Legislación
US (United States) Code. Title 42. Chapter 21: Civil rights
-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.)
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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
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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-
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42 USC Sec. 2000e-4 01/06/03
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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