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PageThe U.S. Equal Employment Opportunity Commission
EDITOR'S NOTE: The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends several sections of Title VII. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.
An Act
To enforce the constitutional right to vote, to confer jurisdiction upon
the district courts of the United States to provide injunctive relief
against discrimination in public accommodations, to authorize the attorney
General to institute suits to protect constitutional rights in public
facilities and public education, to extend the Commission on Civil Rights,
to prevent discrimination in federally assisted programs, to establish a
Commission on Equal Employment Opportunity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as the
"Civil Rights Act of 1964".
* * *
DEFINITIONS
SEC. 2000e. [Section 701]
For the purposes of this subchapter-
(a) The term ``person'' includes one or more individuals, governments,
governmental agencies, political subdivisions, labor unions, partnerships,
associations, corporations, legal representatives, mutual companies,
jointstock companies, trusts, unincorporated organizations,
trustees, trustees in cases under title 11 [bankruptcy], or
receivers.
(b) The term ``employer'' means a person engaged in an industry affecting
commerce who has fifteen or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year,
and any agent of such a person, but such term does not include (1) the
United States, a corporation wholly owned by the Government of the United
States, an Indian tribe, or any department or agency of the District of
Columbia subject by statute to procedures of the competitive service (as
defined in section 2102 of title 5 [of the United States Code]), or
(2) a bona fide private membership club (other than a labor organization)
which is exempt from taxation under section 501(c) of title 26 [the
Internal Revenue Code of 1954], except that during the first year
after March 24, 1972 [the date of enactment of the Equal Employment
Opportunity Act of 1972], persons having fewer than twentyfive
employees (and their agents) shall not be considered employers.
(c) The term ``employment agency'' means any person regularly undertaking
with or without compensation to procure employees for an employer or to
procure for employees opportunities to work for an employer and includes
an agent of such a person.
(d) The term ``labor organization'' means a labor organization engaged in
an industry affecting commerce, and any agent of such an organization, and
includes any organization of any kind, any agency, or employee
representation committee, group, association, or plan so engaged in which
employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions of employment,
and any conference, general committee, joint or system board, or joint
council so engaged which is subordinate to a national or international
labor organization.
(e) A labor organization shall be deemed to be engaged in an industry
affecting commerce if (1) it maintains or operates a hiring hall or hiring
office which procures employees for an employer or procures for employees
opportunities to work for an employer, or (2) the number of its members
(or, where it is a labor organization composed of other labor
organizations or their representatives, if the aggregate number of the
members of such other labor organization) is (A) twentyfive or more
during the first year after March 24, 1972 [the date of enactment of
the Equal Employment Opportunity Act of 1972], or (B) fifteen or more
thereafter, and such labor organization-
(1) is the certified representative of employees under the
provisions of the National Labor Relations Act, as amended [29 U.S.C.
151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151
et seq.];
(2) although not certified, is a national or international labor
organization or a local labor organization recognized or acting as the
representative of employees of an employer or employers engaged in an
industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body
which is representing or actively seeking to represent employees of
employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of paragraph
(1) or (2) as the local or subordinate body through which such employees
may enjoy membership or become affiliated with such labor organization; or
(5) is a conference, general committee, joint or system board, or
joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an industry
affecting commerce within the meaning of any of the preceding paragraphs
of this subsection.
(f) The term ``employee'' means an individual employed by an employer,
except that the term ``employee'' shall not include any person elected to
public office in any State or political subdivision of any State by the
qualified voters thereof, or any person chosen by such officer to be on
such officer's personal staff, or an appointee on the policy making level
or an immediate adviser with respect to the exercise of the constitutional
or legal powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the civil service laws of
a State government, governmental agency or political subdivision. With
respect to employment in a foreign country, such term includes an
individual who is a citizen of the United States.
(g) The term ``commerce'' means trade, traffic, commerce,
transportation, transmission, or communication among the several States;
or between a State and any place outside thereof; or within the District
of Columbia, or a possession of the United States; or between points in
the same State but through a point outside thereof.
(h) The term ``industry affecting commerce'' means any activity, business,
or industry in commerce or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce and includes any activity
or industry ``affecting commerce'' within the meaning of the
LaborManagement Reporting and Disclosure Act of 1959 [29 U.S.C.
401 et seq.], and further includes any governmental industry,
business, or activity.
(i) The term ``State'' includes a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake
Island, the Canal Zone, and Outer Continental Shelf lands defined in the
Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].
(j) The term ``religion'' includes all aspects of religious observance and
practice, as well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate to an employee's or prospective
employee's religious observance or practice without undue hardship on the
conduct of the employer's business.
(k) The terms ``because of sex'' or ``on the basis of sex'' include, but
are not limited to, because of or on the basis of pregnancy, childbirth,
or related medical conditions; and women affected by pregnancy,
childbirth, or related medical conditions shall be treated the same for
all employmentrelated purposes, including receipt of benefits under
fringe benefit programs, as other persons not so affected but similar in
their ability or inability to work, and nothing in section 2000e-2(h) of
this title [section 703(h)] shall be interpreted to permit
otherwise. This subsection shall not require an employer to pay for health
insurance benefits for abortion, except where the life of the mother would
be endangered if the fetus were carried to term, or except where medical
complications have arisen from an abortion: Provided, That nothing herein
shall preclude an employer from providing abortion benefits or otherwise
affect bargaining agreements in regard to abortion.
(l) The term ``complaining party'' means the Commission, the Attorney
General, or a person who may bring an action or proceeding under this
subchapter.
(m) The term ``demonstrates'' means meets the burdens of production and
persuasion.
(n) The term ``respondent'' means an employer, employment agency, labor
organization, joint labormanagement committee controlling
apprenticeship or other training or retraining program, including an
onthejob training program, or Federal entity subject to
section 2000e-16 of this title .
EXEMPTION
SEC. 2000e-1. [Section 702]
(a) This subchapter shall not apply to an employer with respect
to the employment of aliens outside any State, or to a religious
corporation, association, educational institution, or society with respect
to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporation, association,
educational institution, or society of its activities.
(b) It shall not be unlawful under section 2000e-2 or 2000e-3 of
this title [section 703 or 704] for an employer (or a corporation
controlled by an employer), labor organization, employment agency, or
joint labormanagement committee controlling apprenticeship or other
training or retraining (including onthejob training programs)
to take any action otherwise prohibited by such section, with respect to
an employee in a workplace in a foreign country if compliance with such
section would cause such employer (or such corporation), such
organization, such agency, or such committee to violate the law of the
foreign country in which such workplace is located.
(c) (1) If an employer controls a corporation whose place of incorporation
is a foreign country, any practice prohibited by section 2000e-2 or
2000e-3 of this title [section 703 or 704] engaged in by such
corporation shall be presumed to be engaged in by such employer.
(2) Sections 2000e-2 and 2000e-3 of this title [sections 703 and
704] shall not apply with respect to the foreign operations of an
employer that is a foreign person not controlled by an American employer.
(3) For purposes of this subsection, the determination of whether
an employer controls a corporation shall be based on-
(A) the interrelation of operations;
(B) the common management;
(C) the centralized control of labor relations; and
(D) the common ownership or financial control, of the employer and the
corporation.
UNLAWFUL EMPLOYMENT PRACTICES
SEC. 2000e-2. [Section 703]
(a) 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) 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) 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) It shall be an unlawful employment practice for any employer, labor
organization, or joint labormanagement committee controlling
apprenticeship or other training or retraining, including
onthejob 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) 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 labormanagement 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) 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 labormanagement 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 Communistaction or Communistfront
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) 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) 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 [section 6(d) of the Fair
Labor Standards Act of 1938, as amended].
(i) 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) Nothing contained in this subchapter shall be interpreted to require
any employer, employment agency, labor organization, or joint
labormanagement 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) (1) (A) An unlawful employment practice based on disparate impact
is established under this title 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 title.
(3) Notwithstanding any other provision of this title, 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 title only if such rule is adopted
or applied with an intent to discriminate because of race, color,
religion, sex, or national origin.
(l) 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) Except as otherwise provided in this title, 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) (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, United
States Code.
OTHER UNLAWFUL EMPLOYMENT PRACTICES
SEC. 2000e-3. [Section 704]
(a) 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 labormanagement committee
controlling apprenticeship or other training or retraining, including
onthejob 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) It shall be an unlawful employment practice for an employer, labor
organization, employment agency, or joint labormanagement committee
controlling apprenticeship or other training or retraining, including
onthejob 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 labormanagement
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.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SEC. 2000e-4. [Section 705]
(a) 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
[United States Code] governing appointments in the competitive
service, such officers, agents, attorneys, administrative law judges
[hearing examiners], 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 [United States Code], relating to classification and
General Schedule pay rates: Provided, That assignment, removal, and
compensation of administrative law judges [hearing examiners] shall
be in accordance with sections 3105, 3344, 5372, and 7521 of title 5
[United States Code].
(b) (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 [sections 706 and 707]. 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) 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) The Commission shall have an official seal which shall be judicially
noticed.
(e) The Commission shall at the close of each fiscal year report to the
Congress and to the President concerning the action it has taken [the
names, salaries, and duties of all individuals in its employ] 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) 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) 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 [section 706] by an aggrieved party against a respondent
other than a government, governmental agency or political subdivision.
(h) (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 title, 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 title or such law, as the case may be.
(i) All officers, agents, attorneys, and employees of the Commission
shall be subject to the provisions of section 7324 of title 5 [section
9 of the Act of August 2, 1939, as amended (the Hatch Act)],
notwithstanding any exemption contained in such section.
(j) (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 title shall not
be excused from compliance with the requirements of this title 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.
ENFORCEMENT PROVISIONS
SEC. 2000e-5. [Section 706]
(a) 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 [section 703 or 704].
(b) 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 labormanagement
committee controlling apprenticeship or other training or retraining,
including onthejob 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 labormanagement 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) 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) 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
sixtyday 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) 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 sixtyday 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) (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 title (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) (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 [of the United States Code], 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) (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 [section 704(a)].
(B) On a claim in which an individual proves a violation under section
2000e-2(m) of this title [section 703(m)] 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 [section 703(m)]; and
(ii) shall not award damages or issue an order requiring any
admission, reinstatement, hiring, promotion, or payment, described in
subparagraph (A).
(h) The provisions of chapter 6 of title 29 [the Act entitled
"An Act to amend the Judicial Code and to define and limit the
jurisdiction of courts sitting in equity, and for other purposes,"
approved March 23, 1932 (29 U.S.C. 105-115)] shall not apply with
respect to civil actions brought under this section.
(i) 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) 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 [United States Code].
(k) 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.
CIVIL ACTIONS BY THE ATTORNEY GENERAL
SEC. 2000e-6. [Section 707]
(a) 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) 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
threejudge 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) Effective two years after March 24, 1972 [the date of enactment of
the Equal Employment Opportunity Act of 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
[United States Code], 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) 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) Subsequent to March 24, 1972 [the date of enactment of the Equal
Employment Opportunity Act of 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 [section 706].
EFFECT ON STATE LAWS
SEC. 2000e-7. [Section 708]
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.
INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES
SEC. 2000e-8. [Section 709]
(a) In connection with any investigation of a charge filed under
section 2000e-5 of this title [section 706], 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) 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) 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 labormanagement 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 labormanagement 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) 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 labormanagement 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) 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.
INVESTIGATORY POWERS
SEC. 2000e-9. [Section 710]
For the purpose of all hearings and investigations conducted by the
Commission or its duly authorized agents or agencies, section 161 of title
29 [section 11 of the National Labor Relations Act] shall apply.
POSTING OF NOTICES; PENALTIES
SEC. 2000e-10. [Section 711]
(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.
VETERANS' SPECIAL RIGHTS OR PREFERENCE
SEC. 2000e-11. [Section 712]
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.
RULES AND REGULATIONS
SEC. 2000e-12. [Section 713]
(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 [the Administrative Procedure Act].
(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.
FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES
SEC. 2000e-13. [Section 714]
The provisions of sections 111 and 1114, title 18 [United States
Code], 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 [United States
Code], 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.
TRANSFER OF AUTHORITY
[Administration of the duties of the Equal Employment Opportunity
Coordinating Council was transferred to the Equal Employment Opportunity
Commission effective July 1, 1978, under the President's Reorganization
Plan of 1978.]
EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL
SEC. 2000e-14. [Section 715]
[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.]
The Equal Employment Opportunity Commission [Council] 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 [July 1]
of each year, the Equal Employment Opportunity Commission [Council]
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.
EFFECTIVE DATE
SEC. 2000e-15. [Section 716]
[(a) This title shall become effective one year after the date of its
enactment.
(b) Notwithstanding subsection (a), sections of this title other than
sections 703, 704, 706, and 707 shall become effective immediately.
(c)] The President shall, as soon as feasible after July 2, 1964
[the enactment of this title], 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.
TRANSFER OF AUTHORITY
[Enforcement of Section 717 was transferred to the Equal Employment
Opportunity Commission from the Civil Service Commission (Office of
Personnel Management) effective January 1, 1979 under the President's
Reorganization Plan No. 1 of 1978.]
EMPLOYMENT BY FEDERAL GOVERNMENT
SEC. 2000e-16. [Section 717]
(a) 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 [United States Code], in executive agencies [other than
the General Accounting Office] as defined in section 105 of title 5
[United States Code] (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 legislative and judicial branches of
the Federal Government having positions in the competitive service, and in
the Library of Congress shall be made free from any discrimination based
on race, color, religion, sex, or national origin.
(b) Except as otherwise provided in this subsection, the Equal Employment
Opportunity Commission [Civil Service 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 [Civil Service 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
[Civil Service Commission] shall be exercised by the Librarian of
Congress.
(c) 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 [Civil Service
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 [Civil Service 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 [section 706], in which civil action the head of the
department, agency, or unit, as appropriate, shall be the defendant.
(d) The provisions of section 2000e-5(f) through (k) of this title
[section 706(f) through (k)], 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.
(e) 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.
SPECIAL PROVISIONS WITH RESPECT TO DENIAL, TERMINATION, AND
SUSPENSION OF GOVERNMENT CONTRACTS
SEC. 2000e-17. [Section 718]
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 [United
States Code], 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 fortyfive
days thereafter the Office of Federal Contract Compliance has disapproved
such plan.
This page was last modified on January 15, 1997.