42 U.S.C. § 2000a — Prohibition against discrimination or

Page 5248 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1997f § 1997f. Report to Congress The Attorney General shall include in the re- port to Congress on the business of the Depart- ment of Justice prepared pursuant to section 522 of title 28— (1) a statement of the number, variety, and outcome of all actions instituted pursuant to this subchapter including the history of, pre- cise reasons for, and procedures followed in initiation or intervention in each case in which action was commenced; (2) a detailed explanation of the procedures by which the Department has received, re- viewed and evaluated petitions or complaints regarding conditions in institutions; (3) an analysis of the impact of actions insti- tuted pursuant to this subchapter, including, when feasible, an estimate of the costs in- curred by States and other political subdivi- sions; (4) a statement of the financial, technical, or other assistance which has been made avail- able from the United States to the State in order to assist in the correction of the condi- tions which are alleged to have deprived a per- son of rights, privileges, or immunities se- cured or protected by the Constitution or laws of the United States; and (5) the progress made in each Federal insti- tution toward meeting existing promulgated standards for such institutions or constitu- tionally guaranteed minima. (Pub. L. 96–247, § 8, May 23, 1980, 94 Stat. 353; Pub. L. 97–256, title II, § 201(b), Sept. 8, 1982, 96 Stat. 817; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(e)], Apr. 26, 1996, 110 Stat. 1321, 1321–73; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–134 substituted ‘‘the report’’ for ‘‘his report’’ in introductory provisions. 1982—Pub. L. 97–256 substituted ‘‘Attorney General’’ for ‘‘Attorney’’. § 1997g. Priorities for use of funds It is the intent of Congress that deplorable conditions in institutions covered by this sub- chapter amounting to deprivations of rights pro- tected by the Constitution or laws of the United States be corrected, not only by litigation as contemplated in this subchapter, but also by the voluntary good faith efforts of agencies of Fed- eral, State, and local governments. It is the fur- ther intention of Congress that where Federal funds are available for use in improving such in- stitutions, priority should be given to the cor- rection or elimination of such unconstitutional or illegal conditions which may exist. It is not the intent of this provision to require the redi- rection of funds from one program to another or from one State to another. (Pub. L. 96–247, § 9, May 23, 1980, 94 Stat. 354.) § 1997h. Notice to Federal departments At the time of notification of the commence- ment of an investigation of an institution under section 1997a of this title or of the notification of an intention to file a motion to intervene under section 1997c of this title, and if the rel- evant institution receives Federal financial as- sistance from the Department of Health and Human Services or the Department of Edu- cation, the Attorney General shall notify the ap- propriate Secretary of the action and the rea- sons for such action and shall consult with such officials. Following such consultation, the At- torney General may proceed with an action under this subchapter if the Attorney General is satisfied that such action is consistent with the policies and goals of the executive branch. (Pub. L. 96–247, § 10, May 23, 1980, 94 Stat. 354; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 803(f)], Apr. 26, 1996, 110 Stat. 1321, 1321–73; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–134 substituted ‘‘the action’’ for ‘‘his action’’ and ‘‘the Attorney General is satisfied’’ for ‘‘he is satisfied’’. § 1997i. Disclaimer respecting standards of care Provisions of this subchapter shall not author- ize promulgation of regulations defining stand- ards of care. (Pub. L. 96–247, § 11, May 23, 1980, 94 Stat. 354.) § 1997j. Disclaimer respecting private litigation The provisions of this subchapter shall in no way expand or restrict the authority of parties other than the United States to enforce the legal rights which they may have pursuant to existing law with regard to institutionalized persons. In this regard, the fact that the Attor- ney General may be conducting an investigation or contemplating litigation pursuant to this subchapter shall not be grounds for delay of or prejudice to any litigation on behalf of parties other than the United States. (Pub. L. 96–247, § 12, May 23, 1980, 94 Stat. 354.) SUBCHAPTER II—PUBLIC ACCOMMODATIONS § 2000a. Prohibition against discrimination or segregation in places of public accommoda- tion (a) Equal access All persons shall be entitled to the full and equal enjoyment of the goods, services, facili- ties, privileges, advantages, and accommoda- tions of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, reli- gion, or national origin. (b) Establishments affecting interstate commerce or supported in their activities by State ac- tion as places of public accommodation; lodg- ings; facilities principally engaged in selling food for consumption on the premises; gaso- line stations; places of exhibition or enter- tainment; other covered establishments Each of the following establishments which serves the public is a place of public accommo- Page 5249 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000a–2 dation within the meaning of this subchapter if its operations affect commerce, or if discrimina- tion or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establish- ment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such es- tablishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for con- sumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, con- cert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is phys- ically located within the premises of any es- tablishment otherwise covered by this sub- section, or (ii) within the premises of which is physically located any such covered establish- ment, and (B) which holds itself out as serving patrons of such covered establishment. (c) Operations affecting commerce; criteria; ‘‘commerce’’ defined The operations of an establishment affect commerce within the meaning of this sub- chapter if (1) it is one of the establishments de- scribed in paragraph (1) of subsection (b); (2) in the case of an establishment described in para- graph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial por- tion of the food which it serves, or gasoline or other products which it sells, has moved in com- merce; (3) in the case of an establishment de- scribed in paragraph (3) of subsection (b), it cus- tomarily presents films, performances, athletic teams, exhibitions, or other sources of enter- tainment which move in commerce; and (4) in the case of an establishment described in para- graph (4) of subsection (b), it is physically lo- cated within the premises of, or there is phys- ically located within its premises, an establish- ment the operations of which affect commerce within the meaning of this subsection. For pur- poses of this section, ‘‘commerce’’ means travel, trade, traffic, commerce, transportation, or communication among the several States, or be- tween the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country. (d) Support by State action Discrimination or segregation by an establish- ment is supported by State action within the meaning of this subchapter if such discrimina- tion or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political sub- division thereof. (e) Private establishments The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the ex- tent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b). (Pub. L. 88–352, title II, § 201, July 2, 1964, 78 Stat. 243.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–2, § 1, Jan. 29, 2009, 123 Stat. 5, provided that: ‘‘This Act [amending sections 2000e–5 and 2000e–16 of this title and sections 626, 633a, and 794a of Title 29, Labor, and enacting provisions set out as notes under section 2000e–5 of this title] may be cited as the ‘Lilly Ledbetter Fair Pay Act of 2009’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–411, § 1, Oct. 14, 1992, 106 Stat. 2102, pro- vided that: ‘‘This Act [amending section 2000e–4 of this title] may be cited as the ‘EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992’.’’ SHORT TITLE OF 1972 AMENDMENT Pub. L. 92–261, § 1, Mar. 24, 1972, 86 Stat. 103, provided: ‘‘That this Act [enacting sections 2000e–16 and 2000e–17 of this title, amending sections 5108 and 5314 to 5316 of Title 5, Government Organization and Employees, and sections 2000e to 2000e–6, 2000e–8, 2000e–9, 2000e–13, and 2000e–14 of this title, and enacting provisions set out as a note under section 2000e–5 of this title] may be cited as the ‘Equal Employment Opportunity Act of 1972’.’’ SHORT TITLE Pub. L. 88–352, § 1, July 2, 1964, 78 Stat. 241, provided: ‘‘That this Act [enacting subchapters II to IX of this chapter, amending sections 2204 and 2205 of former Title 5, Executive Departments and Government Officers and Employees, section 1447(d) of Title 28, Judiciary and Ju- dicial Procedure, and sections 1971 and 1975a to 1975d of this title, and enacting provisions set out as a note under section 2000e of this title] may be cited as the ‘Civil Rights Act of 1964’.’’ § 2000a–1. Prohibition against discrimination or segregation required by any law, statute, or- dinance, regulation, rule or order of a State or State agency All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such dis- crimination or segregation is or purports to be required by any law, statute, ordinance, regula- tion, rule, or order of a State or any agency or political subdivision thereof. (Pub. L. 88–352, title II, § 202, July 2, 1964, 78 Stat. 244.) § 2000a–2. Prohibition against deprivation of, in- terference with, and punishment for exer- cising rights and privileges secured by sec- tion 2000a or 2000a–1 of this title No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to de- prive any person of any right or privilege se- cured by section 2000a or 2000a–1 of this title, or (b) intimidate, threaten, or coerce, or attempt