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CFR › Title 28 › Chapter I › Part 42 › Subpart I › Section 42.736

28 CFR 42.736 - Private lawsuits.

§ 42.736
Private lawsuits.
(a) Upon exhausting administrative remedies under the Act, a complainant may file a civil action to enjoin a violation of the Act. Administrative remedies are exhausted if—
(1) 180 days have elapsed since the complainant filed the complaint and the Department has made no finding with regard to the complaint; or
(2) The Department issues a finding, pursuant to § 42.731(g)(3), in favor of the recipient.
(b) Whenever administrative remedies are exhausted in accord with paragraph (a) of this section, the Department shall promptly inform the complainant that
(1) The complainant may bring a civil action in a United States district court for the district in which the recipient is located or transacts business;
(2) A complainant who prevails in such an action has the right to be awarded reasonable attorney's fees, if the complainant demands such an award in the complaint initiating the lawsuit;
(3) Before commencing the action, the complainant must give 30 days' notice by registered mail to the Secretary, the Attorney General, and the recipient;
(4) The notice must state the nature of the alleged violation, the relief requested, the court in which the action will be brought, and whether attorney's fees will be demanded; and
(5) The complainant may not bring an action if the same alleged violation by the recipient is the subject of a pending action in any court of the United States.

Title 28 published on 2012-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S.C. : Title 29 - LABOR

§ 706 - Allotment percentage

§ 794 - Nondiscrimination under Federal grants and programs

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

42 USC § 2000d–1 - Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules...compliance with requirements; reports to Congressional committees; effective d

42 USC § 2000d–2 - Judicial review; administrative procedure provisions

42 USC § 2000d–3 - Construction of provisions not to authorize administrative action with respect to employment practices except where primary objective of Federal financial assistance is to provide employment

42 USC § 2000d–4 - Federal authority and financial assistance to programs or activities by way of contract of insurance or guaranty

42 USC § 2000d–4a - “Program or activity” and “program” defined

42 USC § 2000d–5 - Prohibited deferral of action on applications by local educational agencies seeking Federal funds for alleged noncompliance with Civil Rights Act

42 USC § 2000d–6 - Policy of United States as to application of nondiscrimination provisions in schools of local educational agencies

42 USC § 2000d–7 - Civil rights remedies equalization

§ 3701 - Repealed.

§ 3702 - State and local governments to consider courts

§ 5672 - Administrative authority

§ 6103 - Regulations

Statutes at Large

82 Stat. 197

Presidential Documents

Executive Order ... 11246

Executive Order ... 11478

Executive Order ... 12067

Executive Order ... 12250