b7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 regardless of the individual's designated sex at birth4 7#c7 ,including ,the term including means including1 but not limited to1 consistent with the term's standard meaning in ,federal law4 7#d7 ,natural hairstyles ,the term natural hair includes-- 7,a7 protective and natural hairstyles1 which includes braids1 locs1 weaves1 twists1 afros2 and 7,b7 natural hair texture1 which includes wavy1 kinky1 curl1 and coily1 and also the variation of texture in between4 7#e7 ,sex ,the term sex includes-- 7,a7 a sex stereotype2 7,b7 pregnancy1 childbirth1 or a related medical condition2 7,c7 sexual orientation or gender identity2 and 7,d7 sex characteristics1 including intersex traits4 7#f7 ,sexual orientation ,the term sexual orientation means an individual's actual or perceived romantic1 physical1 or sexual attraction to other persons1 or lack thereof1 that includes heterosexuality1 homosexuality1 and bisexuality4 7b7 ,rules ,in providing a remedy under this ,act3 7#a7 ,in the case of any conduct alleged to be discriminatory on the basis of sex1 the remedy under this ,act for such conduct1 to the extent it pertains to pregnancy1 childbirth1 or a related medical condition may not result in a less substantial remedy than any other remedy for discrimination on the basis of sex4 7#b7 ,in the case of any conduct alleged to be discriminatory on the basis of sex 7with respect to gender identity71 an individual shall not be denied access to a shared facility1 including a restroom1 a locker room1 and a dressing room1 that is in accordance with the individual's gender identity4 #bji4 ,rules of construction 7a7 ,claims and remedies not precluded ,nothing in this title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race1 color1 religion1 sex1 or national origin including claims brought pursuant to section #aigi or #aihj of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc1 #aihe7 or any other law1 including the ,federal law amended by the ,customer ,non-,discrimination ,act1 regulation1 or policy4 7b7 ,no negative inference ,nothing in this title shall be construed to support any inference that any ,federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy1 childbirth1 or a related medical condition1 sexual orientation1 gender identity1 or a sex stereotype4 7c7 ,scope of an establishment ,a reference in this title to an establishment-- 7#a7 shall be construed to include an individual whose operations affect commerce and who is a provider of a good1 service1 or program2 and 7#b7 shall not be construed to be limited to a physical facility or place4 #baj4 ,claims ,the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq47 shall not provide a claim concerning1 or a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title4 4 #g4 ,strict vicarious employer liability and ,faragher-,ellerth affirmative defense removed ,section #gjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e et seq47 is amended by adding at the end the following3 7l7 ,an employer shall be liable for any act of discrimination prohibited under this title 7including harassment1 intimidation1 or retaliation7 committed by any of its employees4 7m7 ,it shall not be a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title-- 7#a7 that an employer exercised reasonable care in attempting to prevent or took corrective action regarding any act of discrimination on the basis of sex 7including intimidation1 harassment1 or retaliation72 7#b7 that adverse employment action was not taken by such an employer2 or 7#c7 that an employee affected by that act did not take advantage of preventive opportunities to avoid harm4 4 #h4 ,arbitration of employment1 consumer1 and civil rights disputes 7a7 ,purposes ,the purposes of this section are to-- 7#a7 prohibit predispute arbitration agreements that force arbitration of future employment1 consumer1 or civil rights disputes2 and 7#b7 prohibit agreements and practices that interfere with the right of individuals1 workers1 and small businesses to participate in a joint1 class1 or collective action related to an employment1 consumer1 or civil rights dispute4 7b7 ,in general ,title #i of the ,united ,states ,code is amended by adding at the end the following3 #d ,,arbitration ,,of ,,employment1 ,,consumer1 ,,and ,,civil ,,rights ,,disputes #dja4 ,definitions ,in this chapter-- 7#a7 the term civil rights dispute means a dispute-- 7,a7 arising from an alleged violation of-- 7i7 the ,constitution of the ,united ,states or the constitution of a ,state2 and 7ii7 any ,federal1 ,state1 or local law that prohibits discrimination on the basis of race1 sex1 age1 gender identity1 sexual orientation1 disability1 religion1 national origin1 or any legally protected status in education1 employment1 credit1 housing1 public accommodations and facilities1 voting1 veterans or servicemembers1 health care1 or a program funded or conducted by the ,federal ,government or ,state government1 including any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis2 and 7,b7 in which at least one party alleging a violation described in subparagraph 7,a7 is one or more individuals 7or their authorized representative71 including one or more individuals seeking certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law2 7#b7 the term consumer dispute means a dispute between-- 7,a7 one or more individuals who seek or acquire real or personal property1 services 7including services related to digital technology71 securities or other investments1 money1 or credit for personal1 family1 or household purposes including an individual or individuals who seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law2 and 7,b7 7i7 the seller or provider of such property1 services1 securities or other investments1 money1 or credit2 or 7ii7 a third party involved in the selling1 providing of1 payment for1 receipt or use of information about1 or other relationship to any such property1 services1 securities or other investments1 money1 or credit2 7#c7 the term employment dispute means a dispute between one or more individuals 7or their authorized representative7 and a person arising out of or related to the work relationship or prospective work relationship between them1 including a dispute regarding the terms of or payment for1 advertising of1 recruiting for1 referring of1 arranging for1 or discipline or discharge in connection with1 such work1 regardless of whether the individual is or would be classified as an employee or an independent contractor with respect to such work1 and including a dispute arising under any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis1 and including a dispute in which an individual or individuals seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or as a collective action under section #af7;b7 of the ,fair ,labor ,standards ,act1 or a comparable rule or provision of ,state law2 7#d7 the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement2 and 7#e7 the term predispute joint-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 #djb4 ,no validity or enforceability 7a7 ,in general ,notwithstanding any other provision of this title1 no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to an employment dispute1 consumer dispute1 or civil rights dispute4 7b7 ,applicability 7#a7 ,in general ,an issue as to whether this chapter applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 7#b7 ,collective bargaining agreements ,nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations1 except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the ,constitution of the ,united ,states1 a ,state constitution1 or a ,federal or ,state statute1 or public policy arising therefrom4 4 7c7 ,technical and conforming amendments 7#a7 ,in general ,title #i of the ,united ,states ,code is amended-- 7,a7 in section #a by striking of seamen1 and all that follows through interstate commerce1 and inserting in its place of individuals1 regardless of whether such individuals are designated as employees or independent contractors for other purposes1 7,b7 in section #b by inserting or as otherwise provided in chapter #d before the period at the end1 7,c7 in section #bjh-- 7i7 in the section heading by striking ,chapter #a2 residual application and inserting ,application1 and 7ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d41 and 7,d7 in section #cjg-- 7i7 in the section heading by striking ,chapter #a2 residual application and inserting ,application1 and 7ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d44 7#b7 ,table of sections 7,a7 ,chapter #b ,the table of sections of chapter #b of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #bjh and inserting the following3 #bjh4 ,application4 4 7,b7 ,chapter #c ,the table of sections of chapter #c of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #cjg and inserting the following3 #cjg4 ,application4 4 7#c7 ,table of chapters ,the table of chapters of title #i1 ,united ,states ,code1 is amended by adding at the end the following3 #d4 ,arbitration of employment1 consumer1 antitrust1 and civil rights disputes4 4 #i4 ,liability of certain government officials ,in any action under ,revised ,statute #aigi1 the following shall apply3 7#a7 ,definition of ,state ,the term ,state includes any person or entity that undertakes action under color of any statute1 ordinance1 regulation1 custom1 or usage1 of any ,state or ,territory or the ,district of ,columbia4 7#b7 ,action under color of law ,a private person or entity undertakes action under color of any statute1 ordinance1 regulation1 custom1 or usage1 of any ,state or ,territory or the ,district of ,columbia1 when-- 7,a7 undertaking a public function delegated by a ,state or local government2 7,b7 voluntarily undertaking a public function2 7,c7 acting in concert with a ,state or local government or acting in concert with an individual officer1 agent1 or entity of a ,state or local government2 7,d7 engaging in joint action towards a common goal or plan with a ,state or local government or engaging in joint action towards a common goal or plan with an individual officer1 agent1 or entity of a ,state or local government2 7,e7 engaged in a conspiracy with a ,state or local government or engaged in a conspiracy with an individual officer1 agent1 or entity of a ,state or local government2 7,f7 a close nexus exists between the private person or entity and a ,state or local government or a close nexus exists between an individual officer1 agent1 or entity of a ,state or local government2 7,g7 the activities of the private person or entity is so entwined with a ,state or local government or an individual officer1 agent1 or entity of a ,state or local government such that the private person or entity is fairly considered to be acting under color of law2 or 7,h7 otherwise exercises powers traditionally reserved to ,state or local government4 7#c7 ,presumption ,a private person or entity is presumed to be acting under color of law when1 pursuant to a contract or other legally binding agreement with a ,state or local government1 the private person or entity exercises any power of that ,state or local government or the private person or entity otherwise undertakes the administration1 operations1 or other activities of3 the judiciary1 law enforcement1 public education1 jails or prisons1 elections1 municipal water services1 municipal waste removal1 evictions1 public parks1 or public benefits programs4 7#d7 ,no defense of qualified immunity ,qualified immunity is not a defense in an action brought against any person who under color of any statute1 ordinance1 regulation1 custom1 or usage1 of any ,state or ,territory or the ,district of ,columbia1 subjects1 or causes to be subjected1 any citizen of the ,united ,states or other person within the jurisdiction thereof to the deprivation of any rights1 privileges1 or immunities secured by the ,constitution and laws4 7#e7 ,respondeat superior ,in the case of any official of any political subdivision of a ,state1 if that official1 acting under color of law1 violates any provision of this ,act1 that official shall be amenable to any suit under this ,act1 and the political subdivision may be held liable for the acts of that official1 whether acting in his or her official or individual capacity4 #aj4 ,explicit inclusion of rulemakings ,section #ajjc7;a77#a7 of the ,rehabilitation ,act ,amendments of #aihf 7#db ,u4,s4,c4 #bjjj;d-#g7;a77#a77 is amended by inserting before the period at the end the following3 7including the provisions of any rule made to implement any of the foregoing statutes74 #aa4 ,construction 7a7 ,relief ,nothing in this ,act1 including any amendment made by this ,act1 shall be construed to limit the scope of1 or the relief available under1 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 or any other provision of law4 7b7 ,defendants ,nothing in this ,act1 including any amendment made by this ,act1 shall be construed to limit the scope of the class of persons who may be subjected to civil actions under the covered civil rights provisions4 7c7 ,severability ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of the remaining provisions of this ,act to any person or circumstance shall not be affected thereby4 7d7 ,arbitration ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to prohibit the use of arbitration on a voluntary basis after a dispute arises4 #ab4 ,effective date 7a7 ,in ,general ,this ,act1 and the amendments made by this ,act1 take effect on the date of enactment of this ,act4 7b7 ,application ,this ,act1 and the amendments made by this ,act1 apply to all actions or proceedings pending on or after the date of enactment of this ,act1 and1 in the case of section #h and the amendments made thereby1 shall apply with respect to any dispute or claim that arises or accrues on or after such date4