208
Stevens, J., dissenting
employment, has a similar history.11 The provision was intended to "aid in attaining" the goals of § 501 "by providing for individuals aggrieved on the basis of their handicap the same rights, procedures, and remedies provided [to] individuals aggrieved on the basis of race, creed, color, or national origin." S. Rep. No. 95-890, at 18-19. Like § 504, § 501 is not accompanied by any provisions concerning implementation. Section 505(a)(1) directs the executive to look to Title VII for appropriate "remedies, procedures, and rights." 29 U. S. C. § 794a(a)(1) (emphasis added).
Unlike § 501 and the clause of § 504 relating to recipients
of federal financial assistance, the prohibition on handicap discrimination in programs or activities conducted by federal Executive agencies had no simple statutory analogue. The Court opines that if "Congress [had] wished to make Title VI remedies available broadly for all § 504(a) violations, it could easily have used language in § 505(a)(2) that is as sweeping as the 'any complaint' language contained in § 505(a)(1)." Ante, at 193. I agree. Congress did not so intend, however, because, in the words of the United States, "[i]t would have been odd for Congress to have provided that Title VI remedies applied in Section 504 cases involving discrimination by executive agencies because Title VI [unlike § 504] does not prohibit discrimination in programs or activi-11 Section 505(a)(1) provides: "The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U. S. C. § 2000e-16), including the application of sections 706(f) through 706(k) (42 U. S. C. § 2000e-5(f) through (k)), shall be available, with respect to any complaint under section 501 of this Act, to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternatives therefor or other appropriate relief in order to achieve an equitable and appropriate remedy." 29 U. S. C. § 794a(a)(1).
Page: Index Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: October 4, 2007