Right of recovery

(a) Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by inserting after section 602 the following: 602A. Actions brought by persons aggrieved (a) 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 (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (b) 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 (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (c) Settlement In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney’s fees of the plaintiff shall be included.. (b) Education Amendments of 1972 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) is amended by inserting after section 902 the following: 902A. Actions brought by persons aggrieved (a) 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 (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (b) 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 (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (c) Settlement In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney’s fees of the plaintiff shall be included.. (c) Age Discrimination Act of 1975 (1) In general Section 305 of the Age Discrimination Act of 1975 (42 U.S.C. 6104) is amended by adding at the end the following: (g) (1) In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (2) 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 (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (3) In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney’s fees of the plaintiff shall be included.. (2) Conformity of ada with title vi and title ix (A) Eliminating waiver of right to fees if not requested in complaint Section 305(e)(1) of the Age Discrimination Act of 1975 (42 U.S.C. 6104(e)) is amended— (i) by striking to enjoin a violation and inserting to redress a violation; and (ii) by striking the second sentence and inserting the following: The Court shall award the costs of suit, including a reasonable attorney’s fee (including expert fees), to the prevailing plaintiff.. (B) Eliminating unnecessary mandates: to exhaust administrative remedies; and to delay suit longer than 180 days to obtain agency review Section 305(f) of the Age Discrimination Act of 1975 (42 U.S.C. 6104(f)) is amended by striking With respect to actions brought for relief based on an alleged violation of the provisions of this title, 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 jurisdiction, pursuant to section 305(e), or before the relevant Federal department or agency. With respect to such actions brought initially before the relevant Federal department or agency,. (C) Eliminating duplicative reasonableness requirement; clarifying that reasonable factors other than age is defense to a disparate impact claim, not an exception to ada coverage Section 304(b)(1) of the Age Discrimination Act of 1975 (42 U.S.C. 6103(b)(1)) 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 activity.. (d) Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by adding at the end the following: (e) (1) In an action brought by a person aggrieved by discrimination on the basis of disability (referred to in this section as an person aggrieved) under this section against an entity subject to this section (referred to in this section as a covered entity) who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (2) 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 (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (3) Equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs shall be available in all cases brought for the failure to provide reasonable accommodations or reasonable modifications, or the failure to comply with requirements of effective communication, accessible design, maintenance of accessible features, or program accessibility. (4) In any settlement agreement or consent decree to resolve an action brought or which may be brought under this section, attorney’s fees of the plaintiff shall be included.. (e) Fair Housing Act The Fair Housing Act (title VIII of the Civil Rights Act of 1968; 42 U.S.C. 3601 et seq.), as amended by this Act, is further amended by adding at the end the following: 823. Disparate impact (a) In general (1) Establishment Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if— (A) a person aggrieved by discrimination on the basis of race, color, sex, or national origin demonstrates that an entity subject to this title (referred to in this title as a covered entity) has a policy or practice that causes a disparate impact on the basis of race, color, sex, 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 manner; or (B) the person aggrieved demonstrates that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. (2) Demonstration (A) Causation With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subsection (a)(1), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, 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 analysis, the decisionmaking process may be analyzed as 1 policy or practice. (B) No requirement To demonstrate If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. (b) 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 title. (c) Definition In this section, the term demonstrates means meets the burdens of production and persuasion. 824. Relief for claims based on differing standards of proof (a) 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 (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (b) 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 (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. (c) Relief available Equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs shall be available in all cases brought for the failure to permit reasonable accommodations, make reasonable modifications, or design and construct accessible dwellings as required by section 804(f)(3)(C). (d) Settlement In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney’s fees of the plaintiff shall be included..