42 USC CHAPTER 21 - CIVIL RIGHTS
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
Sec.
2000e. Definitions.
2000e-1. Applicability to foreign and religious employment.
2000e-2. Unlawful employment practices.
2000e-3. Other unlawful employment practices.
2000e-4. Equal Employment Opportunity Commission.
2000e-5. Enforcement provisions.
2000e-6. Civil actions by the Attorney General.
2000e-7. Effect on State laws.
2000e-8. Investigations.
2000e-9. Conduct of hearings and investigations pursuant to
section 161 of title 29.
2000e-10. Posting of notices; penalties.
2000e-11. Veterans' special rights or preference.
2000e-12. Regulations; conformity of regulations with
administrative procedure provisions; reliance on
interpretations and instructions of Commission.
2000e-13. Application to personnel of Commission of sections
111 and 1114 of title 18; punishment for
violation of section 1114 of title 18.
2000e-14. Equal Employment Opportunity Coordinating Council;
establishment; composition; duties; report to
President and Congress.
2000e-15. Presidential conferences; acquaintance of
leadership with provisions for employment rights
and obligations; plans for fair administration;
membership.
2000e-16. Employment by Federal Government.
2000e-16a. Short title; purpose; definition.
2000e-16b. Discriminatory practices prohibited.
2000e-16c. Coverage of previously exempt State employees.
2000e-17. Procedure for denial, withholding, termination, or
suspension of Government contract subsequent to
acceptance by Government of affirmative action
plan of employer; time of acceptance of plan.
Sec. 2000e. Definitions
For the purposes of this subchapter -
(a) The term ""person"" includes one or more individuals,
governments, governmental agencies, political subdivisions, labor
unions, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in cases under
title 11, or receivers.
(b) The term ""employer"" means a person engaged in an industry
affecting commerce who has fifteen or more employees for each
working day in each of twenty or more calendar weeks in the
current or preceding calendar year, and any agent of such a
person, but such term does not include (1) the United States, a
corporation wholly owned by the Government of the United States,
an Indian tribe, or any department or agency of the District of
Columbia subject by statute to procedures of the competitive
service (as defined in section 2102 of title 5), or (2) a bona
fide private membership club (other than a labor organization)
which is exempt from taxation under section 501(c) of title 26,
except that during the first year after March 24, 1972, persons
having fewer than twenty-five employees (and their agents) shall
not be considered employers.
(c) The term ""employment agency"" means any person regularly
undertaking with or without compensation to procure employees for
an employer or to procure for employees opportunities to work for
an employer and includes an agent of such a person.
(d) The term ""labor organization"" means a labor organization
engaged in an industry affecting commerce, and any agent of such
an organization, and includes any organization of any kind, any
agency, or employee representation committee, group, association,
or plan so engaged in which employees participate and which
exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of
pay, hours, or other terms or conditions of employment, and any
conference, general committee, joint or system board, or joint
council so engaged which is subordinate to a national or
international labor organization.
(e) A labor organization shall be deemed to be engaged in an
industry affecting commerce if (1) it maintains or operates a
hiring hall or hiring office which procures employees for an
employer or procures for employees opportunities to work for an
employer, or (2) the number of its members (or, where it is a
labor organization composed of other labor organizations or their
representatives, if the aggregate number of the members of such
other labor organization) is (A) twenty-five or more during the
first year after March 24, 1972, or (B) fifteen or more
thereafter, and such labor organization -
(1) is the certified representative of employees under the
provisions of the National Labor Relations Act, as amended [29
U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45
U.S.C. 151 et seq.];
(2) although not certified, is a national or international
labor organization or a local labor organization recognized or
acting as the representative of employees of an employer or
employers engaged in an industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary
body which is representing or actively seeking to represent
employees of employers within the meaning of paragraph (1) or
(2); or
(4) has been chartered by a labor organization representing
or actively seeking to represent employees within the meaning
of paragraph (1) or (2) as the local or subordinate body
through which such employees may enjoy membership or become
affiliated with such labor organization; or
(5) is a conference, general committee, joint or system
board, or joint council subordinate to a national or
international labor organization, which includes a labor
organization engaged in an industry affecting commerce within
the meaning of any of the preceding paragraphs of this
subsection.
(f) The term ""employee"" means an individual employed by an
employer, except that the term ""employee"" shall not include any
person elected to public office in any State or political
subdivision of any State by the qualified voters thereof, or any
person chosen by such officer to be on such officer's personal
staff, or an appointee on the policy making level or an immediate
adviser with respect to the exercise of the constitutional or
legal powers of the office. The exemption set forth in the
preceding sentence shall not include employees subject to the
civil service laws of a State government, governmental agency or
political subdivision. With respect to employment in a foreign
country, such term includes an individual who is a citizen of the
United States.
(g) The term ""commerce"" means trade, traffic, commerce,
transportation, transmission, or communication among the several
States; or between a State and any place outside thereof; or
within the District of Columbia, or a possession of the United
States; or between points in the same State but through a point
outside thereof.
(h) The term ""industry affecting commerce"" means any activity,
business, or industry in commerce or in which a labor dispute
would hinder or obstruct commerce or the free flow of commerce
and includes any activity or industry ""affecting commerce"" within
the meaning of the Labor-Management Reporting and Disclosure Act
of 1959 [29 U.S.C. 401 et seq.], and further includes any
governmental industry, business, or activity.
(i) The term ""State"" includes a State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, American
Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental
Shelf lands defined in the Outer Continental Shelf Lands Act [43
U.S.C. 1331 et seq.].
(j) The term ""religion"" includes all aspects of religious
observance and practice, as well as belief, unless an employer
demonstrates that he is unable to reasonably accommodate to an
employee's or prospective employee's religious observance or
practice without undue hardship on the conduct of the employer's
business.
(k) The terms ""because of sex"" or ""on the basis of sex""
include, but are not limited to, because of or on the basis of
pregnancy, childbirth, or related medical conditions; and women
affected by pregnancy, childbirth, or related medical conditions
shall be treated the same for all employment-related purposes,
including receipt of benefits under fringe benefit programs, as
other persons not so affected but similar in their ability or
inability to work, and nothing in section 2000e-2(h) of this
title shall be interpreted to permit otherwise. This subsection
shall not require an employer to pay for health insurance
benefits for abortion, except where the life of the mother would
be endangered if the fetus were carried to term, or except where
medical complications have arisen from an abortion: Provided,
That nothing herein shall preclude an employer from providing
abortion benefits or otherwise affect bargaining agreements in
regard to abortion.
(l) The term ""complaining party"" means the Commission, the
Attorney General, or a person who may bring an action or
proceeding under this subchapter.
(m) The term ""demonstrates"" means meets the burdens of
production and persuasion.
(n) The term ""respondent"" means an employer, employment agency,
labor organization, joint labor-management committee controlling
apprenticeship or other training or retraining program, including
an on-the-job training program, or Federal entity subject to
section 2000e-16 of this title.
Sec. 2000e-1. Applicability to foreign and religious employment
(a) Inapplicability of subchapter to certain aliens and employees
of religious entities
This subchapter shall not apply to an employer with respect to
the employment of aliens outside any State, or to a religious
corporation, association, educational institution, or society with
respect to the employment of individuals of a particular religion
to perform work connected with the carrying on by such corporation,
association, educational institution, or society of its activities.
(b) Compliance with statute as violative of foreign law
It shall not be unlawful under section 2000e-2 or 2000e-3 of this
title for an employer (or a corporation controlled by an employer),
labor organization, employment agency, or joint labor-management
committee controlling apprenticeship or other training or
retraining (including on-the-job training programs) to take any
action otherwise prohibited by such section, with respect to an
employee in a workplace in a foreign country if compliance with
such section would cause such employer (or such corporation), such
organization, such agency, or such committee to violate the law of
the foreign country in which such workplace is located.
(c) Control of corporation incorporated in foreign country
(1) If an employer controls a corporation whose place of
incorporation is a foreign country, any practice prohibited by
section 2000e-2 or 2000e-3 of this title engaged in by such
corporation shall be presumed to be engaged in by such employer.
(2) Sections 2000e-2 and 2000e-3 of this title shall not apply
with respect to the foreign operations of an employer that is a
foreign person not controlled by an American employer.
(3) For purposes of this subsection, the determination of whether
an employer controls a corporation shall be based on -
(A) the interrelation of operations;
(B) the common management;
(C) the centralized control of labor relations; and
(D) the common ownership or financial control,
of the employer and the corporation.
Sec. 2000e-2. Unlawful employment practices
(a) Employer practices
It shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual,
or otherwise to discriminate against any individual with respect
to his compensation, terms, conditions, or privileges of
employment, because of such individual's race, color, religion,
sex, or national origin; or
(2) to limit, segregate, or classify his employees or
applicants for employment in any way which would deprive or tend
to deprive any individual of employment opportunities or
otherwise adversely affect his status as an employee, because of
such individual's race, color, religion, sex, or national origin.
(b) Employment agency practices
It shall be an unlawful employment practice for an employment
agency to fail or refuse to refer for employment, or otherwise to
discriminate against, any individual because of his race, color,
religion, sex, or national origin, or to classify or refer for
employment any individual on the basis of his race, color,
religion, sex, or national origin.
(c) Labor organization practices
It shall be an unlawful employment practice for a labor
organization -
(1) to exclude or to expel from its membership, or otherwise to
discriminate against, any individual because of his race, color,
religion, sex, or national origin;
(2) to limit, segregate, or classify its membership or
applicants for membership, or to classify or fail or refuse to
refer for employment any individual, in any way which would
deprive or tend to deprive any individual of employment
opportunities, or would limit such employment opportunities or
otherwise adversely affect his status as an employee or as an
applicant for employment, because of such individual's race,
color, religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this section.
(d) Training programs
It shall be an unlawful employment practice for any employer,
labor organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including
on-the-job training programs to discriminate against any individual
because of his race, color, religion, sex, or national origin in
admission to, or employment in, any program established to provide
apprenticeship or other training.
(e) Businesses or enterprises with personnel qualified on basis of
religion, sex, or national origin; educational institutions with
personnel of particular religion
Notwithstanding any other provision of this subchapter, (1) it
shall not be an unlawful employment practice for an employer to
hire and employ employees, for an employment agency to classify, or
refer for employment any individual, for a labor organization to
classify its membership or to classify or refer for employment any
individual, or for an employer, labor organization, or joint
labor-management committee controlling apprenticeship or other
training or retraining programs to admit or employ any individual
in any such program, on the basis of his religion, sex, or national
origin in those certain instances where religion, sex, or national
origin is a bona fide occupational qualification reasonably
necessary to the normal operation of that particular business or
enterprise, and (2) it shall not be an unlawful employment practice
for a school, college, university, or other educational institution
or institution of learning to hire and employ employees of a
particular religion if such school, college, university, or other
educational institution or institution of learning is, in whole or
in substantial part, owned, supported, controlled, or managed by a
particular religion or by a particular religious corporation,
association, or society, or if the curriculum of such school,
college, university, or other educational institution or
institution of learning is directed toward the propagation of a
particular religion.
(f) Members of Communist Party or Communist-action or
Communist-front organizations
As used in this subchapter, the phrase ""unlawful employment
practice"" shall not be deemed to include any action or measure
taken by an employer, labor organization, joint labor-management
committee, or employment agency with respect to an individual who
is a member of the Communist Party of the United States or of any
other organization required to register as a Communist-action or
Communist-front organization by final order of the Subversive
Activities Control Board pursuant to the Subversive Activities
Control Act of 1950 [50 U.S.C. 781 et seq.].
(g) National security
Notwithstanding any other provision of this subchapter, it shall
not be an unlawful employment practice for an employer to fail or
refuse to hire and employ any individual for any position, for an
employer to discharge any individual from any position, or for an
employment agency to fail or refuse to refer any individual for
employment in any position, or for a labor organization to fail or
refuse to refer any individual for employment in any position, if -
(1) the occupancy of such position, or access to the premises
in or upon which any part of the duties of such position is
performed or is to be performed, is subject to any requirement
imposed in the interest of the national security of the United
States under any security program in effect pursuant to or
administered under any statute of the United States or any
Executive order of the President; and
(2) such individual has not fulfilled or has ceased to fulfill
that requirement.
(h) Seniority or merit system; quantity or quality of production;
ability tests; compensation based on sex and authorized by
minimum wage provisions
Notwithstanding any other provision of this subchapter, it shall
not be an unlawful employment practice for an employer to apply
different standards of compensation, or different terms,
conditions, or privileges of employment pursuant to a bona fide
seniority or merit system, or a system which measures earnings by
quantity or quality of production or to employees who work in
different locations, provided that such differences are not the
result of an intention to discriminate because of race, color,
religion, sex, or national origin, nor shall it be an unlawful
employment practice for an employer to give and to act upon the
results of any professionally developed ability test provided that
such test, its administration or action upon the results is not
designed, intended or used to discriminate because of race, color,
religion, sex or national origin. It shall not be an unlawful
employment practice under this subchapter for any employer to
differentiate upon the basis of sex in determining the amount of
the wages or compensation paid or to be paid to employees of such
employer if such differentiation is authorized by the provisions of
section 206(d) of title 29.
(i) Businesses or enterprises extending preferential treatment to
Indians
Nothing contained in this subchapter shall apply to any business
or enterprise on or near an Indian reservation with respect to any
publicly announced employment practice of such business or
enterprise under which a preferential treatment is given to any
individual because he is an Indian living on or near a reservation.
(j) Preferential treatment not to be granted on account of existing
number or percentage imbalance
Nothing contained in this subchapter shall be interpreted to
require any employer, employment agency, labor organization, or
joint labor-management committee subject to this subchapter to
grant preferential treatment to any individual or to any group
because of the race, color, religion, sex, or national origin of
such individual or group on account of an imbalance which may exist
with respect to the total number or percentage of persons of any
race, color, religion, sex, or national origin employed by any
employer, referred or classified for employment by any employment
agency or labor organization, admitted to membership or classified
by any labor organization, or admitted to, or employed in, any
apprenticeship or other training program, in comparison with the
total number or percentage of persons of such race, color,
religion, sex, or national origin in any community, State, section,
or other area, or in the available work force in any community,
State, section, or other area.
(k) Burden of proof in disparate impact cases
(1)(A) An unlawful employment practice based on disparate impact
is established under this subchapter only if -
(i) a complaining party demonstrates that a respondent uses a
particular employment practice that causes a disparate impact on
the basis of race, color, religion, sex, or national origin and
the respondent fails to demonstrate that the challenged practice
is job related for the position in question and consistent with
business necessity; or
(ii) the complaining party makes the demonstration described in
subparagraph (C) with respect to an alternative employment
practice and the respondent refuses to adopt such alternative
employment practice.
(B)(i) With respect to demonstrating that a particular employment
practice causes a disparate impact as described in subparagraph
(A)(i), the complaining party shall demonstrate that each
particular challenged employment practice causes a disparate
impact, except that if the complaining party can demonstrate to the
court that the elements of a respondent's decisionmaking process
are not capable of separation for analysis, the decisionmaking
process may be analyzed as one employment practice.
(ii) If the respondent demonstrates that a specific employment
practice does not cause the disparate impact, the respondent shall
not be required to demonstrate that such practice is required by
business necessity.
(C) The demonstration referred to by subparagraph (A)(ii) shall
be in accordance with the law as it existed on June 4, 1989, with
respect to the concept of ""alternative employment practice"".
(2) A demonstration that an employment practice is required by
business necessity may not be used as a defense against a claim of
intentional discrimination under this subchapter.
(3) Notwithstanding any other provision of this subchapter, a
rule barring the employment of an individual who currently and
knowingly uses or possesses a controlled substance, as defined in
schedules I and II of section 102(6) of the Controlled Substances
Act (21 U.S.C. 802(6)), other than the use or possession of a drug
taken under the supervision of a licensed health care professional,
or any other use or possession authorized by the Controlled
Substances Act [21 U.S.C. 801 et seq.] or any other provision of
Federal law, shall be considered an unlawful employment practice
under this subchapter only if such rule is adopted or applied with
an intent to discriminate because of race, color, religion, sex, or
national origin.
(l) Prohibition of discriminatory use of test scores
It shall be an unlawful employment practice for a respondent, in
connection with the selection or referral of applicants or
candidates for employment or promotion, to adjust the scores of,
use different cutoff scores for, or otherwise alter the results of,
employment related tests on the basis of race, color, religion,
sex, or national origin.
(m) Impermissible consideration of race, color, religion, sex, or
national origin in employment practices
Except as otherwise provided in this subchapter, an unlawful
employment practice is established when the complaining party
demonstrates that race, color, religion, sex, or national origin
was a motivating factor for any employment practice, even though
other factors also motivated the practice.
(n) Resolution of challenges to employment practices implementing
litigated or consent judgments or orders
(1)(A) Notwithstanding any other provision of law, and except as
provided in paragraph (2), an employment practice that implements
and is within the scope of a litigated or consent judgment or order
that resolves a claim of employment discrimination under the
Constitution or Federal civil rights laws may not be challenged
under the circumstances described in subparagraph (B).
(B) A practice described in subparagraph (A) may not be
challenged in a claim under the Constitution or Federal civil
rights laws -
(i) by a person who, prior to the entry of the judgment or
order described in subparagraph (A), had -
(I) actual notice of the proposed judgment or order
sufficient to apprise such person that such judgment or order
might adversely affect the interests and legal rights of such
person and that an opportunity was available to present
objections to such judgment or order by a future date certain;
and
(II) a reasonable opportunity to present objections to such
judgment or order; or
(ii) by a person whose interests were adequately represented by
another person who had previously challenged the judgment or
order on the same legal grounds and with a similar factual
situation, unless there has been an intervening change in law or
fact.
(2) Nothing in this subsection shall be construed to -
(A) alter the standards for intervention under rule 24 of the
Federal Rules of Civil Procedure or apply to the rights of
parties who have successfully intervened pursuant to such rule in
the proceeding in which the parties intervened;
(B) apply to the rights of parties to the action in which a
litigated or consent judgment or order was entered, or of members
of a class represented or sought to be represented in such
action, or of members of a group on whose behalf relief was
sought in such action by the Federal Government;
(C) prevent challenges to a litigated or consent judgment or
order on the ground that such judgment or order was obtained
through collusion or fraud, or is transparently invalid or was
entered by a court lacking subject matter jurisdiction; or
(D) authorize or permit the denial to any person of the due
process of law required by the Constitution.
(3) Any action not precluded under this subsection that
challenges an employment consent judgment or order described in
paragraph (1) shall be brought in the court, and if possible before
the judge, that entered such judgment or order. Nothing in this
subsection shall preclude a transfer of such action pursuant to
section 1404 of title 28.
Sec. 2000e-3. Other unlawful employment practices
(a) Discrimination for making charges, testifying, assisting, or
participating in enforcement proceedings
It shall be an unlawful employment practice for an employer to
discriminate against any of his employees or applicants for
employment, for an employment agency, or joint labor-management
committee controlling apprenticeship or other training or
retraining, including on-the-job training programs, to discriminate
against any individual, or for a labor organization to discriminate
against any member thereof or applicant for membership, because he
has opposed any practice made an unlawful employment practice by
this subchapter, or because he has made a charge, testified,
assisted, or participated in any manner in an investigation,
proceeding, or hearing under this subchapter.
(b) Printing or publication of notices or advertisements indicating
prohibited preference, limitation, specification, or
discrimination; occupational qualification exception
It shall be an unlawful employment practice for an employer,
labor organization, employment agency, or joint labor-management
committee controlling apprenticeship or other training or
retraining, including on-the-job training programs, to print or
publish or cause to be printed or published any notice or
advertisement relating to employment by such an employer or
membership in or any classification or referral for employment by
such a labor organization, or relating to any classification or
referral for employment by such an employment agency, or relating
to admission to, or employment in, any program established to
provide apprenticeship or other training by such a joint
labor-management committee, indicating any preference, limitation,
specification, or discrimination, based on race, color, religion,
sex, or national origin, except that such a notice or advertisement
may indicate a preference, limitation, specification, or
discrimination based on religion, sex, or national origin when
religion, sex, or national origin is a bona fide occupational
qualification for employment.
Sec. 2000e-4. Equal Employment Opportunity Commission
(a) Creation; composition; political representation; appointment;
term; vacancies; Chairman and Vice Chairman; duties of Chairman;
appointment of personnel; compensation of personnel
There is hereby created a Commission to be known as the Equal
Employment Opportunity Commission, which shall be composed of five
members, not more than three of whom shall be members of the same
political party. Members of the Commission shall be appointed by
the President by and with the advice and consent of the Senate for
a term of five years. Any individual chosen to fill a vacancy shall
be appointed only for the unexpired term of the member whom he
shall succeed, and all members of the Commission shall continue to
serve until their successors are appointed and qualified, except
that no such member of the Commission shall continue to serve (1)
for more than sixty days when the Congress is in session unless a
nomination to fill such vacancy shall have been submitted to the
Senate, or (2) after the adjournment sine die of the session of the
Senate in which such nomination was submitted. The President shall
designate one member to serve as Chairman of the Commission, and
one member to serve as Vice Chairman. The Chairman shall be
responsible on behalf of the Commission for the administrative
operations of the Commission, and, except as provided in subsection
(b) of this section, shall appoint, in accordance with the
provisions of title 5 governing appointments in the competitive
service, such officers, agents, attorneys, administrative law
judges, and employees as he deems necessary to assist it in the
performance of its functions and to fix their compensation in
accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, relating to classification and General
Schedule pay rates: Provided, That assignment, removal, and
compensation of administrative law judges shall be in accordance
with sections 3105, 3344, 5372, and 7521 of title 5.
(b) General Counsel; appointment; term; duties; representation by
attorneys and Attorney General
(1) There shall be a General Counsel of the Commission appointed
by the President, by and with the advice and consent of the Senate,
for a term of four years. The General Counsel shall have
responsibility for the conduct of litigation as provided in
sections 2000e-5 and 2000e-6 of this title. The General Counsel
shall have such other duties as the Commission may prescribe or as
may be provided by law and shall concur with the Chairman of the
Commission on the appointment and supervision of regional
attorneys. The General Counsel of the Commission on the effective
date of this Act shall continue in such position and perform the
functions specified in this subsection until a successor is
appointed and qualified.
(2) Attorneys appointed under this section may, at the direction
of the Commission, appear for and represent the Commission in any
case in court, provided that the Attorney General shall conduct all
litigation to which the Commission is a party in the Supreme Court
pursuant to this subchapter.
(c) Exercise of powers during vacancy; quorum
A vacancy in the Commission shall not impair the right of the
remaining members to exercise all the powers of the Commission and
three members thereof shall constitute a quorum.
(d) Seal; judicial notice
The Commission shall have an official seal which shall be
judicially noticed.
(e) Reports to Congress and the President
The Commission shall at the close of each fiscal year report to
the Congress and to the President concerning the action it has
taken and the moneys it has disbursed. It shall make such further
reports on the cause of and means of eliminating discrimination and
such recommendations for further legislation as may appear
desirable.
(f) Principal and other offices
The principal office of the Commission shall be in or near the
District of Columbia, but it may meet or exercise any or all its
powers at any other place. The Commission may establish such
regional or State offices as it deems necessary to accomplish the
purpose of this subchapter.
(g) Powers of Commission
The Commission shall have power -
(1) to cooperate with and, with their consent, utilize
regional, State, local, and other agencies, both public and
private, and individuals;
(2) to pay to witnesses whose depositions are taken or who are
summoned before the Commission or any of its agents the same
witness and mileage fees as are paid to witnesses in the courts
of the United States;
(3) to furnish to persons subject to this subchapter such
technical assistance as they may request to further their
compliance with this subchapter or an order issued thereunder;
(4) upon the request of (i) any employer, whose employees or
some of them, or (ii) any labor organization, whose members or
some of them, refuse or threaten to refuse to cooperate in
effectuating the provisions of this subchapter, to assist in such
effectuation by conciliation or such other remedial action as is
provided by this subchapter;
(5) to make such technical studies as are appropriate to
effectuate the purposes and policies of this subchapter and to
make the results of such studies available to the public;
(6) to intervene in a civil action brought under section
2000e-5 of this title by an aggrieved party against a respondent
other than a government, governmental agency or political
subdivision.
(h) Cooperation with other departments and agencies in performance
of educational or promotional activities; outreach activities
(1) The Commission shall, in any of its educational or
promotional activities, cooperate with other departments and
agencies in the performance of such educational and promotional
activities.
(2) In exercising its powers under this subchapter, the
Commission shall carry out educational and outreach activities
(including dissemination of information in languages other than
English) targeted to -
(A) individuals who historically have been victims of
employment discrimination and have not been equitably served by
the Commission; and
(B) individuals on whose behalf the Commission has authority to
enforce any other law prohibiting employment discrimination,
concerning rights and obligations under this subchapter or such
law, as the case may be.
(i) Personnel subject to political activity restrictions
All officers, agents, attorneys, and employees of the Commission
shall be subject to the provisions of section 7324 )1(! of title 5,
notwithstanding any exemption contained in such section.
(j) Technical Assistance Training Institute
(1) The Commission shall establish a Technical Assistance
Training Institute, through which the Commission shall provide
technical assistance and training regarding the laws and
regulations enforced by the Commission.
(2) An employer or other entity covered under this subchapter
shall not be excused from compliance with the requirements of this
subchapter because of any failure to receive technical assistance
under this subsection.
(3) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for fiscal year 1992.
(k) EEOC Education, Technical Assistance, and Training Revolving
Fund
(1) There is hereby established in the Treasury of the United
States a revolving fund to be known as the ""EEOC Education,
Technical Assistance, and Training Revolving Fund"" (hereinafter in
this subsection referred to as the ""Fund"") and to pay the cost
(including administrative and personnel expenses) of providing
education, technical assistance, and training relating to laws
administered by the Commission. Monies in the Fund shall be
available without fiscal year limitation to the Commission for such
purposes.
(2)(A) The Commission shall charge fees in accordance with the
provisions of this paragraph to offset the costs of education,
technical assistance, and training provided with monies in the
Fund. Such fees for any education, technical assistance, or
training -
(i) shall be imposed on a uniform basis on persons and entities
receiving such education, assistance, or training,
(ii) shall not exceed the cost of providing such education,
assistance, and training, and
(iii) with respect to each person or entity receiving such
education, assistance, or training, shall bear a reasonable
relationship to the cost of providing such education, assistance,
or training to such person or entity.
(B) Fees received under subparagraph (A) shall be deposited in
the Fund by the Commission.
(C) The Commission shall include in each report made under
subsection (e) of this section information with respect to the
operation of the Fund, including information, presented in the
aggregate, relating to -
(i) the number of persons and entities to which the Commission
provided education, technical assistance, or training with monies
in the Fund, in the fiscal year for which such report is
prepared,
(ii) the cost to the Commission to provide such education,
technical assistance, or training to such persons and entities,
and
(iii) the amount of any fees received by the Commission from
such persons and entities for such education, technical
assistance, or training.
(3) The Secretary of the Treasury shall invest the portion of the
Fund not required to satisfy current expenditures from the Fund, as
determined by the Commission, in obligations of the United States
or obligations guaranteed as to principal by the United States.
Investment proceeds shall be deposited in the Fund.
(4) There is hereby transferred to the Fund $1,000,000 from the
Salaries and Expenses appropriation of the Commission.
Sec. 2000e-5. Enforcement provisions
(a) Power of Commission to prevent unlawful employment practices
The Commission is empowered, as hereinafter provided, to prevent
any person from engaging in any unlawful employment practice as set
forth in section 2000e-2 or 2000e-3 of this title.
(b) Charges by persons aggrieved or member of Commission of
unlawful employment practices by employers, etc.; filing;
allegations; notice to respondent; contents of notice;
investigation by Commission; contents of charges; prohibition on
disclosure of charges; determination of reasonable cause;
conference, conciliation, and persuasion for elimination of
unlawful practices; prohibition on disclosure of informal
endeavors to end unlawful practices; use of evidence in
subsequent proceedings; penalties for disclosure of information;
time for determination of reasonable cause
Whenever a charge is filed by or on behalf of a person claiming
to be aggrieved, or by a member of the Commission, alleging that an
employer, employment agency, labor organization, or joint
labor-management committee controlling apprenticeship or other
training or retraining, including on-the-job training programs, has
engaged in an unlawful employment practice, the Commission shall
serve a notice of the charge (including the date, place and
circumstances of the alleged unlawful employment practice) on such
employer, employment agency, labor organization, or joint
labor-management committee (hereinafter referred to as the
""respondent"") within ten days, and shall make an investigation
thereof. Charges shall be in writing under oath or affirmation and
shall contain such information and be in such form as the
Commission requires. Charges shall not be made public by the
Commission. If the Commission determines after such investigation
that there is not reasonable cause to believe that the charge is
true, it shall dismiss the charge and promptly notify the person
claiming to be aggrieved and the respondent of its action. In
determining whether reasonable cause exists, the Commission shall
accord substantial weight to final findings and orders made by
State or local authorities in proceedings commenced under State or
local law pursuant to the requirements of subsections (c) and (d)
of this section. If the Commission determines after such
investigation that there is reasonable cause to believe that the
charge is true, the Commission shall endeavor to eliminate any such
alleged unlawful employment practice by informal methods of
conference, conciliation, and persuasion. Nothing said or done
during and as a part of such informal endeavors may be made public
by the Commission, its officers or employees, or used as evidence
in a subsequent proceeding without the written consent of the
persons concerned. Any person who makes public information in
violation of this subsection shall be fined not more than $1,000 or
imprisoned for not more than one year, or both. The Commission
shall make its determination on reasonable cause as promptly as
possible and, so far as practicable, not later than one hundred and
twenty days from the filing of the charge or, where applicable
under subsection (c) or (d) of this section, from the date upon
which the Commission is authorized to take action with respect to
the charge.
(c) State or local enforcement proceedings; notification of State
or local authority; time for filing charges with Commission;
commencement of proceedings
In the case of an alleged unlawful employment practice occurring
in a State, or political subdivision of a State, which has a State
or local law prohibiting the unlawful employment practice alleged
and establishing or authorizing a State or local authority to grant
or seek relief from such practice or to institute criminal
proceedings with respect thereto upon receiving notice thereof, no
charge may be filed under subsection (a) )1(! of this section by
the person aggrieved before the expiration of sixty days after
proceedings have been commenced under the State or local law,
unless such proceedings have been earlier terminated, provided that
such sixty-day period shall be extended to one hundred and twenty
days during the first year after the effective date of such State
or local law. If any requirement for the commencement of such
proceedings is imposed by a State or local authority other than a
requirement of the filing of a written and signed statement of the
facts upon which the proceeding is based, the proceeding shall be
deemed to have been commenced for the purposes of this subsection
at the time such statement is sent by registered mail to the
appropriate State or local authority.
(d) State or local enforcement proceedings; notification of State
or local authority; time for action on charges by Commission
In the case of any charge filed by a member of the Commission
alleging an unlawful employment practice occurring in a State or
political subdivision of a State which has a State or local law
prohibiting the practice alleged and establishing or authorizing a
State or local authority to grant or seek relief from such practice
or to institute criminal proceedings with respect thereto upon
receiving notice thereof, the Commission shall, before taking any
action with respect to such charge, notify the appropriate State or
local officials and, upon request, afford them a reasonable time,
but not less than sixty days (provided that such sixty-day period
shall be extended to one hundred and twenty days during the first
year after the effective day of such State or local law), unless a
shorter period is requested, to act under such State or local law
to remedy the practice alleged.
(e) Time for filing charges; time for service of notice of charge
on respondent; filing of charge by Commission with State or local
agency; seniority system
(1) A charge under this section shall be filed within one hundred
and eighty days after the alleged unlawful employment practice
occurred and notice of the charge (including the date, place and
circumstances of the alleged unlawful employment practice) shall be
served upon the person against whom such charge is made within ten
days thereafter, except that in a case of an unlawful employment
practice with respect to which the person aggrieved has initially
instituted proceedings with a State or local agency with authority
to grant or seek relief from such practice or to institute criminal
proceedings with respect thereto upon receiving notice thereof,
such charge shall be filed by or on behalf of the person aggrieved
within three hundred days after the alleged unlawful employment
practice occurred, or within thirty days after receiving notice
that the State or local agency has terminated the proceedings under
the State or local law, whichever is earlier, and a copy of such
charge shall be filed by the Commission with the State or local
agency.
(2) For purposes of this section, an unlawful employment practice
occurs, with respect to a seniority system that has been adopted
for an intentionally discriminatory purpose in violation of this
subchapter (whether or not that discriminatory purpose is apparent
on the face of the seniority provision), when the seniority system
is adopted, when an individual becomes subject to the seniority
system, or when a person aggrieved is injured by the application of
the seniority system or provision of the system.
(f) Civil action by Commission, Attorney General, or person
aggrieved; preconditions; procedure; appointment of attorney;
payment of fees, costs, or security; intervention; stay of
Federal proceedings; action for appropriate temporary or
preliminary relief pending final disposition of charge;
jurisdiction and venue of United States courts; designation of
judge to hear and determine case; assignment of case for hearing;
expedition of case; appointment of master
(1) If within thirty days after a charge is filed with the
Commission or within thirty days after expiration of any period of
reference under subsection (c) or (d) of this section, the
Commission has been unable to secure from the respondent a
conciliation agreement acceptable to the Commission, the Commission
may bring a civil action against any respondent not a government,
governmental agency, or political subdivision named in the charge.
In the case of a respondent which is a government, governmental
agency, or political subdivision, if the Commission has been unable
to secure from the respondent a conciliation agreement acceptable
to the Commission, the Commission shall take no further action and
shall refer the case to the Attorney General who may bring a civil
action against such respondent in the appropriate United States
district court. The person or persons aggrieved shall have the
right to intervene in a civil action brought by the Commission or
the Attorney General in a case involving a government, governmental
agency, or political subdivision. If a charge filed with the
Commission pursuant to subsection (b) of this section, is dismissed
by the Commission, or if within one hundred and eighty days from
the filing of such charge or the expiration of any period of
reference under subsection (c) or (d) of this section, whichever is
later, the Commission has not filed a civil action under this
section or the Attorney General has not filed a civil action in a
case involving a government, governmental agency, or political
subdivision, or the Commission has not entered into a conciliation
agreement to which the person aggrieved is a party, the Commission,
or the Attorney General in a case involving a government,
governmental agency, or political subdivision, shall so notify the
person aggrieved and within ninety days after the giving of such
notice a civil action may be brought against the respondent named
in the charge (A) by the person claiming to be aggrieved or (B) if
such charge was filed by a member of the Commission, by any person
whom the charge alleges was aggrieved by the alleged unlawful
employment practice. Upon application by the complainant and in
such circumstances as the court may deem just, the court may
appoint an attorney for such complainant and may authorize the
commencement of the action without the payment of fees, costs, or
security. Upon timely application, the court may, in its
discretion, permit the Commission, or the Attorney General in a
case involving a government, governmental agency, or political
subdivision, to intervene in such civil action upon certification
that the case is of general public importance. Upon request, the
court may, in its discretion, stay further proceedings for not more
than sixty days pending the termination of State or local
proceedings described in subsection (c) or (d) of this section or
further efforts of the Commission to obtain voluntary compliance.
(2) Whenever a charge is filed with the Commission and the
Commission concludes on the basis of a preliminary investigation
that prompt judicial action is necessary to carry out the purposes
of this Act, the Commission, or the Attorney General in a case
involving a government, governmental agency, or political
subdivision, may bring an action for appropriate temporary or
preliminary relief pending final disposition of such charge. Any
temporary restraining order or other order granting preliminary or
temporary relief shall be issued in accordance with rule 65 of the
Federal Rules of Civil Procedure. It shall be the duty of a court
having jurisdiction over proceedings under this section to assign
cases for hearing at the earliest practicable date and to cause
such cases to be in every way expedited.
(3) Each United States district court and each United States
court of a place subject to the jurisdiction of the United States
shall have jurisdiction of actions brought under this subchapter.
Such an action may be brought in any judicial district in the State
in which the unlawful employment practice is alleged to have been
committed, in the judicial district in which the employment records
relevant to such practice are maintained and administered, or in
the judicial district in which the aggrieved person would have
worked but for the alleged unlawful employment practice, but if the
respondent is not found within any such district, such an action
may be brought within the judicial district in which the respondent
has his principal office. For purposes of sections 1404 and 1406 of
title 28, the judicial district in which the respondent has his
principal office shall in all cases be considered a district in
which the action might have been brought.
(4) It shall be the duty of the chief judge of the district (or
in his absence, the acting chief judge) in which the case is
pending immediately to designate a judge in such district to hear
and determine the case. In the event that no judge in the district
is available to hear and determine the case, the chief judge of the
district, or the acting chief judge, as the case may be, shall
certify this fact to the chief judge of the circuit (or in his
absence, the acting chief judge) who shall then designate a
district or circuit judge of the circuit to hear and determine the
case.
(5) It shall be the duty of the judge designated pursuant to this
subsection to assign the case for hearing at the earliest
practicable date and to cause the case to be in every way
expedited. If such judge has not scheduled the case for trial
within one hundred and twenty days after issue has been joined,
that judge may appoint a master pursuant to rule 53 of the Federal
Rules of Civil Procedure.
(g) Injunctions; appropriate affirmative action; equitable relief;
accrual of back pay; reduction of back pay; limitations on
judicial orders
(1) If the court finds that the respondent has intentionally
engaged in or is intentionally engaging in an unlawful employment
practice charged in the complaint, the court may enjoin the
respondent from engaging in such unlawful employment practice, and
order such affirmative action as may be appropriate, which may
include, but is not limited to, reinstatement or hiring of
employees, with or without back pay (payable by the employer,
employment agency, or labor organization, as the case may be,
responsible for the unlawful employment practice), or any other
equitable relief as the court deems appropriate. Back pay liability
shall not accrue from a date more than two years prior to the
filing of a charge with the Commission. Interim earnings or amounts
earnable with reasonable diligence by the person or persons
discriminated against shall operate to reduce the back pay
otherwise allowable.
(2)(A) No order of the court shall require the admission or
reinstatement of an individual as a member of a union, or the
hiring, reinstatement, or promotion of an individual as an
employee, or the payment to him of any back pay, if such individual
was refused admission, suspended, or expelled, or was refused
employment or advancement or was suspended or discharged for any
reason other than discrimination on account of race, color,
religion, sex, or national origin or in violation of section
2000e-3(a) of this title.
(B) On a claim in which an individual proves a violation under
section 2000e-2(m) of this title and a respondent demonstrates that
the respondent would have taken the same action in the absence of
the impermissible motivating factor, the court -
(i) may grant declaratory relief, injunctive relief (except as
provided in clause (ii)), and attorney's fees and costs
demonstrated to be directly attributable only to the pursuit of a
claim under section 2000e-2(m) of this title; and
(ii) shall not award damages or issue an order requiring any
admission, reinstatement, hiring, promotion, or payment,
described in subparagraph (A).
(h) Provisions of chapter 6 of title 29 not applicable to civil
actions for prevention of unlawful practices
The provisions of chapter 6 of title 29 shall not apply with
respect to civil actions brought under this section.
(i) Proceedings by Commission to compel compliance with judicial
orders
In any case in which an employer, employment agency, or labor
organization fails to comply with an order of a court issued in a
civil action brought under this section, the Commission may
commence proceedings to compel compliance with such order.
(j) Appeals
Any civil action brought under this section and any proceedings
brought under subsection (i) of this section shall be subject to
appeal as provided in sections 1291 and 1292, title 28.
(k) Attorney's fee; liability of Commission and United States for
costs
In any action or proceeding under this subchapter the court, in
its discretion, may allow the prevailing party, other than the
Commission or the United States, a reasonable attorney's fee
(including expert fees) as part of the costs, and the Commission
and the United States shall be liable for costs the same as a
private person.
)1(! So in original. Probably should be subsection ""(b)"".
Sec. 2000e-6. Civil actions by the Attorney General
(a) Complaint
Whenever the Attorney General has reasonable cause to believe
that any person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the rights
secured by this subchapter, and that the pattern or practice is of
such a nature and is intended to deny the full exercise of the
rights herein described, the Attorney General may bring a civil
action in the appropriate district court of the United States by
filing with it a complaint (1) signed by him (or in his absence the
Acting Attorney General), (2) setting forth facts pertaining to
such pattern or practice, and (3) requesting such relief, including
an application for a permanent or temporary injunction, restraining
order or other order against the person or persons responsible for
such pattern or practice, as he deems necessary to insure the full
enjoyment of the rights herein described.
(b) Jurisdiction; three-judge district court for cases of general
public importance: hearing, determination, expedition of action,
review by Supreme Court; single judge district court: hearing,
determination, expedition of action
The district courts of the United States shall have and shall
exercise jurisdiction of proceedings instituted pursuant to this
section, and in any such proceeding the Attorney General may file
with the clerk of such court a request that a court of three judges
be convened to hear and determine the case. Such request by the
Attorney General shall be accompanied by a certificate that, in his
opinion, the case is of general public importance. A copy of the
certificate and request for a three-judge court shall be
immediately furnished by such clerk to the chief judge of the
circuit (or in his absence, the presiding circuit judge of the
circuit) in which the case is pending. Upon receipt of such request
it shall be the duty of the chief judge of the circuit or the
presiding circuit judge, as the case may be, to designate
immediately three judges in such circuit, of whom at least one
shall be a circuit judge and another of whom shall be a district
judge of the court in which the proceeding was instituted, to hear
and determine such case, and it shall be the duty of the judges so
designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and determination
thereof, and to cause the case to be in every way expedited. An
appeal from the final judgment of such court will lie to the
Supreme Court.
In the event the Attorney General fails to file such a request in
any such proceeding, it shall be the duty of the chief judge of the
district (or in his absence, the acting chief judge) in which the
case is pending immediately to designate a judge in such district
to hear and determine the case. In the event that no judge in the
district is available to hear and determine the case, the chief
judge of the district, or the acting chief judge, as the case may
be, shall certify this fact to the chief judge of the circuit (or
in his absence, the acting chief judge) who shall then designate a
district or circuit judge of the circuit to hear and determine the
case.
It shall be the duty of the judge designated pursuant to this
section to assign the case for hearing at the earliest practicable
date and to cause the case to be in every way expedited.
(c) Transfer of functions, etc., to Commission; effective date;
prerequisite to transfer; execution of functions by Commission
Effective two years after March 24, 1972, the functions of the
Attorney General under this section shall be transferred to the
Commission, together with such personnel, property, records, and
unexpended balances of appropriations, allocations, and other funds
employed, used, held, available, or to be made available in
connection with such functions unless the President submits, and
neither House of Congress vetoes, a reorganization plan pursuant to
chapter 9 of title 5, inconsistent with the provisions of this
subsection. The Commission shall carry out such functions in
accordance with subsections (d) and (e) of this section.
(d) Transfer of functions, etc., not to affect suits commenced
pursuant to this section prior to date of transfer
Upon the transfer of functions provided for in subsection (c) of
this section, in all suits commenced pursuant to this section prior
to the date of such transfer, proceedings shall continue without
abatement, all court orders and decrees shall remain in effect, and
the Commission shall be substituted as a party for the United
States of America, the Attorney General, or the Acting Attorney
General, as appropriate.
(e) Investigation and action by Commission pursuant to filing of
charge of discrimination; procedure
Subsequent to March 24, 1972, the Commission shall have authority
to investigate and act on a charge of a pattern or practice of
discrimination, whether filed by or on behalf of a person claiming
to be aggrieved or by a member of the Commission. All such actions
shall be conducted in accordance with the procedures set forth in
section 2000e-5 of this title.
Sec. 2000e-7. Effect on State laws
Nothing in this subchapter shall be deemed to exempt or relieve
any person from any liability, duty, penalty, or punishment
provided by any present or future law of any State or political
subdivision of a State, other than any such law which purports to
require or permit the doing of any act which would be an unlawful
employment practice under this subchapter.
Sec. 2000e-8. Investigations
(a) Examination and copying of evidence related to unlawful
employment practices
In connection with any investigation of a charge filed under
section 2000e-5 of this title, the Commission or its designated
representative shall at all reasonable times have access to, for
the purposes of examination, and the right to copy any evidence of
any person being investigated or proceeded against that relates to
unlawful employment practices covered by this subchapter and is
relevant to the charge under investigation.
(b) Cooperation with State and local agencies administering State
fair employment practices laws; participation in and contribution
to research and other projects; utilization of services; payment
in advance or reimbursement; agreements and rescission of
agreements
The Commission may cooperate with State and local agencies
charged with the administration of State fair employment practices
laws and, with the consent of such agencies, may, for the purpose
of carrying out its functions and duties under this subchapter and
within the limitation of funds appropriated specifically for such
purpose, engage in and contribute to the cost of research and other
projects of mutual interest undertaken by such agencies, and
utilize the services of such agencies and their employees, and,
notwithstanding any other provision of law, pay by advance or
reimbursement such agencies and their employees for services
rendered to assist the Commission in carrying out this subchapter.
In furtherance of such cooperative efforts, the Commission may
enter into written agreements with such State or local agencies and
such agreements may include provisions under which the Commission
shall refrain from processing a charge in any cases or class of
cases specified in such agreements or under which the Commission
shall relieve any person or class of persons in such State or
locality from requirements imposed under this section. The
Commission shall rescind any such agreement whenever it determines
that the agreement no longer serves the interest of effective
enforcement of this subchapter.
(c) Execution, retention, and preservation of records; reports to
Commission; training program records; appropriate relief from
regulation or order for undue hardship; procedure for exemption;
judicial action to compel compliance
Every employer, employment agency, and labor organization subject
to this subchapter shall (1) make and keep such records relevant to
the determinations of whether unlawful employment practices have
been or are being committed, (2) preserve such records for such
periods, and (3) make such reports therefrom as the Commission
shall prescribe by regulation or order, after public hearing, as
reasonable, necessary, or appropriate for the enforcement of this
subchapter or the regulations or orders thereunder. The Commission
shall, by regulation, require each employer, labor organization,
and joint labor-management committee subject to this subchapter
which controls an apprenticeship or other training program to
maintain such records as are reasonably necessary to carry out the
purposes of this subchapter, including, but not limited to, a list
of applicants who wish to participate in such program, including
the chronological order in which applications were received, and to
furnish to the Commission upon request, a detailed description of
the manner in which persons are selected to participate in the
apprenticeship or other training program. Any employer, employment
agency, labor organization, or joint labor-management committee
which believes that the application to it of any regulation or
order issued under this section would result in undue hardship may
apply to the Commission for an exemption from the application of
such regulation or order, and, if such application for an exemption
is denied, bring a civil action in the United States district court
for the district where such records are kept. If the Commission or
the court, as the case may be, finds that the application of the
regulation or order to the employer, employment agency, or labor
organization in question would impose an undue hardship, the
Commission or the court, as the case may be, may grant appropriate
relief. If any person required to comply with the provisions of
this subsection fails or refuses to do so, the United States
district court for the district in which such person is found,
resides, or transacts business, shall, upon application of the
Commission, or the Attorney General in a case involving a
government, governmental agency or political subdivision, have
jurisdiction to issue to such person an order requiring him to
comply.
(d) Consultation and coordination between Commission and interested
State and Federal agencies in prescribing recordkeeping and
reporting requirements; availability of information furnished
pursuant to recordkeeping and reporting requirements; conditions
on availability
In prescribing requirements pursuant to subsection (c) of this
section, the Commission shall consult with other interested State
and Federal agencies and shall endeavor to coordinate its
requirements with those adopted by such agencies. The Commission
shall furnish upon request and without cost to any State or local
agency charged with the administration of a fair employment
practice law information obtained pursuant to subsection (c) of
this section from any employer, employment agency, labor
organization, or joint labor-management committee subject to the
jurisdiction of such agency. Such information shall be furnished on
condition that it not be made public by the recipient agency prior
to the institution of a proceeding under State or local law
involving such information. If this condition is violated by a
recipient agency, the Commission may decline to honor subsequent
requests pursuant to this subsection.
(e) Prohibited disclosures; penalties
It shall be unlawful for any officer or employee of the
Commission to make public in any manner whatever any information
obtained by the Commission pursuant to its authority under this
section prior to the institution of any proceeding under this
subchapter involving such information. Any officer or employee of
the Commission who shall make public in any manner whatever any
information in violation of this subsection shall be guilty, of a
misdemeanor and upon conviction thereof, shall be fined not more
than $1,000, or imprisoned not more than one year.
Sec. 2000e-9. Conduct of hearings and investigations pursuant to
section 161 of title 29
For the purpose of all hearings and investigations conducted by
the Commission or its duly authorized agents or agencies, section
161 of title 29 shall apply.
Sec. 2000e-10. Posting of notices; penalties
(a) Every employer, employment agency, and labor organization, as
the case may be, shall post and keep posted in conspicuous places
upon its premises where notices to employees, applicants for
employment, and members are customarily posted a notice to be
prepared or approved by the Commission setting forth excerpts, from
or, summaries of, the pertinent provisions of this subchapter and
information pertinent to the filing of a complaint.
(b) A willful violation of this section shall be punishable by a
fine of not more than $100 for each separate offense.
Sec. 2000e-11. Veterans' special rights or preference
Nothing contained in this subchapter shall be construed to repeal
or modify any Federal, State, territorial, or local law creating
special rights or preference for veterans.
Sec. 2000e-12. Regulations; conformity of regulations with
administrative procedure provisions; reliance on interpretations
and instructions of Commission
(a) The Commission shall have authority from time to time to
issue, amend, or rescind suitable procedural regulations to carry
out the provisions of this subchapter. Regulations issued under
this section shall be in conformity with the standards and
limitations of subchapter II of chapter 5 of title 5.
(b) In any action or proceeding based on any alleged unlawful
employment practice, no person shall be subject to any liability or
punishment for or on account of (1) the commission by such person
of an unlawful employment practice if he pleads and proves that the
act or omission complained of was in good faith, in conformity
with, and in reliance on any written interpretation or opinion of
the Commission, or (2) the failure of such person to publish and
file any information required by any provision of this subchapter
if he pleads and proves that he failed to publish and file such
information in good faith, in conformity with the instructions of
the Commission issued under this subchapter regarding the filing of
such information. Such a defense, if established, shall be a bar to
the action or proceeding, notwithstanding that (A) after such act
or omission, such interpretation or opinion is modified or
rescinded or is determined by judicial authority to be invalid or
of no legal effect, or (B) after publishing or filing the
description and annual reports, such publication or filing is
determined by judicial authority not to be in conformity with the
requirements of this subchapter.
Sec. 2000e-13. Application to personnel of Commission of sections
111 and 1114 of title 18; punishment for violation of section
1114 of title 18
The provisions of sections 111 and 1114, title 18, shall apply to
officers, agents, and employees of the Commission in the
performance of their official duties. Notwithstanding the
provisions of sections 111 and 1114 of title 18, whoever in
violation of the provisions of section 1114 of such title kills a
person while engaged in or on account of the performance of his
official functions under this Act shall be punished by imprisonment
for any term of years or for life.
Sec. 2000e-14. Equal Employment Opportunity Coordinating Council;
establishment; composition; duties; report to President and
Congress
The Equal Employment Opportunity Commission shall have the
responsibility for developing and implementing agreements, policies
and practices designed to maximize effort, promote efficiency, and
eliminate conflict, competition, duplication and inconsistency
among the operations, functions and jurisdictions of the various
departments, agencies and branches of the Federal Government
responsible for the implementation and enforcement of equal
employment opportunity legislation, orders, and policies. On or
before October 1 of each year, the Equal Employment Opportunity
Commission shall transmit to the President and to the Congress a
report of its activities, together with such recommendations for
legislative or administrative changes as it concludes are desirable
to further promote the purposes of this section.
Sec. 2000e-15. Presidential conferences; acquaintance of leadership
with provisions for employment rights and obligations; plans for
fair administration; membership
The President shall, as soon as feasible after July 2, 1964,
convene one or more conferences for the purpose of enabling the
leaders of groups whose members will be affected by this subchapter
to become familiar with the rights afforded and obligations imposed
by its provisions, and for the purpose of making plans which will
result in the fair and effective administration of this subchapter
when all of its provisions become effective. The President shall
invite the participation in such conference or conferences of (1)
the members of the President's Committee on Equal Employment
Opportunity, (2) the members of the Commission on Civil Rights, (3)
representatives of State and local agencies engaged in furthering
equal employment opportunity, (4) representatives of private
agencies engaged in furthering equal employment opportunity, and
(5) representatives of employers, labor organizations, and
employment agencies who will be subject to this subchapter.
Sec. 2000e-16. Employment by Federal Government
(a) Discriminatory practices prohibited; employees or applicants
for employment subject to coverage
All personnel actions affecting employees or applicants for
employment (except with regard to aliens employed outside the
limits of the United States) in military departments as defined in
section 102 of title 5, in executive agencies as defined in section
105 of title 5 (including employees and applicants for employment
who are paid from nonappropriated funds), in the United States
Postal Service and the Postal Rate Commission, in those units of
the Government of the District of Columbia having positions in the
competitive service, and in those units of the judicial branch of
the Federal Government having positions in the competitive service,
in the Smithsonian Institution, and in the Government Printing
Office, the General Accounting Office, and the Library of Congress
shall be made free from any discrimination based on race, color,
religion, sex, or national origin.
(b) Equal Employment Opportunity Commission; enforcement powers;
issuance of rules, regulations, etc.; annual review and approval
of national and regional equal employment opportunity plans;
review and evaluation of equal employment opportunity programs
and publication of progress reports; consultations with
interested parties; compliance with rules, regulations, etc.;
contents of national and regional equal employment opportunity
plans; authority of Librarian of Congress
Except as otherwise provided in this subsection, the Equal
Employment Opportunity Commission shall have authority to enforce
the provisions of subsection (a) of this section through
appropriate remedies, including reinstatement or hiring of
employees with or without back pay, as will effectuate the policies
of this section, and shall issue such rules, regulations, orders
and instructions as it deems necessary and appropriate to carry out
its responsibilities under this section. The Equal Employment
Opportunity Commission shall -
(1) be responsible for the annual review and approval of a
national and regional equal employment opportunity plan which
each department and agency and each appropriate unit referred to
in subsection (a) of this section shall submit in order to
maintain an affirmative program of equal employment opportunity
for all such employees and applicants for employment;
(2) be responsible for the review and evaluation of the
operation of all agency equal employment opportunity programs,
periodically obtaining and publishing (on at least a semiannual
basis) progress reports from each such department, agency, or
unit; and
(3) consult with and solicit the recommendations of interested
individuals, groups, and organizations relating to equal
employment opportunity.
The head of each such department, agency, or unit shall comply with
such rules, regulations, orders, and instructions which shall
include a provision that an employee or applicant for employment
shall be notified of any final action taken on any complaint of
discrimination filed by him thereunder. The plan submitted by each
department, agency, and unit shall include, but not be limited to -
(1) provision for the establishment of training and education
programs designed to provide a maximum opportunity for employees
to advance so as to perform at their highest potential; and
(2) a description of the qualifications in terms of training
and experience relating to equal employment opportunity for the
principal and operating officials of each such department,
agency, or unit responsible for carrying out the equal employment
opportunity program and of the allocation of personnel and
resources proposed by such department, agency, or unit to carry
out its equal employment opportunity program.
With respect to employment in the Library of Congress, authorities
granted in this subsection to the Equal Employment Opportunity
Commission shall be exercised by the Librarian of Congress.
(c) Civil action by employee or applicant for employment for
redress of grievances; time for bringing of action; head of
department, agency, or unit as defendant
Within 90 days of receipt of notice of final action taken by a
department, agency, or unit referred to in subsection (a) of this
section, or by the Equal Employment Opportunity Commission upon an
appeal from a decision or order of such department, agency, or unit
on a complaint of discrimination based on race, color, religion,
sex or national origin, brought pursuant to subsection (a) of this
section, Executive Order 11478 or any succeeding Executive orders,
or after one hundred and eighty days from the filing of the initial
charge with the department, agency, or unit or with the Equal
Employment Opportunity Commission on appeal from a decision or
order of such department, agency, or unit until such time as final
action may be taken by a department, agency, or unit, an employee
or applicant for employment, if aggrieved by the final disposition
of his complaint, or by the failure to take final action on his
complaint, may file a civil action as provided in section 2000e-5
of this title, in which civil action the head of the department,
agency, or unit, as appropriate, shall be the defendant.
(d) Section 2000e-5(f) through (k) of this title applicable to
civil actions
The provisions of section 2000e-5(f) through (k) of this title,
as applicable, shall govern civil actions brought hereunder, and
the same interest to compensate for delay in payment shall be
available as in cases involving nonpublic parties..)1(!
(e) Government agency or official not relieved of responsibility to
assure nondiscrimination in employment or equal employment
opportunity
Nothing contained in this Act shall relieve any Government agency
or official of its or his primary responsibility to assure
nondiscrimination in employment as required by the Constitution and
statutes or of its or his responsibilities under Executive Order
11478 relating to equal employment opportunity in the Federal
Government.
1 So in original.
Sec. 2000e-16a. Short title; purpose; definition
(a) Short title
Sections 2000e-16a to 2000e-16c of this title may be cited as the
""Government Employee Rights Act of 1991"".
(b) Purpose
The purpose of sections 2000e-16a to 2000e-16c of this title is
to provide procedures to protect the rights of certain government
employees, with respect to their public employment, to be free of
discrimination on the basis of race, color, religion, sex, national
origin, age, or disability.
(c) ""Violation"" defined
For purposes of sections 2000e-16a to 2000e-16c of this title,
the term ""violation"" means a practice that violates section
2000e-16b(a) of this title.
Sec. 2000e-16b. Discriminatory practices prohibited
(a) Practices
All personnel actions affecting the Presidential appointees
described in section 1219 )1(! of title 2 or the State employees
described in section 2000e-16c of this title shall be made free
from any discrimination based on -
(1) race, color, religion, sex, or national origin, within the
meaning of section 2000e-16 of this title;
(2) age, within the meaning of section 633a of title 29; or
(3) disability, within the meaning of section 791 of title 29
and sections 12112 to 12114 of this title.
(b) Remedies
The remedies referred to in sections 1219(a)(1) )1(! of title 2
and 2000e-16c(a) of this title -
(1) may include, in the case of a determination that a
violation of subsection (a)(1) or (a)(3) of this section has
occurred, such remedies as would be appropriate if awarded under
sections 2000e-5(g), 2000e-5(k), and 2000e-16(d) of this title,
and such compensatory damages as would be appropriate if awarded
under section 1981 or sections 1981a(a) and 1981a(b)(2) of this
title;
(2) may include, in the case of a determination that a
violation of subsection (a)(2) of this section has occurred, such
remedies as would be appropriate if awarded under section 633a(c)
of title 29; and
(3) may not include punitive damages.
Sec. 2000e-16c. Coverage of previously exempt State employees
(a) Application
The rights, protections, and remedies provided pursuant to
section 2000e-16b of this title shall apply with respect to
employment of any individual chosen or appointed, by a person
elected to public office in any State or political subdivision of
any State by the qualified voters thereof -
(1) to be a member of the elected official's personal staff;
(2) to serve the elected official on the policymaking level; or
(3) to serve the elected official as an immediate advisor with
respect to the exercise of the constitutional or legal powers of
the office.
(b) Enforcement by administrative action
(1) In general
Any individual referred to in subsection (a) of this section
may file a complaint alleging a violation, not later than 180
days after the occurrence of the alleged violation, with the
Equal Employment Opportunity Commission, which, in accordance
with the principles and procedures set forth in sections 554
through 557 of title 5, shall determine whether a violation has
occurred and shall set forth its determination in a final order.
If the Equal Employment Opportunity Commission determines that a
violation has occurred, the final order shall also provide for
appropriate relief.
(2) Referral to State and local authorities
(A) Application
Section 2000e-5(d) of this title shall apply with respect to
any proceeding under this section.
(B) Definition
For purposes of the application described in subparagraph
(A), the term ""any charge filed by a member of the Commission
alleging an unlawful employment practice"" means a complaint
filed under this section.
(c) Judicial review
Any party aggrieved by a final order under subsection (b) of this
section may obtain a review of such order under chapter 158 of
title 28. For the purpose of this review, the Equal Employment
Opportunity Commission shall be an ""agency"" as that term is used in
chapter 158 of title 28.
(d) Standard of review
To the extent necessary to decision and when presented, the
reviewing court shall decide all relevant questions of law and
interpret constitutional and statutory provisions. The court shall
set aside a final order under subsection (b) of this section if it
is determined that the order was -
(1) arbitrary, capricious, an abuse of discretion, or otherwise
not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the
whole record or those parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error.
(e) Attorney's fees
If the individual referred to in subsection (a) of this section
is the prevailing party in a proceeding under this subsection,)1(!
attorney's fees may be allowed by the court in accordance with the
standards prescribed under section 2000e-5(k) of this title.
1 So in original.
Sec. 2000e-17. Procedure for denial, withholding, termination, or
suspension of Government contract subsequent to acceptance by
Government of affirmative action plan of employer; time of
acceptance of plan
No Government contract, or portion thereof, with any employer,
shall be denied, withheld, terminated, or suspended, by any agency
or officer of the United States under any equal employment
opportunity law or order, where such employer has an affirmative
action plan which has previously been accepted by the Government
for the same facility within the past twelve months without first
according such employer full hearing and adjudication under the
provisions of section 554 of title 5, and the following pertinent
sections: Provided, That if such employer has deviated
substantially from such previously agreed to affirmative action
plan, this section shall not apply: Provided further, That for the
purposes of this section an affirmative action plan shall be deemed
to have been accepted by the Government at the time the appropriate
compliance agency has accepted such plan unless within forty-five
days thereafter the Office of Federal Contract Compliance has
disapproved such plan.
