US (United States) Code. Title 42. Chapter 21: Civil rights

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 2000e-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-2. Unlawful employment practices

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 703, July 2, 1964, 78 Stat. 255;

Pub. L. 92-261, Sec. 8(a), (b), Mar. 24, 1972, 86 Stat. 109; Pub.

L. 102-166, title I, Secs. 105(a), 106, 107(a), 108, Nov. 21, 1991,

105 Stat. 1074-1076.)

-REFTEXT-

REFERENCES IN TEXT

The Subversive Activities Control Act of 1950, referred to in

subsec. (f), is title I (Secs. 1-32) of act Sept. 23, 1950, ch.

1024, 64 Stat. 987, as amended, which is classified principally to

subchapter I (Sec. 781 et seq.) of chapter 23 of Title 50, War and

National Defense. For complete classification of this Act to the

Code, see Tables.

The Controlled Substances Act, referred to in subsec. (k)(3), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

The Federal civil rights laws, referred to in subsec. (n)(1), are

classified generally to chapter 21 (Sec. 1981 et seq.) of this

title.

The Federal Rules of Civil Procedure, referred to in subsec.

(n)(2)(A), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-MISC1-

AMENDMENTS

1991 - Subsec. (k). Pub. L. 102-166, Sec. 105(a), added subsec.

(k).

Subsec. (l). Pub. L. 102-166, Sec. 106, added subsec. (l).

Subsec. (m). Pub. L. 102-166, Sec. 107(a), added subsec. (m).

Subsec. (n). Pub. L. 102-166, Sec. 108, added subsec. (n).

1972 - Subsec. (a)(2). Pub. L. 92-261, Sec. 8(a), inserted "or

applicants for employment" after "his employees".

Subsec. (c)(2). Pub. L. 92-261, Sec. 8(b), inserted "or

applicants for membership" after "membership".

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of this title.

SUBVERSIVE ACTIVITIES CONTROL BOARD

Subversive Activities Control Board established by act Sept. 23,

1950, ch. 1024, Sec. 12, 64 Stat. 977, and ceased to operate on

June 30, 1973.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300x-65, 1981a, 2000e,

2000e-1, 2000e-5 of this title; title 2 section 1311; title 3

section 411; title 8 section 1324b; title 23 section 140.

-End-

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42 USC Sec. 2000e-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-3. Other unlawful employment practices

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 704, July 2, 1964, 78 Stat. 257;

Pub. L. 92-261, Sec. 8(c), Mar. 24, 1972, 86 Stat. 109.)

-MISC1-

AMENDMENTS

1972 - Subsec. (a). Pub. L. 92-261, Sec. 8(c)(1), inserted

provision making it an unlawful employment practice for a joint

labor-management committee controlling apprenticeship or other

training or retraining, including on-the-job training programs, to

discriminate against the specified individuals.

Subsec. (b). Pub. L. 92-261, Sec. 8(c)(2), inserted provisions

making prohibitions applicable to joint labor-management committees

controlling apprenticeship or other training or retraining,

including on-the-job training programs, and notices or

advertisements of such joint labor-management committees relating

to admission to, or employment in, any program established to

provide apprenticeship or other training.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 2000e-1, 2000e-5

of this title.

-End-

-CITE-

42 USC Sec. 2000e-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-4. Equal Employment Opportunity Commission

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 705, July 2, 1964, 78 Stat. 258;

Pub. L. 92-261, Sec. 8(d)-(f), Mar. 24, 1972, 86 Stat. 109, 110;

Pub. L. 93-608, Sec. 3(1), Jan. 2, 1975, 88 Stat. 1972; Pub. L.

95-251, Sec. 2(a)(11), Mar. 27, 1978, 92 Stat. 183; Pub. L.

102-166, title I, Secs. 110(a), 111, Nov. 21, 1991, 105 Stat. 1078;

Pub. L. 102-411, Sec. 2, Oct. 14, 1992, 106 Stat. 2102; Pub. L.

104-66, title II, Sec. 2031, Dec. 21, 1995, 109 Stat. 728.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

The General Schedule, referred to in subsec. (a), is set out

under section 5332 of Title 5.

The effective date of this Act, referred to in subsec. (b)(1),

probably means the date of enactment of Pub. L. 92-261, which was

approved Mar. 24, 1972.

Section 7324 of title 5, referred to in subsec. (i), which

related to Executive agency employees or District of Columbia

government employees influencing elections or taking part in

political campaigns, was omitted in the general revision of

subchapter III of chapter 73 of Title 5 by Pub. L. 103-94, Sec.

2(a), Oct. 6, 1993, 107 Stat. 1003, which enacted a new section

7324, relating to prohibition of political activities while on

duty. See section 7323 of Title 5.

-COD-

CODIFICATION

In subsec. (a), reference to section "5372" of title 5

substituted for reference to section "5362" on authority of Pub. L.

95-454, Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which

redesignated sections 5361 through 5365 of title 5 as sections 5371

through 5375.

In subsec. (i), "section 7324 of title 5" substituted for

"section 9 of the Act of August 2, 1939, as amended (the Hatch

Act)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80

Stat. 631, the first section of which enacted Title 5, Government

Organization and Employees. Prior to the enactment of Title 5,

section 9 of the Act of August 2, 1939, as amended, was classified

to section 118i of Title 5.

-MISC1-

AMENDMENTS

1995 - Subsec. (k)(2)(C). Pub. L. 104-66 substituted "including

information, presented in the aggregate, relating to" for

"including" in introductory provisions, "the number of persons and

entities" for "the identity of each person or entity" in cl. (i),

"such persons and entities" for "such person or entity" in cl.

(ii), and "fees" for "fee" and "such persons and entities" for

"such person or entity" in cl. (iii).

1992 - Subsec. (k). Pub. L. 102-411 added subsec. (k).

1991 - Subsec. (h). Pub. L. 102-166, Sec. 111, designated

existing provisions as par. (1) and added par. (2).

Subsec. (j). Pub. L. 102-166, Sec. 110(a), added subsec. (j).

1978 - Subsec. (a). Pub. L. 95-251 substituted "administrative

law judges" for "hearing examiners" wherever appearing.

1975 - Subsec. (e). Pub. L. 93-608 struck out reporting

requirement of names, salaries, and duties of all individuals in

employ of Commission.

1972 - Subsec. (a). Pub. L. 92-261, Sec. 8(d), struck out

provisions setting forth length of terms of original members of

Commission and provisions authorizing Vice Chairman to act as

Chairman in certain circumstances, inserted provisions relating to

continuation in office of all members of Commission, and

substituted provisions requiring appointment of officers, etc., in

accordance with provisions of title 5, fixing compensation of such

officers, etc., in accordance with provisions of chapter 51 and

subchapter III of chapter 53 of title 5, relating to classification

and General Schedule pay rates, and requiring assignment, removal,

and compensation of hearing examiners in accordance with specified

sections, for provisions requiring appointment of officers, etc.,

in accordance with civil service laws, and fixing compensation of

such officers, etc., in accordance with the Classification Act of

1949, as amended.

Subsecs. (b) to (e). Pub. L. 92-261, Sec. 8(e), added subsec.

(b), struck out subsec. (e) which amended sections 2204 and 2205 of

former Title 5, Executive Departments and Government Officers and

Employees, and redesignated existing subsecs. (b), (c), and (d) as

(c), (d), and (e), respectively.

Subsec. (g)(6). Pub. L. 92-261, Sec. 8(f), substituted provisions

which authorized Commission to intervene in a civil action brought

under section 2000e-5 of this title where respondent is other than

a government, governmental agency, or political subdivision for

provisions which authorized Commission to refer matters to Attorney

General with recommendations to intervene or institute civil

actions.

Subsecs. (h) to (j). Pub. L. 92-261, Sec. 8(e)(2), (3), struck

out subsec. (h) which provided for legal representation for

Commission, and redesignated subsecs. (i) and (j) as (h) and (i),

respectively.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 110(b) of Pub. L. 102-166 provided that: "The amendment

made by this section [amending this section] shall take effect on

the date of the enactment of this Act [Nov. 21, 1991]."

Amendment by section 111 of Pub. L. 102-166 effective Nov. 21,

1991, except as otherwise provided, see section 402 of Pub. L.

102-166, set out as a note under section 1981 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (e) of this section is listed

in item 20 on page 165), see section 3003 of Pub. L. 104-66, as

amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L.

106-554, set out as notes under section 1113 of Title 31, Money and

Finance.

REORGANIZATION PLAN NO. 1 OF 1978 SUPERSEDED BY CIVIL SERVICE

REFORM ACT OF 1978

Section 905 of Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224,

provided in part that any provision in Reorganization Plan No. 1 of

1978 [set out below] inconsistent with any provision of that Act

[see Tables for classification] was superseded thereby.

REORGANIZATION PLAN NO. 1 OF 1978

43 F.R. 19807, 92 STAT. 3781

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, February 23,

1978, pursuant to the provisions of Chapter 9 of Title 5 of the

United States Code.

EQUAL EMPLOYMENT OPPORTUNITY

SECTION 1. TRANSFER OF EQUAL PAY ENFORCEMENT FUNCTIONS

All functions related to enforcing or administering Section 6(d)

of the Fair Labor Standards Act, as amended, (29 U.S.C. 206(d)) are

hereby transferred to the Equal Employment Opportunity Commission.

Such functions include, but shall not be limited to, the functions

relating to equal pay administration and enforcement now vested in

the Secretary of Labor, the Administrator of the Wage and Hour

Division of the Department of Labor, and the Civil Service

Commission pursuant to Sections 4(d)(1); 4(f); 9; 11(a), (b), and

(c); 16(b) and (c) and 17 of the Fair Labor Standards Act, as

amended, (29 U.S.C. 204(d)(1); 204(f); 209; 211(a), (b), and (c);

216(b) and (c) and 217) and Section 10(b)(1) of the

Portal-to-Portal Act of 1947, as amended, (29 U.S.C. 259).

SEC. 2. TRANSFER OF AGE DISCRIMINATION ENFORCEMENT FUNCTIONS

All functions vested in the Secretary of Labor or in the Civil

Service Commission pursuant to Sections 2, 4, 7, 8, 9, 10, 11, 12,

13, 14, and 15 of the Age Discrimination in Employment Act of 1967,

as amended, (29 U.S.C. 621, 623, 626, 627, 628, 629, 630, 631, 632,

633, and 633a) are hereby transferred to the Equal Employment

Opportunity Commission. All functions related to age discrimination

administration and enforcement pursuant to Sections 6 and 16 of the

Age Discrimination in Employment Act of 1967, as amended, (29

U.S.C. 625 and 634) are hereby transferred to the Equal Employment

Opportunity Commission.

SEC. 3. TRANSFER OF EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT

ENFORCEMENT FUNCTIONS

(a) All equal opportunity in Federal employment enforcement and

related functions vested in the Civil Service Commission pursuant

to Section 717(b) and (c) of the Civil Rights Act of 1964, as

amended, (42 U.S.C. 2000e-16(b) and (c)), are hereby transferred to

the Equal Employment Opportunity Commission.

(b) The Equal Employment Opportunity Commission may delegate to

the Civil Service Commission or its successor the function of

making a preliminary determination on the issue of discrimination

whenever, as a part of a complaint or appeal before the Civil

Service Commission on other grounds, a Federal employee alleges a

violation of Section 717 of the Civil Rights Act of 1964, as

amended, (42 U.S.C. 2000e-16) provided that the Equal Employment

Opportunity Commission retains the function of making the final

determination concerning such issue of discrimination.

SEC. 4. TRANSFER OF FEDERAL EMPLOYMENT OF HANDICAPPED INDIVIDUALS

ENFORCEMENT FUNCTIONS

All Federal employment of handicapped individuals enforcement

functions and related functions vested in the Civil Service

Commission pursuant to Section 501 of the Rehabilitation Act of

1973 (29 U.S.C. 791) are hereby transferred to the Equal Employment

Opportunity Commission. The function of being co-chairman of the

Interagency Committee on Handicapped Employees now vested in the

Chairman of the Civil Service Commission pursuant to Section 501 is

hereby transferred to the Chairman of the Equal Employment

Opportunity Commission.

SEC. 5. TRANSFER OF PUBLIC SECTOR 707 FUNCTIONS

Any function of the Equal Employment Opportunity Commission

concerning initiation of litigation with respect to State or local

government, or political subdivisions under Section 707 of Title

VII of the Civil Rights Act of 1964, as amended, (42 U.S.C.

2000e-6) and all necessary functions related thereto, including

investigation, findings, notice and an opportunity to resolve the

matter without contested litigation, are hereby transferred to the

Attorney General, to be exercised by him in accordance with

procedures consistent with said Title VII. The Attorney General is

authorized to delegate any function under Section 707 of said Title

VII to any officer or employee of the Department of Justice.

SEC. 6. TRANSFER OF FUNCTIONS AND ABOLITION OF THE EQUAL EMPLOYMENT

OPPORTUNITY COORDINATING COUNCIL

All functions of the Equal Employment Opportunity Coordinating

Council, which was established pursuant to Section 715 of the Civil

Rights Act of 1964, as amended, (42 U.S.C. 2000e-14), are hereby

transferred to the Equal Employment Opportunity Commission. The

Equal Employment Opportunity Coordinating Council is hereby

abolished.

SEC. 7. SAVINGS PROVISION

Administrative proceedings including administrative appeals from

the acts of an executive agency (as defined by Section 105 of Title

5 of the United States Code) commenced or being conducted by or

against such executive agency will not abate by reason of the

taking effect of this Plan. Consistent with the provisions of this

Plan, all such proceedings shall continue before the Equal

Employment Opportunity Commission otherwise unaffected by the

transfers provided by this Plan. Consistent with the provisions of

this Plan, the Equal Employment Opportunity Commission shall accept

appeals from those executive agency actions which occurred prior to

the effective date of this Plan in accordance with law and

regulations in effect on such effective date. Nothing herein shall

affect any right of any person to judicial review under applicable

law.

SEC. 8. INCIDENTAL TRANSFERS

So much of the personnel, property, records and unexpended

balances of appropriations, allocations and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred under this Plan, as the Director of the

Office of Management and Budget shall determine, shall be

transferred to the appropriate department, agency, or component at

such time or times as the Director of the Office of Management and

Budget shall provide, except that no such unexpended balances

transferred shall be used for purposes other than those for which

the appropriation was originally made. The Director of the Office

of Management and Budget shall provide for terminating the affairs

of the Council abolished herein and for such further measures and

dispositions as such Director deems necessary to effectuate the

purposes of this Reorganization Plan.

SEC. 9. EFFECTIVE DATE

This Reorganization Plan shall become effective at such time or

times, on or before October 1, 1979, as the President shall

specify, but not sooner than the earliest time allowable under

Section 906 of Title 5 of the United States Code.

[Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, the

transfer to the Equal Employment Opportunity Commission of certain

functions of the Civil Service Commission relating to enforcement

of equal employment opportunity programs as provided by sections 1

to 4 of this Reorg. Plan is effective Jan. 1, 1979.]

[Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193,

sections 1 and 2 of this Reorg. Plan are effective July 1, 1979,

except for transfer of functions already effective Jan. 1, 1979,

under Ex. Ord. No. 12106 above.]

[Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971,

section 5 of this Reorg. Plan is effective July 1, 1978.]

[Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967,

section 6 of this Reorg. Plan is effective July 1, 1978.]

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I am submitting to you today Reorganization Plan No. 1 of 1978.

This Plan makes the Equal Employment Opportunity Commission the

principal Federal agency in fair employment enforcement. Together

with actions I shall take by Executive Order, it consolidates

Federal equal employment opportunity activities and lays, for the

first time, the foundation of a unified, coherent Federal structure

to combat job discrimination in all its forms.

In 1940 President Roosevelt issued the first Executive Order

forbidding discrimination in employment by the Federal government.

Since that time the Congress, the courts and the Executive Branch -

spurred by the courage and sacrifice of many people and

organizations - have taken historic steps to extend equal

employment opportunity protection throughout the private as well as

public sector. But each new prohibition against discrimination

unfortunately has brought with it a further dispersal of Federal

equal employment opportunity responsibility. This fragmentation of

authority among a number of Federal agencies has meant confusion

and ineffective enforcement for employees, regulatory duplication

and needless expense for employers.

Fair employment is too vital for haphazard enforcement. My

Administration will aggressively enforce our civil rights laws.

Although discrimination in any area has severe consequences,

limiting economic opportunity affects access to education, housing

and health care. I, therefore, ask you to join with me to

reorganize administration of the civil rights laws and to begin

that effort by reorganizing the enforcement of those laws which

ensure an equal opportunity to a job.

Eighteen government units now exercise important responsibilities

under statutes, Executive Orders and regulations relating to equal

employment opportunity:

The Equal Employment Opportunity Commission (EEOC) enforces Title

VII of the Civil Rights Act of 1964, [section 2000e et seq. of this

title] which bans employment discrimination based on race, national

origin, sex or religion. The EEOC acts on individual complaints and

also initiates private sector cases involving a "pattern or

practice" of discrimination.

The Department of Labor and 11 other agencies enforce Executive

Order 11246 [set out as a note under section 2000e of this title].

This prohibits discrimination in employment on the basis of race,

national origin, sex, or religion and requires affirmative action

by government contractors. While the Department now coordinates

enforcement of this "contract compliance" program, it is actually

administered by eleven other departments and agencies. The

Department also administers those statutes requiring contractors to

take affirmative action to employ handicapped people, disabled

veterans and Vietnam veterans.

In addition, the Labor Department enforces the Equal Pay Act of

1963 [section 206(d) of Title 29, Labor], which prohibits employers

from paying unequal wages based on sex, and the Age Discrimination

in Employment Act of 1967 [section 621 et seq. of Title 29], which

forbids age discrimination against persons between the ages of 40

and 65.

The Department of Justice litigates Title VII cases involving

public sector employers - State and local governments. The

Department also represents the Federal government in lawsuits

against Federal contractors and grant recipients who are in

violation of Federal nondiscrimination prohibitions.

The Civil Service Commission (CSC) enforces Title VII and all

other nondiscrimination and affirmative action requirements for

Federal employment. The CSC rules on complaints filed by

individuals and monitors affirmative action plans submitted

annually by other Federal agencies.

The Equal Employment Opportunity Coordinating Council includes

representatives from EEOC, Labor, Justice, CSC and the Civil Rights

Commission. It is charged with coordinating the Federal equal

employment opportunity enforcement effort and with eliminating

overlap and inconsistent standards.

In addition to these major government units, other agencies

enforce various equal employment opportunity requirements which

apply to specific grant programs. The Department of the Treasury,

for example, administers the anti-discrimination prohibitions

applicable to recipients of revenue sharing funds.

These programs have had only limited success. Some of the past

deficiencies include:

- inconsistent standards of compliance;

- duplicative, inconsistent paperwork requirements and

investigative efforts;

- conflicts within agencies between their program

responsibilities and their responsibility to enforce the civil

rights laws;

- confusion on the part of workers about how and where to seek

redress;

- lack of accountability.

I am proposing today a series of steps to bring coherence to the

equal employment enforcement effort. These steps, to be

accomplished by the Reorganization Plan and Executive Orders,

constitute an important step toward consolidation of equal

employment opportunity enforcement. They will be implemented over

the next two years, so that the agencies involved may continue

their internal reform.

Its experience and broad scope make the EEOC suitable for the

role of principal Federal agency in fair employment enforcement.

Located in the Executive Branch and responsible to the President,

the EEOC has developed considerable expertise in the field of

employment discrimination since Congress created it by the Civil

Rights Act of 1964 [section 2000e-4 of this title]. The Commission

has played a pioneer role in defining both employment

discrimination and its appropriate remedies.

While it has had management problems in past administrations, the

EEOC's new leadership is making substantial progress in correcting

them. In the last seven months the Commission has redesigned its

internal structures and adopted proven management techniques. Early

experience with these procedures indicates a high degree of success

in reducing and expediting new cases. At my direction, the Office

of Management and Budget is actively assisting the EEOC to ensure

that these reforms continue.

The Reorganization Plan I am submitting will accomplish the

following:

On July 1, 1978, abolish the Equal Employment Opportunity

Coordinating Council (42 U.S.C. 2000e-14) and transfer its duties

to the EEOC (no positions or funds shifted).

On October 1, 1978, shift enforcement of equal employment

opportunity for Federal employees from the CSC to the EEOC (100

positions and $6.5 million shifted).

On July 1, 1979, shift responsibility for enforcing both the

Equal Pay Act and the Age Discrimination in Employment Act from the

Labor Department to the EEOC (198 positions and $5.3 million

shifted for Equal Pay; 119 positions and $3.5 million for Age

Discrimination).

Clarify the Attorney General's authority to initiate "pattern or

practice" suits under Title VII in the public sector.

In addition, I will issue an Executive Order on October 1, 1978,

to consolidate the contract compliance program - now the

responsibility of Labor and eleven "compliance agencies" - into the

Labor Department (1,517 positions and $33.1 million shifted).

These proposed transfers and consolidations reduce from fifteen

to three the number of Federal agencies having important equal

employment opportunity responsibilities under Title VII of the

Civil Rights Act of 1964 and Federal contract compliance

provisions.

Each element of my Plan is important to the success of the entire

proposal.

By abolishing the Equal Employment Opportunity Coordinating

Council and transferring its responsibilities to the EEOC, this

plan places the Commission at the center of equal employment

opportunity enforcement. With these new responsibilities, the EEOC

can give coherence and direction to the government's efforts by

developing strong uniform enforcement standards to apply throughout

the government: standardized data collection procedures, joint

training programs, programs to ensure the sharing of enforcement

related data among agencies, and methods and priorities for

complaint and compliance reviews. Such direction has been absent in

the Equal Employment Opportunity Coordinating Council.

It should be stressed, however, that affected agencies will be

consulted before EEOC takes any action. When the Plan has been

approved, I intend to issue an Executive Order which will provide

for consultation, as well as a procedure for reviewing major

disputed issues within the Executive Office of the President. The

Attorney General's responsibility to advise the Executive Branch on

legal issues will also be preserved.

Transfer of the Civil Service Commission's equal employment

opportunity responsibilities to EEOC is needed to ensure that: (1)

Federal employees have the same rights and remedies as those in the

private sector and in State and local government; (2) Federal

agencies meet the same standards as are required of other

employers; and (3) potential conflicts between an agency's equal

employment opportunity and personnel management functions are

minimized. The Federal government must not fall below the standard

of performance it expects of private employers.

The Civil Service Commission has in the past been lethargic in

enforcing fair employment requirements within the Federal

government. While the Chairman and other Commissioners I have

appointed have already demonstrated their personal commitment to

expanding equal employment opportunity, responsibility for ensuring

fair employment for Federal employees should rest ultimately with

the EEOC.

We must ensure that the transfer in no way undermines the

important objectives of the comprehensive civil service

reorganization which will be submitted to Congress in the near

future. When the two plans take effect; I will direct the EEOC and

the CSC to coordinate their procedures to prevent any duplication

and overlap.

The Equal Pay Act now administered by the Labor Department,

prohibits employers from paying unequal wages based on sex. Title

VII of the Civil Rights Act, which is enforced by EEOC, contains a

broader ban on sex discrimination. The transfer of Equal Pay

responsibility from the Labor Department to the EEOC will minimize

overlap and centralize enforcement of statutory prohibitions

against sex discrimination in employment.

The transfer will strengthen efforts to combat sex

discrimination. Such efforts would be enhanced still further by

passage of the legislation pending before you, which I support,

that would prohibit employers from excluding women disabled by

pregnancy from participating in disability programs.

There is now virtually complete overlap in the employers, labor

organizations, and employment agencies covered by Title VII and by

the Age Discrimination in Employment Act. This overlap is

burdensome to employers and confusing to victims of discrimination.

The proposed transfer of the age discrimination program from the

Labor Department to the EEOC will eliminate the duplication.

The Plan I am proposing will not affect the Attorney General's

responsibility to enforce Title VII against State or local

governments or to represent the Federal government in suits against

Federal contractors and grant recipients. In 1972, the Congress

determined that the Attorney General should be involved in suits

against State and local governments. This proposal reinforces that

judgment and clarifies the Attorney General's authority to initiate

litigation against State or local governments engaged in a "pattern

or practice" of discrimination. This in no way diminishes the

EEOC's existing authority to investigate complaints filed against

State or local governments and, where appropriate, to refer them to

the Attorney General. The Justice Department and the EEOC will

cooperate so that the Department sues on valid referrals, as well

as on its own "pattern or practice" cases.

A critical element of my proposals will be accomplished by

Executive Order rather than by the Reorganization Plan. This

involves consolidation in the Labor Department of the

responsibility to ensure that Federal contractors comply with

Executive Order 11246. Consolidation will achieve the following:

promote consistent standards, procedures, and reporting

requirements; remove contractors from the jurisdiction of multiple

agencies; prevent an agency's equal employment objectives from

being outweighed by its procurement and construction objectives;

and produce more effective law enforcement through unification of

planning, training and sanctions. By 1981, after I have had an

opportunity to review the manner in which both the EEOC and the

Labor Department are exercising their new responsibilities, I will

determine whether further action is appropriate.

Finally, the responsibility for enforcing grant-related equal

employment provisions will remain with the agencies administering

the grant programs. With the EEOC acting as coordinator of Federal

equal employment programs, we will be able to bring overlap and

duplication to a minimum. We will be able, for example, to see that

a university's employment practices are not subject to duplicative

investigations under both Title IX of the Education Amendments of

1972 [section 1681 et seq. of Title 20, Education] and the contract

compliance program. Because of the similarities between the

Executive Order program and those statutes requiring Federal

contractors to take affirmative action to employ handicapped

individuals and disabled and Vietnam veterans, I have determined

that enforcement of these statues should remain in the Labor

Department.

Each of the changes set forth in the Reorganization Plan

accompanying this message is necessary to accomplish one or more of

the purposes set forth in Section 901(a) of Title 5 of the United

States Code. I have taken care to determine that all functions

abolished by the Plan are done only under the statutory authority

provided by Section 903(b) of Title 5 of the United States Code.

I do not anticipate that the reorganizations contained in this

Plan will result in any significant change in expenditures. They

will result in a more efficient and manageable enforcement program.

The Plan I am submitting is moderate and measured. It gives the

Equal Employment Opportunity Commission - an agency dedicated

solely to this purpose - the primary Federal responsibility in the

area of job discrimination, but it is designed to give this agency

sufficient time to absorb its new responsibilities. This

reorganization will produce consistent agency standards, as well as

increased accountability. Combined with the intense commitment of

those charged with these responsibilities, it will become possible

for us to accelerate this nation's progress in ensuring equal job

opportunities for all our people.

Jimmy Carter.

The White House, February 23, 1978.

-EXEC-

EX. ORD. NO. 12106. TRANSFER OF CERTAIN EQUAL EMPLOYMENT

ENFORCEMENT FUNCTIONS

Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, provided:

By the authority vested in me as President of the United States

of America by Section 9 of Reorganization Plan No. 1 of 1978 (43 FR

19807) [set out above], in order to effectuate the transfer of

certain functions relating to the enforcement of equal employment

programs, and in order to make certain technical amendments in

other Orders to reflect this transfer of functions, it is hereby

ordered as follows:

1-101. The transfer to the Equal Employment Opportunity

Commission of certain functions of the Civil Service Commission,

relating to enforcement of equal employment opportunity programs as

provided by Sections 1, 2, 3 and 4 of Reorganization Plan No. 1 of

1978 (43 FR 19807) shall be effective on January 1, 1979.

1-102. Executive Order No. 11478, as amended [set out as a note

under section 2000e of this title], is further amended by deleting

the preamble, by substituting "national origin, handicap, or age"

for "or national origin" in the first sentence of Section 1, and

revising Sections 3, 4, and 5 to read as follows:

"Sec. 3. The Equal Employment Opportunity Commission shall be

responsible for directing and furthering the implementation of the

policy of the Government of the United States to provide equal

opportunity in Federal employment for all employees or applicants

for employment (except with regard to aliens employed outside the

limits of the United States) and to prohibit discrimination in

employment because of race, color, religion, sex, national origin,

handicap, or age.

"Sec. 4. The Equal Employment Opportunity Commission, after

consultation with all affected departments and agencies, shall

issue such rules, regulations, orders, and instructions and request

such information from the affected departments and agencies as it

deems necessary and appropriate to carry out this Order.

"Sec. 5. All departments and agencies shall cooperate with and

assist the Equal Employment Opportunity Commission in the

performance of its functions under this Order and shall furnish the

Commission such reports and information as it may request. The head

of each department or agency shall comply with rules, regulations,

orders and instructions issued by the Equal Employment Opportunity

Commission pursuant to Section 4 of this Order."

1-103. Executive Order No. 11022, as amended [set out as a note

under section 3001 of this title], is further amended by revising

Section 1(b) to read as follows:

"(b) The Council shall be composed of the Secretary of Health,

Education, and Welfare [now Health and Human Services], who shall

be Chairman, the Secretary of the Treasury, the Secretary of

Agriculture, the Secretary of Commerce, the Secretary of Labor, the

Secretary of Housing and Urban Development, the Secretary of

Transportation, the Administrator of Veterans Affairs, the Director

of the Office of Personnel Management, the Director of the

Community Services Administration, and the Chairman of the Equal

Employment Opportunity Commission."

1-104. Executive Order No. 11480 of September 9, 1969 [set out as

a note under section 791 of Title 29, Labor], is amended by

deleting "and the Chairman of the United States Civil Service

Commission" in Section 4 and substituting therefor "Director of the

Office of Personnel Management, and the Chairman of the Equal

Employment Opportunity Commission".

1-105. Executive Order No. 11830 of January 9, 1975 [set out as a

note under section 791 of Title 29, Labor], is amended by deleting

Section 2 and revising Section 1 to read as follows:

"In accord with Section 501 of the Rehabilitation Act of 1973 (29

U.S.C. 791) and Section 4 of Reorganization Plan No. 1 of 1978 (43

FR 19808) the Interagency Committee on Handicapped Employees is

enlarged and composed of the following, or their designees whose

positions are Executive level IV or higher:

"(1) Secretary of Defense.

"(2) Secretary of Labor.

"(3) Secretary of Health, Education, and Welfare [now Health and

Human Services], Co-Chairman.

"(4) Director of the Office of Personnel Management.

"(5) Administrator of Veterans Affairs.

"(6) Administrator of General Services.

"(7) Chairman of the Federal Communications Commission.

"(8) Chairman of the Equal Employment Opportunity Commission,

Co-Chairman.

"(9) Such other members as the President may designate."

1-106. This Order shall be effective on January 1, 1979.

Jimmy Carter.

EX. ORD. NO. 12144. TRANSFER OF CERTAIN EQUAL PAY AND AGE

DISCRIMINATION IN EMPLOYMENT ENFORCEMENT FUNCTIONS

Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, provided:

By the authority vested in me as President of the United States

of America by the Constitution and laws of the United States,

including Section 9 of Reorganization Plan No. 1 of 1978 (43 FR

19807) [set out above], in order to effectuate the transfer of

certain functions relating to the enforcement of equal pay and age

discrimination in employment programs from the Department of Labor

to the Equal Employment Opportunity Commission, it is hereby

ordered as follows:

1-101. Sections 1 and 2 of Reorganization Plan No. 1 of 1978 (43

FR 19807) [set out as a note above] shall become effective on July

1, 1979, with the exception of the transfer of functions from the

Civil Service Commission, already effective January 1, 1979

(Executive Order No. 12106 [set out above]).

1-102. The records, property, personnel and positions, and

unexpended balances of appropriations or funds, available or to be

made available, which relate to the functions transferred as

provided in this Order are hereby transferred from the Department

of Labor to the Equal Employment Opportunity Commission.

1-103. The Director of the Office of Management and Budget shall

make such determinations, issue such Orders, and take all actions

necessary or appropriate to effectuate the transfers provided in

this Order, including the transfer of funds, records, property, and

personnel.

1-104. This Order shall be effective July 1, 1979.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12111, 12117 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2000e-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-5. Enforcement provisions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 706, July 2, 1964, 78 Stat. 259;

Pub. L. 92-261, Sec. 4, Mar. 24, 1972, 86 Stat. 104; Pub. L.

102-166, title I, Secs. 107(b), 112, 113(b), Nov. 21, 1991, 105

Stat. 1075, 1078, 1079.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (f)(2), means Pub. L. 88-352,

July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights

Act of 1964, which is classified principally to subchapters II to

IX of this chapter (Sec. 2000a et seq.). For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of this title and Tables.

Rules 65 and 53 of the Federal Rules of Civil Procedure, referred

to in subsec. (f)(2), (5), are set out in the Appendix to Title 28,

Judiciary and Judicial Procedure.

Chapter 6 (Sec. 101 et seq.) of title 29, referred to in subsec.

(h), is a reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, as

amended, popularly known as the Norris-LaGuardia Act. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1991 - Subsec. (e). Pub. L. 102-166, Sec. 112, designated

existing provisions as par. (1) and added par. (2).

Subsec. (g). Pub. L. 102-166, Sec. 107(b), designated existing

provisions as pars. (1) and (2)(A) and added par. (2)(B).

Subsec. (k). Pub. L. 102-166, Sec. 113(b), inserted "(including

expert fees)" after "attorney's fee".

1972 - Subsec. (a). Pub. L. 92-261, Sec. 4(a), added subsec. (a).

Former subsec. (a) redesignated (b) and amended generally.

Subsec. (b). Pub. L. 92-261, Sec. 4(a), redesignated former

subsec. (a) as (b), modified the procedure for the filing and

consideration of charges by the Commission, subjected to coverage

unlawful employment practices of joint labor-management committees

controlling apprenticeship or other training or retraining,

including on-the-job training programs, required the Commission to

accord substantial weight to final findings and orders made by

State or local authorities in proceedings commenced under State or

local law in its determination of reasonable cause, and inserted

provision setting forth the time period, after charges have been

filed, allowed to the Commission to determine reasonable cause.

Former subsec. (b) redesignated (c).

Subsecs. (c), (d). Pub. L. 92-261, Sec. 4(a), redesignated former

subsecs. (b) and (c) as (c) and (d), respectively. Former subsec.

(d) redesignated (e).

Subsec. (e). Pub. L. 92-261, Sec. 4(a), redesignated former

subsec. (d) as (e), extended from ninety to one hundred and eighty

days after the occurrence of the alleged unlawful employment

practice the time for filing charges under this section and from

two hundred and ten to three hundred days the time for filing such

charges where the person aggrieved initially instituted proceedings

with a State or local agency, and inserted requirement that notice

of the charge be served on the respondent within ten days after

filing. Former subsec. (e) redesignated (f)(1).

Subsec. (f). Pub. L. 92-261, Sec. 4(a), redesignated former

subsec. (e) as par. (1), substituted provisions setting forth the

procedure for civil actions where the Commission was unable to

secure from the respondents a conciliation agreement to prevent

further unlawful employment practices for provisions setting forth

the procedure for civil actions where the Commission was unable to

obtain voluntary compliance with this subchapter and inserted

provisions setting forth the procedure for civil action where the

respondent is a government, governmental agency, or political

subdivision and the Commission could not secure a conciliation

agreement, added par. (2), redesignated former subsec. (f) as par.

(3), substituted "aggrieved person" for "plaintiff", and added

pars. (4) and (5).

Subsec. (g). Pub. L. 92-261, Sec. 4(a), inserted provisions which

authorized the court to order affirmative action not limited solely

to the enumerated affirmative acts and such other equitable relief

as deemed appropriate, and provisions which set forth the accrual

date for back pay.

Subsecs. (i), (j). Pub. L. 92-261, Sec. 4(b)(1), (2), substituted

"this section" for "subsection (e) of this section".

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 14 of Pub. L. 92-261 provided that: "The amendments made

by this Act to section 706 of the Civil Rights Act of 1964 [this

section] shall be applicable with respect to charges pending with

the Commission on the date of enactment of this Act [Mar. 24, 1972]

and all charges filed thereafter."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 2000e-4, 2000e-6,

2000e-8, 2000e-16, 2000e-16b, 2000e-16c, 12117 of this title; title

2 sections 1311, 1361; title 3 sections 411, 435; title 5 sections

1204, 7701; title 28 section 3905; title 29 section 794a; title 31

section 755.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(b)".

-End-

-CITE-

42 USC Sec. 2000e-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-6. Civil actions by the Attorney General

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 707, July 2, 1964, 78 Stat. 261;

Pub. L. 92-261, Sec. 5, Mar. 24, 1972, 86 Stat. 107.)

-MISC1-

AMENDMENTS

1972 - Subsecs. (c) to (e). Pub. L. 92-261 added subsecs. (c) to

(e).

-TRANS-

TRANSFER OF FUNCTIONS

Any function of the Equal Employment Opportunity Commission

concerning initiation of litigation with respect to State or local

government, or political subdivisions under this section, and all

necessary functions related thereto, including investigation,

findings, notice and an opportunity to resolve the matter without

contested litigation, were transferred to the Attorney General, to

be exercised by him in accordance with procedures consistent with

this subchapter, and with the Attorney General authorized to

delegate any function under this section to any officer or employee

of the Department of Justice, by Reorg. Plan No. 1 of 1978, Sec. 5,

43 F.R. 19807, 92 Stat. 3781, set out as a note under section

2000e-4 of this title.

-EXEC-

EX. ORD. NO. 12068. TRANSFER OF CERTAIN FUNCTIONS TO ATTORNEY

GENERAL

Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, provided:

By virtue of the authority vested in me as President of the

United States by the Constitution and laws of the United States,

including Section 9 of Reorganization Plan Number 1 of 1978 (43 FR

19807) [set out as a note under section 2000e-4 of this title], in

order to clarify the Attorney General's authority to initiate

public sector litigation under Section 707 of Title VII of the

Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-6), it is

ordered as follows:

-MISC2-

1-1. SECTION 707 FUNCTIONS OF THE ATTORNEY GENERAL

1-101. Section 5 of Reorganization Plan Number 1 of 1978 (43 FR

19807) [set out as a note under section 2000e-4 of this title]

shall become effective on July 1, 1978.

1-102. The functions transferred to the Attorney General by

Section 5 of Reorganization Plan Number 1 of 1978 [set out as a

note under section 2000e-4 of this title] shall, consistent with

Section 707 of Title VII of the Civil Rights Act of 1964, as

amended [this section], be performed in accordance with Department

of Justice procedures heretofore followed under Section 707.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000e-4, 12117 of this

title.

-End-

-CITE-

42 USC Sec. 2000e-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-7. Effect on State laws

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 708, July 2, 1964, 78 Stat. 262.)

-End-

-CITE-

42 USC Sec. 2000e-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-8. Investigations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 709, July 2, 1964, 78 Stat. 262;

Pub. L. 92-261, Sec. 6, Mar. 24, 1972, 86 Stat. 107.)

-MISC1-

AMENDMENTS

1972 - Subsec. (b). Pub. L. 92-261 inserted provisions

authorizing the Commission to engage in and contribute to the cost

of research and other projects undertaken by State and local

agencies and provisions authorizing the Commission to make advance

payments to State and local agencies and their employees for

services rendered to the Commission, and struck out provisions

relating to agreements between the Commission and State and local

agencies prohibiting private civil actions under section 2000e-5 of

this title in specified cases.

Subsec. (c). Pub. L. 92-261 struck out "Except as provided in

subsection (d) of this section," before "every employer, employment

agency, and labor organization subject to this subchapter shall

(1)", required the party seeking an exemption to bring an action in

the district court only after the Commission denied the application

for the exemption, and inserted provision which authorized the

Commission, or the Attorney General in a case involving a

government, etc., to apply for a court order compelling compliance

with the recordkeeping and reporting obligations set out in this

subsection.

Subsec. (d). Pub. L. 92-261 substituted provisions requiring

consultation and coordination between Federal and State agencies in

prescribing recordkeeping and reporting requirements pursuant to

subsec. (c) of this section, and authorizing the Commission to

furnish information obtained pursuant to subsec. (c) of this

section to interested State and local agencies, for provisions

exempting from recordkeeping and reporting requirements employers,

etc., required to keep records and make reports under State or

local fair employment practice laws, except for the maintenance of

notations by such employers, etc., which reflect the differences in

coverage or enforcement between State or local laws and the

provisions of this subchapter, and dispensing with recordkeeping

and reporting requirements where the employer reports under some

Executive Order prescribing fair employment practices for

Government contractors or subcontractors.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000e-9, 12117 of this

title.

-End-

-CITE-

42 USC Sec. 2000e-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-9. Conduct of hearings and investigations pursuant to

section 161 of title 29

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 710, July 2, 1964, 78 Stat. 264;

Pub. L. 92-261, Sec. 7, Mar. 24, 1972, 86 Stat. 109.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-261 substituted provisions making applicable

section 161 of title 29 to all hearings and investigations

conducted by the Commission or its authorized agents or agencies,

for provisions enumerating the investigatory powers of the

Commission and the procedure for their enforcement.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12117 of this title.

-End-

-CITE-

42 USC Sec. 2000e-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-10. Posting of notices; penalties

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 711, July 2, 1964, 78 Stat. 265.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12115 of this title.

-End-

-CITE-

42 USC Sec. 2000e-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-11. Veterans' special rights or preference

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 712, July 2, 1964, 78 Stat. 265.)

-End-

-CITE-

42 USC Sec. 2000e-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-12. Regulations; conformity of regulations with

administrative procedure provisions; reliance on interpretations

and instructions of Commission

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 713, July 2, 1964, 78 Stat. 265.)

-COD-

CODIFICATION

In subsec. (a), "subchapter II of chapter 5 of title 5"

substituted for "the Administrative Procedure Act" on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

-MISC1-

RELIGIOUS LIBERTY

Pub. L. 103-317, title VI, Sec. 610, Aug. 26, 1994, 108 Stat.

1774, provided that:

"(a) Findings. - The Congress finds that -

"(1) the liberties protected by our Constitution include

religious liberty protected by the first amendment;

"(2) citizens of the United States profess the beliefs of

almost every conceivable religion;

"(3) Congress has historically protected religious expression

even from governmental action not intended to be hostile to

religion;

"(4) the Supreme Court has written that 'the free exercise of

religion means, first and foremost, the right to believe and

profess whatever religious doctrine one desires';

"(5) the Supreme Court has firmly settled that under our

Constitution the public expression of ideas may not be prohibited

merely because the content of the ideas is offensive to some;

"(6) Congress enacted the Religious Freedom Restoration Act of

1993 [42 U.S.C. 2000bb et seq.] to restate and make clear again

our intent and position that religious liberty is and should

forever be granted protection from unwarranted and unjustified

government intrusions and burdens;

"(7) the Equal Employment Opportunity Commission has written

proposed guidelines to title VII of the Civil Rights Act of 1964

[42 U.S.C. 2000e et seq.], published in the Federal Register on

October 1, 1993, that expand the definition of religious

harassment beyond established legal standards set forth by the

Supreme Court, and that may result in the infringement of

religious liberty;

"(8) such guidelines do not appropriately resolve issues

related to religious liberty and religious expression in the

workplace;

"(9) properly drawn guidelines for the determination of

religious harassment should provide appropriate guidance to

employers and employees and assist in the continued preservation

of religious liberty as guaranteed by the first amendment;

"(10) the Commission states in its proposed guidelines that it

retains wholly separate guidelines for the determination of

sexual harassment because the Commission believes that sexual

harassment raises issues about human interaction that are to some

extent unique; and

"(11) the subject of religious harassment also raises issues

about human interaction that are to some extent unique in

comparison to other harassment.

"(b) Category of Religious Harassment in Proposed Guidelines. -

For purposes of issuing final regulations under title VII of the

Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.] in connection

with the proposed guidelines published by the Equal Employment

Opportunity Commission on October 1, 1993 (58 Fed. Reg. 51266), the

Chairperson of the Equal Employment Opportunity Commission shall

ensure that -

"(1) the category of religion shall be withdrawn from the

proposed guidelines at this time;

"(2) any new guidelines for the determination of religious

harassment shall be drafted so as to make explicitly clear that

symbols or expressions of religious belief consistent with the

first amendment and the Religious Freedom Restoration Act of 1993

[42 U.S.C. 2000bb et seq.] are not to be restricted and do not

constitute proof of harassment;

"(3) the Commission shall hold public hearings on such new

proposed guidelines; and

"(4) the Commission shall receive additional public comment

before issuing similar new regulations."

-End-

-CITE-

42 USC Sec. 2000e-13 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

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

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 714, July 2, 1964, 78 Stat. 265;

Pub. L. 92-261, Sec. 8(g), Mar. 24, 1972, 86 Stat. 110.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 88-352, July 2,

1964, 78 Stat. 241, as amended, known as the Civil Rights Act of

1964, which is classified principally to subchapters II to IX of

this chapter (Sec. 2000a et seq.). For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-261 inserted provisions which made section 1114

of title 18 applicable to officers, etc., of the Commission and set

forth punishment for violation of such section 1114.

-End-

-CITE-

42 USC Sec. 2000e-14 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-14. Equal Employment Opportunity Coordinating Council;

establishment; composition; duties; report to President and

Congress

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 715, July 2, 1964, 78 Stat. 265;

Pub. L. 92-261, Sec. 10, Mar. 24, 1972, 86 Stat. 111; Pub. L.

94-273, Sec. 3(24), Apr. 21, 1976, 90 Stat. 377; 1978 Reorg. Plan

No. 1, Sec. 6, eff. July 1, 1978, 43 F.R. 19807, 92 Stat. 3781.)

-COD-

CODIFICATION

The first sentence of this section, which read "There shall be

established an Equal Employment Opportunity Coordinating Council

(hereinafter referred to in this section as the Council) composed

of the Secretary of Labor, the Chairman of the Equal Employment

Opportunity Commission, the Attorney General, the Chairman of the

United States Civil Service Commission, and the Chairman of the

United States Civil Rights Commission, or their respective

delegates" was omitted pursuant to Reorg. Plan No. 1 of 1978, Sec.

6, 43 F.R. 19807, 92 Stat. 3781, set out as a note under section

2000e-4 of this title, which abolished the Equal Employment

Opportunity Coordinating Council, effective July 1, 1978, as

provided by section 1-101 of Ex. Ord. No. 12067, June 30, 1978, 43

F.R. 28967, set out as a note under section 2000e of this title.

See Transfer of Functions note below.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-273 substituted "October" for "July".

1972 - Pub. L. 92-261 substituted provisions which established

the Equal Employment Opportunity Coordinating Council and set forth

the composition, powers, and duties of the Council for provisions

which directed the Secretary of Labor to make a report to the

Congress not later than June 30, 1965 concerning discrimination in

employment because of age.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to transmittal of a report and recommendations to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

item 19 on page 165 of House Document No. 103-7.

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" substituted in text for

"Council", meaning Equal Employment Opportunity Coordinating

Council, pursuant to Reorg. Plan. No. 1 of 1978, Sec. 6, 43 F.R.

19807, 92 Stat. 3781, set out as a note under section 2000e-4 of

this title, which abolished Equal Employment Opportunity

Coordinating Council and transferred its functions to Equal

Employment Opportunity Commission, effective July 1, 1978, as

provided by section 1-101 of Ex. Ord. No. 12067, June 30, 1978, 43

F.R. 28967, set out as a note under section 2000e of this title.

-MISC2-

SUBMISSION OF SPECIFIC LEGISLATIVE RECOMMENDATIONS TO CONGRESS BY

JANUARY 1, 1967, TO IMPLEMENT REPORT ON AGE DISCRIMINATION

Pub. L. 89-601, title VI, Sec. 606, Sept. 23, 1966, 80 Stat. 845,

directed the Secretary of Labor to submit to the Congress not later

than Jan. 1, 1967 his specific legislative recommendations for

implementing the conclusions and recommendations contained in his

report on age discrimination in employment made pursuant to

provisions of this section prior to its amendment in 1972.

-End-

-CITE-

42 USC Sec. 2000e-15 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-15. Presidential conferences; acquaintance of leadership

with provisions for employment rights and obligations; plans for

fair administration; membership

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 716(c), July 2, 1964, 78 Stat.

266.)

-EXEC-

EXECUTIVE ORDER NO. 11197

Ex. Ord. No. 11197, eff. Feb. 5, 1965, 30 F.R. 1721, which

established the President's Council on Equal Opportunity, was

revoked by Ex. Ord. No. 11247, eff. Sept. 24, 1965, 30 F.R. 12327,

formerly set out as a note under section 2000d-1 of this title.

-End-

-CITE-

42 USC Sec. 2000e-16 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-16. Employment by Federal Government

-STATUTE-

(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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 717, as added Pub. L. 92-261, Sec.

11, Mar. 24, 1972, 86 Stat. 111; amended 1978 Reorg. Plan No. 1,

Sec. 3, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L.

96-191, Sec. 8(g), Feb. 15, 1980, 94 Stat. 34; Pub. L. 102-166,

title I, Sec. 114, Nov. 21, 1991, 105 Stat. 1079; Pub. L. 104-1,

title II, Sec. 201(c)(1), Jan. 23, 1995, 109 Stat. 8; Pub. L.

105-220, title III, Sec. 341(a), Aug. 7, 1998, 112 Stat. 1092.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e), means Pub. L. 88-352, July

2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of

1964, which is classified principally to subchapters II to IX of

this chapter (Sec. 2000a et seq.). For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

Executive Order 11478, as amended, referred to in subsecs. (c)

and (e), is set out as a note under section 2000e of this title.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220 inserted "in the Smithsonian

Institution," before "and in the Government Printing Office,".

1995 - Subsec. (a). Pub. L. 104-1 substituted "units of the

judicial branch" for "units of the legislative and judicial

branches" and inserted "Government Printing Office, the General

Accounting Office, and the" before "Library of Congress".

1991 - Subsec. (c). Pub. L. 102-166, Sec. 114(1), substituted "90

days" for "thirty days".

Subsec. (d). Pub. L. 102-166, Sec. 114(2), inserted before the

period ", and the same interest to compensate for delay in payment

shall be available as in cases involving nonpublic parties."

1980 - Subsec. (a). Pub. L. 96-191 struck out "(other than the

General Accounting Office)" after "in executive agencies".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective Aug. 7, 1998, and

applicable to and may be raised in any administrative or judicial

claim or action brought before Aug. 7, 1998, but pending on such

date, and any administrative or judicial claim or action brought

after such date regardless of whether the claim or action arose

prior to such date, if the claim or action was brought within the

applicable statute of limitations, see section 341(d) of Pub. L.

105-220, set out as a note under section 633a of Title 29, Labor.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-1 effective 1 year after Jan. 23, 1995,

see section 1311(d) of Title 2, The Congress.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section

10(a) of Pub. L. 96-191.

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" substituted for "Civil

Service Commission" in subsecs. (b) and (c) pursuant to Reorg. Plan

No. 1 of 1978, Sec. 3, 43 F.R. 19807, 92 Stat. 3781, set out as a

note under section 2000e-4 of this title, which transferred all

equal opportunity in Federal employment enforcement and related

functions vested in Civil Service Commission by subsecs. (b) and

(c) of this section to Equal Employment Opportunity Commission,

with certain authority delegable to Director of Office of Personnel

Management, effective Jan. 1, 1979, as provided by section 1-101 of

Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053, set out as a note

under section 2000e-4 of this title.

-EXEC-

EX. ORD. NO. 13145. TO PROHIBIT DISCRIMINATION IN FEDERAL

EMPLOYMENT BASED ON GENETIC INFORMATION

Ex. Ord. No. 13145, Feb. 8, 2000, 65 F.R. 6877, provided:

By the authority vested in me as President of the United States

by the Constitution and the laws of the United States of America,

it is ordered as follows:

Section 1. Nondiscrimination in Federal Employment on the Basis

of Protected Genetic Information.

1-101. It is the policy of the Government of the United States to

provide equal employment opportunity in Federal employment for all

qualified persons and to prohibit discrimination against employees

based on protected genetic information, or information about a

request for or the receipt of genetic services. This policy of

equal opportunity applies to every aspect of Federal employment.

1-102. The head of each Executive department and agency shall

extend the policy set forth in section 1101 to all its employees

covered by section 717 of Title VII of the Civil Rights Act of

1964, as amended (42 U.S.C. 2000e-16).

1-103. Executive departments and agencies shall carry out the

provisions of this order to the extent permitted by law and

consistent with their statutory and regulatory authorities, and

their enforcement mechanisms. The Equal Employment Opportunity

Commission shall be responsible for coordinating the policy of the

Government of the United States to prohibit discrimination against

employees in Federal employment based on protected genetic

information, or information about a request for or the receipt of

genetic services.

Sec. 2. Requirements Applicable to Employing Departments and

Agencies.

1-201. Definitions.

(a) The term "employee" shall include an employee, applicant

for employment, or former employee covered by section 717 of the

Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16).

(b) Genetic monitoring means the periodic examination of

employees to evaluate acquired modifications to their genetic

material, such as chromosomal damage or evidence of increased

occurrence of mutations, that may have developed in the course of

employment due to exposure to toxic substances in the workplace,

in order to identify, evaluate, respond to the effects of, or

control adverse environmental exposures in the workplace.

(c) Genetic services means health services, including genetic

tests, provided to obtain, assess, or interpret genetic

information for diagnostic or therapeutic purposes, or for

genetic education or counseling.

(d) Genetic test means the analysis of human DNA, RNA,

chromosomes, proteins, or certain metabolites in order to detect

disease-related genotypes or mutations. Tests for metabolites

fall within the definition of "genetic tests" when an excess or

deficiency of the metabolites indicates the presence of a

mutation or mutations. The conducting of metabolic tests by a

department or agency that are not intended to reveal the presence

of a mutation shall not be considered a violation of this order,

regardless of the results of the tests. Test results revealing a

mutation shall, however, be subject to the provisions of this

order.

(e) Protected genetic information.

(1) In general, protected genetic information means:

(A) information about an individual's genetic tests;

(B) information about the genetic tests of an individual's

family members; or

(C) information about the occurrence of a disease, or

medical condition or disorder in family members of the

individual.

(2) Information about an individual's current health status

(including information about sex, age, physical exams, and

chemical, blood, or urine analyses) is not protected genetic

information unless it is described in subparagraph (1).

1-202. In discharging their responsibilities under this order,

departments and agencies shall implement the following

nondiscrimination requirements.

(a) The employing department or agency shall not discharge,

fail or refuse to hire, or otherwise discriminate against any

employee with respect to the compensation, terms, conditions, or

privileges of employment of that employee, because of protected

genetic information with respect to the employee, or because of

information about a request for or the receipt of genetic

services by such employee.

(b) The employing department or agency shall not limit,

segregate, or classify employees in any way that would deprive or

tend to deprive any employee of employment opportunities or

otherwise adversely affect that employee's status, because of

protected genetic information with respect to the employee or

because of information about a request for or the receipt of

genetic services by such employee.

(c) The employing department or agency shall not request,

require, collect, or purchase protected genetic information with

respect to an employee, or information about a request for or the

receipt of genetic services by such employee.

(d) The employing department or agency shall not disclose

protected genetic information with respect to an employee, or

information about a request for or the receipt of genetic

services by an employee except:

(1) to the employee who is the subject of the information, at

his or her request;

(2) to an occupational or other health researcher, if the

research conducted complies with the regulations and

protections provided for under part 46 of title 45, of the Code

of Federal Regulations;

(3) if required by a Federal statute, congressional subpoena,

or an order issued by a court of competent jurisdiction, except

that if the subpoena or court order was secured without the

knowledge of the individual to whom the information refers, the

employer shall provide the individual with adequate notice to

challenge the subpoena or court order, unless the subpoena or

court order also imposes confidentiality requirements; or

(4) to executive branch officials investigating compliance

with this order, if the information is relevant to the

investigation.

(e) The employing department or agency shall not maintain

protected genetic information or information about a request for

or the receipt of genetic services in general personnel files;

such information shall be treated as confidential medical records

and kept separate from personnel files.

Sec. 3. Exceptions.

1-301. The following exceptions shall apply to the

nondiscrimination requirements set forth in section 1202.

(a) The employing department or agency may request or require

information defined in section 1-201(e)(1)(C) with respect to an

applicant who has been given a conditional offer of employment or

to an employee if:

(1) the request or requirement is consistent with the

Rehabilitation Act [of 1973, 29 U.S.C. 701 et seq.] and other

applicable law;

(2) the information obtained is to be used exclusively to

assess whether further medical evaluation is needed to diagnose

a current disease, or medical condition or disorder, or under

the terms of section 1-301(b) of this order;

(3) such current disease, or medical condition or disorder

could prevent the applicant or employee from performing the

essential functions of the position held or desired; and

(4) the information defined in section 1-201(e)(1)(C) of this

order will not be disclosed to persons other than medical

personnel involved in or responsible for assessing whether

further medical evaluation is needed to diagnose a current

disease, or medical condition or disorder, or under the terms

of section 1-301(b) of this order.

(b) The employing department or agency may request, collect, or

purchase protected genetic information with respect to an

employee, or any information about a request for or receipt of

genetic services by such employee if:

(1) the employee uses genetic or health care services

provided by the employer (other than use pursuant to section

1-301(a) of this order);

(2) the employee who uses the genetic or health care services

has provided prior knowing, voluntary, and written

authorization to the employer to collect protected genetic

information;

(3) the person who performs the genetic or health care

services does not disclose protected genetic information to

anyone except to the employee who uses the services for

treatment of the individual; pursuant to section 1-202(d) of

this order; for program evaluation or assessment; for compiling

and analyzing information in anticipation of or for use in a

civil or criminal legal proceeding; or, for payment or

accounting purposes, to verify that the service was performed

(but in such cases the genetic information itself cannot be

disclosed);

(4) such information is not used in violation of sections

1-202(a) or 1-202(b) of this order.

(c) The employing department or agency may collect protected

genetic information with respect to an employee if the

requirements of part 46 of title 45 of the Code of Federal

Regulations are met.

(d) Genetic monitoring of biological effects of toxic

substances in the workplace shall be permitted if all of the

following conditions are met:

(1) the employee has provided prior, knowing, voluntary, and

written authorization;

(2) the employee is notified when the results of the

monitoring are available and, at that time, the employer makes

any protected genetic information that may have been acquired

during the monitoring available to the employee and informs the

employee how to obtain such information;

(3) the monitoring conforms to any genetic monitoring

regulations that may be promulgated by the Secretary of Labor;

and

(4) the employer, excluding any licensed health care

professionals that are involved in the genetic monitoring

program, receives results of the monitoring only in aggregate

terms that do not disclose the identity of specific employees.

(e) This order does not limit the statutory authority of a

Federal department or agency to:

(1) promulgate or enforce workplace safety and health laws

and regulations;

(2) conduct or sponsor occupational or other health research

that is conducted in compliance with regulations at part 46 of

title 45, of the Code of Federal Regulations; or

(3) collect protected genetic information as a part of a

lawful program, the primary purpose of which is to carry out

identification purposes.

Sec. 4. Miscellaneous.

1-401. The head of each department and agency shall take

appropriate action to disseminate this policy and, to this end,

shall designate a high level official responsible for carrying out

its responsibilities under this order.

1-402. Nothing in this order shall be construed to:

(a) limit the rights or protections of an individual under the

Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), the Privacy

Act of 1974 (5 U.S.C. 552a), or other applicable law; or

(b) require specific benefits for an employee or dependent

under the Federal Employees Health Benefits Program or similar

program.

1-403. This order clarifies and makes uniform Administration

policy and does not create any right or benefit, substantive or

procedural, enforceable at law by a party against the United

States, its officers or employees, or any other person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1981a, 2000e, 2000e-16b,

12209 of this title; title 2 sections 60l, 1361; title 3 sections

411, 435; title 5 sections 2302, 7201, 7702, 7703; title 22

sections 3905, 4131; title 28 section 3905; title 29 section 794a.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 2000e-16a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-16a. Short title; purpose; definition

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-166, title III, Sec. 301, Nov. 21, 1991, 105 Stat.

1088; Pub. L. 103-283, title III, Sec. 312(f)(1), July 22, 1994,

108 Stat. 1446; Pub. L. 104-1, title V, Sec. 504(a)(1), Jan. 23,

1995, 109 Stat. 40.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2000e-16a to 2000e-16c of this title, referred to in

text, was in the original "this title", meaning title III of Pub.

L. 102-166, which is classified generally to sections 2000e-16a to

2000e-16c of this title. For complete classification of title III

to the Code, see Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1201 of Title 2, The

Congress.

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-1 amended section generally, substituting

"rights of certain government employees" for "right of Senate and

other government employees" in subsec. (b) and striking out

definitions of "Senate employee" and "head of employing office" in

subsec. (c).

1994 - Subsec. (c)(1)(B) to (D). Pub. L. 103-283, which directed

the amendment of subsec. (c) by striking out subpar. (B),

redesignating subpars. (C) and (D) as (B) and (C), respectively,

and striking out "or (B)" after "described in subparagraph (A)" in

subpars. (B) and (C), was executed by making the amendment to

subsec. (c)(1) to reflect the probable intent of Congress. Prior to

amendment, subpar. (B) read as follows: "any employee of the

Architect of the Capitol who is assigned to the Senate Restaurants

or to the Superintendent of the Senate Office Buildings;".

EFFECTIVE DATE

Section effective Nov. 21, 1991, except as otherwise provided,

see section 402 of Pub. L. 102-166, set out as an Effective Date of

1991 Amendment note under section 1981 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 60l, 1435.

-End-

-CITE-

42 USC Sec. 2000e-16b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-16b. Discriminatory practices prohibited

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-166, title III, Sec. 302, Nov. 21, 1991, 105 Stat.

1088; Pub. L. 104-1, title V, Sec. 504(a)(1), Jan. 23, 1995, 109

Stat. 40.)

-REFTEXT-

REFERENCES IN TEXT

Section 1219 of title 2, referred to in text, was repealed by

Pub. L. 104-331, Sec. 5(a), Oct. 26, 1996, 110 Stat. 4072.

-COD-

CODIFICATION

Section was formerly classified to section 1202 of Title 2, The

Congress.

-MISC1-

AMENDMENTS

1994 - Pub. L. 104-1 amended section generally. Prior to

amendment, text read as follows: "All personnel actions affecting

employees of the Senate 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) handicap or disability, within the meaning of section 791

of title 29 and sections 12112 to 12114 of this title."

EFFECTIVE DATE

Section effective Nov. 21, 1991, except as otherwise provided,

see section 402 of Pub. L. 102-166, set out as an Effective Date of

1991 Amendment note under section 1981 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000e-16a, 2000e-16c of

this title; title 2 section 1435.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 2000e-16c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

Sec. 2000e-16c. Coverage of previously exempt State employees

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-166, title III, Sec. 304, formerly Sec. 321, Nov. 21,

1991, 105 Stat. 1097; renumbered Sec. 304 and amended Pub. L.

104-1, title V, Sec. 504(a)(3), (4), Jan. 23, 1995, 109 Stat. 41.)

-COD-

CODIFICATION

Section was formerly classified to section 1220 of Title 2, The

Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 304 of Pub. L. 102-166 was classified to section

1204 of Title 2, The Congress, prior to repeal by Pub. L. 104-1.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-1, Sec. 504(a)(4), struck out

"and 1207(h) of title 2" before "shall apply" in introductory

provisions.

EFFECTIVE DATE

Section effective Nov. 21, 1991, except as otherwise provided,

see section 402 of Pub. L. 102-166, set out as an Effective Date of

1991 Amendment note under section 1981 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2000e-16a, 2000e-16b of

this title; title 2 section 1435.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 2000e-17 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

-HEAD-

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

-STATUTE-

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.

-SOURCE-

(Pub. L. 88-352, title VII, Sec. 718, as added Pub. L. 92-261, Sec.

13, Mar. 24, 1972, 86 Stat. 113.)

-End-

-CITE-

42 USC SUBCHAPTER VII - REGISTRATION AND VOTING

STATISTICS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

-HEAD-

SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2000h of this title.

-End-

-CITE-

42 USC Sec. 2000f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VII - REGISTRATION AND VOTING STATISTICS

-HEAD-

Sec. 2000f. Survey for compilation of registration and voting

statistics; geographical areas; scope; application of census

provisions; voluntary disclosure; advising of right not to

furnish information

-STATUTE-

The Secretary of Commerce shall promptly conduct a survey to

compile registration and voting statistics in such geographic areas

as may be recommended by the Commission on Civil Rights. Such a

survey and compilation shall, to the extent recommended by the

Commission on Civil Rights, only include a count of persons of

voting age by race, color, and national origin, and determination

of the extent to which such persons are registered to vote, and

have voted in any statewide primary or general election in which

the Members of the United States House of Representatives are

nominated or elected, since January 1, 1960. Such information shall

also be collected and compiled in connection with the Nineteenth

Decennial Census, and at such other times as the Congress may

prescribe. The provisions of section 9 and chapter 7 of title 13

shall apply to any survey, collection, or compilation of

registration and voting statistics carried out under this

subchapter: Provided, however, That no person shall be compelled to

disclose his race, color, national origin, or questioned about his

political party affiliation, how he voted, or the reasons

therefore, nor shall any penalty be imposed for his failure or

refusal to make such disclosure. Every person interrogated orally,

by written survey or questionnaire or by any other means with

respect to such information shall be fully advised with respect to

his right to fail or refuse to furnish such information.

-SOURCE-

(Pub. L. 88-352, title VIII, Sec. 801, July 2, 1964, 78 Stat. 266.)

-End-

-CITE-

42 USC SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-End-

-CITE-

42 USC Sec. 2000g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-

Sec. 2000g. Establishment of Service; Director of Service:

appointment, term; personnel

-STATUTE-

There is hereby established in and as a part of the Department of

Commerce a Community Relations Service (hereinafter referred to as

the "Service"), which shall be headed by a Director who shall be

appointed by the President with the advice and consent of the

Senate for a term of four years. The Director is authorized to

appoint, subject to the civil service laws and regulations, such

other personnel as may be necessary to enable the Service to carry

out its functions and duties, and to fix their compensation in

accordance with chapter 51 and subchapter III of chapter 53 of

title 5.

-SOURCE-

(Pub. L. 88-352, title X, Sec. 1001(a), July 2, 1964, 78 Stat. 267;

Pub. L. 95-624, Sec. 5, Nov. 9, 1978, 92 Stat. 3462.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

References to "chapter 51 and subchapter III of chapter 53 of

title 5" and "section 3109 of title 5" substituted in text for "the

Classification Act of 1949, as amended" and "section 15 of the Act

of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55a)", respectively, on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-624 struck out provision authorizing the

Director to procure the services of experts and consultants at

rates for individuals not in excess of $75 per diem.

REORGANIZATION PLAN NO. 1 OF 1966

EFF. APR. 22, 1966, 31 F.R. 6187, 80 STAT. 1607

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, February 10,

1966, pursuant to the provisions of the Reorganization Act of

1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

COMMUNITY RELATIONS SERVICE

SECTION 1. TRANSFER OF SERVICE

Subject to the provisions of this reorganization plan, the

Community Relations Service now existing in the Department of

Commerce under the Civil Rights Act of 1964 (Pub. L. No. 88-352,

July 2, 1964) [see Short Title note under 42 U.S.C. 2000a],

including the office of Director there of, is hereby transferred to

the Department of Justice.

SEC. 2. TRANSFER OF FUNCTIONS

All functions of the Community Relations Service, and all

functions of the Director of the Community Relations Service,

together with all functions of the Secretary of Commerce and the

Department of Commerce with respect thereto, are hereby transferred

to the Attorney General.

SEC. 3. INCIDENTAL TRANSFERS

(a) Section 1 hereof shall be deemed to transfer to the

Department of Justice the personnel, property, and records of the

Community Relations Service and the unexpended balances of

appropriations, allocations, and other funds available or to be

made available to the Service.

(b) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the transfers referred to in subsection (a) of this

section shall be carried out in such manner as he shall direct and

by such agencies as he shall designate.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 1 of 1966, prepared

in accordance with the Reorganization Act of 1949, as amended, and

providing for reorganization of community relations functions in

the area of civil rights.

After a careful review of the activities of the Federal agencies

involved in the field of civil rights, it became clear that the

elimination of duplication and undesirable overlap required the

consolidation of certain functions.

As a first step, I issued Executive Orders 11246 and 11247 on

September 24, 1965.

Executive Order 11246 simplified and clarified executive branch

assignments of responsibility for enforcing civil rights policies

and placed responsibility for the Government-wide coordination of

the enforcement activities of executive agencies in the Secretary

of Labor with respect to employment by Federal contractors and in

the Civil Service Commission with respect to employment by Federal

agencies.

Executive Order 11247 directed the Attorney General to assist

Federal agencies in coordinating their enforcement activities with

respect to title VI of the Civil Rights Act of 1964, which

prohibits discrimination in federally assisted programs.

As a further step for strengthening the operation and

coordination of our civil rights programs, I now recommend transfer

of the functions of the Community Relations Service, established in

the Department of Commerce under title X of the Civil Rights Act of

1964, to the Attorney General and transfer of the Service,

including the Office of Director, to the Department of Justice.

The Community Relations Service was located in the Department of

Commerce by the Congress on the assumption that a primary need

would be the conciliation of disputes arising out of the public

accommodations title of the act. That decision was appropriate on

the basis of information available at that time. The need for

conciliation in this area has not been as great as anticipated

because of the voluntary progress that has been made by businessmen

and business organizations.

To be effective, assistance to communities in the identification

and conciliation of disputes should be closely and tightly

coordinated. Thus, in any particular situation that arises within a

community, representatives of Federal agencies whose programs are

involved should coordinate their efforts through a single agency.

In recent years, the Civil Rights Division of the Justice

Department has played such a coordinating role in many situations,

and has done so with great effectiveness.

Placing the Community Relations Service within the Justice

Department will enhance the ability of the Justice Department to

mediate and conciliate and will insure that the Federal Government

speaks with a unified voice in those tense situations where the

good offices of the Federal Government are called upon to assist.

In this, as in other areas of Federal operations, we will move

more surely and rapidly toward our objectives if we improve Federal

organization and the arrangements for interagency coordination. The

accompanying reorganization plan has that purpose.

The present distribution of Federal civil rights responsibilities

clearly indicates that the activities of the Community Relations

Service will fit most appropriately in the Department of Justice.

The Department of Justice has primary program responsibilities in

civil rights matters and deep and broad experience in the

conciliation of civil rights disputes. Congress has assigned it a

major role in the implementation of the Civil Rights Act of 1957,

1960, and 1964, and the Voting Rights Act of 1965. The Department

of Justice performs related functions under other acts of Congress.

Most of these responsibilities require not only litigation, but

also efforts at persuasion, negotiation, and explanation,

especially with local governments and law enforcement authorities.

In addition, under the Law Enforcement Assistance Act the

Department will be supporting local programs in the area of

police-community relations.

The test of the effectiveness of an enforcement agency is not how

many legal actions are initiated and won, but whether there is

compliance with the law. Thus, every such agency necessarily

engages in extensive efforts to obtain compliance with the law and

the avoidance of disputes. In fact, title VI of the Civil Rights

Act of 1964 requires each agency concerned to attempt to obtain

compliance by voluntary means before taking further action.

Among the heads of Cabinet departments the President looks

principally to the Attorney General for advice and judgment on

civil rights issues. The latter is expected to be familiar with

civil rights problems in all parts of the Nation and to make

recommendations for executive and legislative action.

The Attorney General already has responsibility with respect to a

major portion of Federal conciliation efforts in the civil rights

field. Under Executive Order 11247, he coordinates the

Government-wide enforcement of title VI of the Civil Rights Act of

1964, which relies heavily on the achievement of compliance through

persuasion and negotiation.

In the light of these facts, the accompanying reorganization plan

would transfer the functions of the Community Relations Service and

of its Director to the Attorney General. In so providing, the plan,

of course, follows the established pattern of Federal organization

by vesting all the transferred powers in the head of the

department. The Attorney General will provide for the organization

of the Community Relations Service as a separate unit within the

Department of Justice.

The functions transferred by the reorganization plan would be

carried out with full regard for the provisions of section 1003 of

title X of the Civil Rights Act of 1964 relating to (1) cooperation

with appropriate State or local, public, or private agencies; (2)

the confidentiality of information acquired with the understanding

that it would be so held; and (3) the limitation on the performance

of investigative or prosecutive functions by personnel of the

Service.

This transfer will benefit both the Department of Justice and the

Community Relations Service in the fulfillment of their existing

functions.

The Attorney General will benefit in his role as the President's

adviser by obtaining an opportunity to anticipate and meet problems

before the need for legal action arises.

The Community Relations Service, brought into closer relationship

with the Attorney General and the Civil Rights Division of the

Department of Justice, will gain by becoming a primary resource in

a coordinated effort in civil rights under the leadership of the

Attorney General. The Community Relations Service will have direct

access to the extensive information, experience, staff, and

facilities within the Department and in other Federal agencies.

Finally, the responsibility for coordinating major Government

activities under the Civil Rights Act aimed at voluntary and

peaceful resolution of discriminatory practices will be centered in

one department. Thus, the reorganization will permit the most

efficient and effective utilization of resources in this field.

Together the Service and the Department will have a larger capacity

for accomplishment than they do apart.

Although the reorganizations provided for in the reorganization

plan will not of themselves result in immediate savings, the

improvement achieved in administration will permit a fuller and

more effective utilization of manpower and will in the future allow

the performance of the affected functions at lower costs than would

otherwise be possible.

After investigation I have found and hereby declare that each

organization included in Reorganization Plan No. 1 of 1966 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended.

I recommend that the Congress allow the reorganization plan to

become effective.

Lyndon B. Johnson.

The White House, February 10, 1966.

-End-

-CITE-

42 USC Sec. 2000g-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-

Sec. 2000g-1. Functions of Service

-STATUTE-

It shall be the function of the Service to provide assistance to

communities and persons therein in resolving disputes,

disagreements, or difficulties relating to discriminatory practices

based on race, color, or national origin which impair the rights of

persons in such communities under the Constitution or laws of the

United States or which affect or may affect interstate commerce.

The Service may offer its services in cases of such disputes,

disagreements, or difficulties whenever, in its judgment, peaceful

relations among the citizens of the community involved are

threatened thereby, and it may offer its services either upon its

own motion or upon the request of an appropriate State or local

official or other interested person.

-SOURCE-

(Pub. L. 88-352, title X, Sec. 1002, July 2, 1964, 78 Stat. 267.)

-End-

-CITE-

42 USC Sec. 2000g-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-

Sec. 2000g-2. Cooperation with other agencies; conciliation

assistance in confidence and without publicity; information as

confidential; restriction on performance of investigative or

prosecuting functions; violations and penalties

-STATUTE-

(a) The Service shall, whenever possible, in performing its

functions, seek and utilize the cooperation of appropriate State or

local, public, or private agencies.

(b) The activities of all officers and employees of the Service

in providing conciliation assistance shall be conducted in

confidence and without publicity, and the Service shall hold

confidential any information acquired in the regular performance of

its duties upon the understanding that it would be so held. No

officer or employee of the Service shall engage in the performance

of investigative or prosecuting functions of any department or

agency in any litigation arising out of a dispute in which he acted

on behalf of the Service. Any officer or other employee of the

Service, who shall make public in any manner whatever any

information in violation of this subsection, shall be deemed guilty

of a misdemeanor and, upon conviction thereof, shall be fined not

more than $1,000 or imprisoned not more than one year.

-SOURCE-

(Pub. L. 88-352, title X, Sec. 1003, July 2, 1964, 78 Stat. 267.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000g-3 of this title.

-End-

-CITE-

42 USC Sec. 2000g-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE

-HEAD-

Sec. 2000g-3. Reports to Congress

-STATUTE-

Subject to the provisions of sections 2000a-4 and 2000g-2(b) of

this title, the Director shall, on or before January 31 of each

year, submit to the Congress a report of the activities of the

Service during the preceding fiscal year.

-SOURCE-

(Pub. L. 88-352, title X, Sec. 1004, July 2, 1964, 78 Stat. 267.)

-End-

-CITE-

42 USC SUBCHAPTER IX - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 2000h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h. Criminal contempt proceedings: trial by jury, criminal

practice, penalties, exceptions, intent; civil contempt

proceedings

-STATUTE-

In any proceeding for criminal contempt arising under title II,

III, IV, V, VI, or VII of this Act, the accused, upon demand

therefor, shall be entitled to a trial by jury, which shall conform

as near as may be to the practice in criminal cases. Upon

conviction, the accused shall not be fined more than $1,000 or

imprisoned for more than six months.

This section shall not apply to contempts committed in the

presence of the court, or so near thereto as to obstruct the

administration of justice, nor to the misbehavior, misconduct, or

disobedience of any officer of the court in respect to writs,

orders, or process of the court. No person shall be convicted of

criminal contempt hereunder unless the act or omission constituting

such contempt shall have been intentional, as required in other

cases of criminal contempt.

Nor shall anything herein be construed to deprive courts of their

power, by civil contempt proceedings, without a jury, to secure

compliance with or to prevent obstruction of, as distinguished from

punishment for violations of, any lawful writ, process, order,

rule, decree, or command of the court in accordance with the

prevailing usages of law and equity, including the power of

detention.

-SOURCE-

(Pub. L. 88-352, title XI, Sec. 1101, July 2, 1964, 78 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

Title II, III, IV, V, VI, or VII of this Act, referred to in

text, mean title II, III, IV, V, VI, or VII of Pub. L. 88-352, July

2, 1964, 78 Stat. 243, as amended. Titles II, III, and IV are

classified generally to subchapters II (Sec. 2000a et seq.), III

(Sec. 2000b et seq.), and IV (Sec. 2000c et seq.) of this chapter.

Title V amended sections 1975a to 1975d of this title. Title VI

enacted sections 2000d to 2000d-4 of this title. Title VII enacted

sections 2000e to 2000e-15 of this title, amended sections 2204 and

2205 of former Title 5, Executive Departments and Government

Officers and Employees, and enacted provisions set out as a note

under section 2000e of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2000a of this title and Tables.

-End-

-CITE-

42 USC Sec. 2000h-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h-1. Double jeopardy; specific crimes and criminal

contempts

-STATUTE-

No person should be put twice in jeopardy under the laws of the

United States for the same act or omission. For this reason, an

acquittal or conviction in a prosecution for a specific crime under

the laws of the United States shall bar a proceeding for criminal

contempt, which is based upon the same act or omission and which

arises under the provisions of this Act; and an acquittal or

conviction in a proceeding for criminal contempt, which arises

under the provisions of this Act, shall bar a prosecution for a

specific crime under the laws of the United States based upon the

same act or omission.

-SOURCE-

(Pub. L. 88-352, title XI, Sec. 1102, July 2, 1964, 78 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,

78 Stat. 241, as amended, known as the Civil Rights Act of 1964,

which is classified principally to subchapters II to IX of this

chapter (Sec. 2000a et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 2000a

of this title and Tables.

-End-

-CITE-

42 USC Sec. 2000h-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h-2. Intervention by Attorney General; denial of equal

protection on account of race, color, religion, sex or national

origin

-STATUTE-

Whenever an action has been commenced in any court of the United

States seeking relief from the denial of equal protection of the

laws under the fourteenth amendment to the Constitution on account

of race, color, religion, sex or national origin, the Attorney

General for or in the name of the United States may intervene in

such action upon timely application if the Attorney General

certifies that the case is of general public importance. In such

action the United States shall be entitled to the same relief as if

it had instituted the action.

-SOURCE-

(Pub. L. 88-352, title IX, Sec. 902, July 2, 1964, 78 Stat. 266;

Pub. L. 92-318, title IX, Sec. 906(a), June 23, 1972, 86 Stat.

375.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-318 inserted "sex" after "religion,".

-End-

-CITE-

42 USC Sec. 2000h-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h-3. Construction of provisions not to affect authority of

Attorney General, etc., to institute or intervene in actions or

proceedings

-STATUTE-

Nothing in this Act shall be construed to deny, impair, or

otherwise affect any right or authority of the Attorney General or

of the United States or any agency or officer thereof under

existing law to institute or intervene in any action or proceeding.

-SOURCE-

(Pub. L. 88-352, title XI, Sec. 1103, July 2, 1964, 78 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,

78 Stat. 241, as amended, known as the Civil Rights Act of 1964,

which is classified principally to subchapters II to IX of this

chapter (Sec. 2000a et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 2000a

of this title and Tables.

-End-

-CITE-

42 USC Sec. 2000h-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h-4. Construction of provisions not to exclude operation

of State laws and not to invalidate consistent State laws

-STATUTE-

Nothing contained in any title of this Act shall be construed as

indicating an intent on the part of Congress to occupy the field in

which any such title operates to the exclusion of State laws on the

same subject matter, nor shall any provision of this Act be

construed as invalidating any provision of State law unless such

provision is inconsistent with any of the purposes of this Act, or

any provision thereof.

-SOURCE-

(Pub. L. 88-352, title XI, Sec. 1104, July 2, 1964, 78 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,

78 Stat. 241, as amended, known as the Civil Rights Act of 1964,

which is classified principally to subchapters II to IX of this

chapter (Sec. 2000a et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 2000a

of this title and Tables.

-End-

-CITE-

42 USC Sec. 2000h-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h-5. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as are

necessary to carry out the provisions of this Act.

-SOURCE-

(Pub. L. 88-352, title XI, Sec. 1105, July 2, 1964, 78 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 88-352, July 2, 1964,

78 Stat. 241, as amended, known as the Civil Rights Act of 1964,

which is classified principally to subchapters II to IX of this

chapter (Sec. 2000a et seq.). For complete classification of this

Act to the Code, see Short Title note set out under section 2000a

of this title and Tables.

-End-

-CITE-

42 USC Sec. 2000h-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS

SUBCHAPTER IX - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2000h-6. Separability

-STATUTE-

If any provision of this Act or the application thereof to any

person or circumstances is held invalid, the remainder of the Act

and the application of the provision to other persons not similarly

situated or to other circumstances shall not be affected thereby.

-SOURCE-

(Pub. L. 88-352, title XI, Sec. 1106, July 2, 1964, 78 Stat. 268.)

-REFTEXT-

REFERENCES IN TEXT

This Act and the Act, referred to in text, is Pub. L. 88-352,

July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights

Act of 1964, which is classified principally to subchapters II to

IX of this chapter (Sec. 2000a et seq.). For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of this title and Tables.

-End-