42 USC 12188 - Enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 12188.

Enforcement

(a)

In general

(1)

Availability of remedies and procedures

(2)

Injunctive relief

(b)

Enforcement by Attorney General

(1)

Denial of rights

(A)

Duty to investigate

(i)

In general

(ii)

Attorney General certification

(B)

Potential violation

If the Attorney General has reasonable cause to believe that—

(i)

any person or group of persons is engaged in a pattern or practice of discrimination under this subchapter; or

(ii)

any person or group of persons has been discriminated against under this subchapter and such discrimination raises an issue of general public importance,

the Attorney General may commence a civil action in any appropriate United States district court.

(2)

Authority of court

In a civil action under paragraph (1)(B), the court—

(A)

may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter—

(i)

granting temporary, preliminary, or permanent relief;

(ii)

providing an auxiliary aid or service, modification of policy, practice, or procedure, or alternative method; and

(iii)

making facilities readily accessible to and usable by individuals with disabilities;

(B)

may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and

(C)

may, to vindicate the public interest, assess a civil penalty against the entity in an amount—

(i)

not exceeding $50,000 for a first violation; and

(ii)

not exceeding $100,000 for any subsequent violation.

(3)

Single violation

(4)

Punitive damages

(5)

Judicial consideration

(Pub. L. 101–336, title III, § 308, July 26, 1990, 104 Stat. 363.)

cite as: 42 USC 12188