PROPOSED FEDERAL EMPLOYEE DISCRIMINATION COMPLAINT PROCEDURES ACT OF 1988

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R000200020002-1
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 59
• Document Creation Date: December 22, 2016
• Document Release Date: November 2, 2012
• Sequence Number: 2
• Publication Date: September 21, 1988
• Content Type: MEMO

STAT
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property aecurins say mortsage bas and lRiiehlgan, Mr. iarnra~. Mr. Dosara Mr. Tos;ucssssx.
for other Du:9oaes; to the Committee on E. Lvmrs, Ma M~utrar of IIliaofs.
Bankta[. Finance and Urban wlfatts. H.R. tP40:1[r. To~vws.
By Mr. LAAIT'OS (tor htmself. Mr. ~. ~~w' ~. ~' ~. H.A. 4011: Mr. Barourr and Mr. Wsaa.
Faawa, Mr. DIOGIIaRnI. and Mr. ldCGbaa:, fir. 1+dcGRars, Mr. B.R. 4060: Mr. 8rusvras. Mr. Drnwu.T
2~I>:zsos of Utah): Mn1.Q of WashingLon, fdr. Mooe- Mr. Saso, MI. Tsorus A. Lvrm~, 1[r. JOHF
. S.R. lilt. a ifl11 to mOdlt! the atttborlty ate' ~' YAM ? ? ~. ~~. ~~' Of South Dakota, Mr. Boson. and 112:
Of attic ->IQ~ >aapbymeat Opportuaft3' Idr. ldtrRrss, ]6s. PsLOSI. Mr. Ptra- BOIIC~I_
Commission to fnvestisate sad aetermtne ~? Mr. Rnratuo, fdr. Rlrrns. Mr. H.R. 4116: Mr. Sascnt.
diacriminaUon claims made by Federal em? ~_' ~' ~~w' ~' St$ASSa. H.R. 4166: Mr. SSAYS. Mr. 8~sorr, an.
ywJcw ~iraaK rase rcuciia w~caa?uau.~' BOLOYOIr, MI. TRArICAwr. 11QI. VIS?
sad for other purposes; tointiy. to the Com- SR. 4189: Mr. t)nacatr, Mr. MAR7IJfi~ am
mitteet oa hducarioo sad labor and Poat~ ctossY, l[r. Walosn-, fdr. Wass. Mr. Aaaaa.
Oifice and Civl1 Service. Mr. Wslas. ][r. Worst, and Mr. g,R, 4257: Mr. PRIG of North Camiirw
By Mr. THOMAS A. LII>~t: (for him- WcRirirs: MI. BROOw]'It~, Mr. $ORFYII. MZ. SOLI
cell. Mr. WarrrAaza, and Mr. H. Res. b05. Resolution condemning the ~. B Mr, Csnres. Mr. IRtzJrrr.
Bens): systematic violation of international recog- ~. ~, Mr, BArlb, Mr. WYI.IL, Mr
HR. bi13. A blll to provide that the adver- sized human rights by the Gavernmeat of MICA, and Mr. PaYrz
tising and promotion of tobacco products Romania; to the Committee ao Foreign Af? HR. 4277: Mr. Coxrt, Mr. SIiIIYWAT, MI
and the sale of tobacco products fa vending f~? HZ?rRY, Mr. Sraerr, Mr. S~crrs of Florida
machines violates the Federal Trade Com? BY Mr. MOLINARL ldr. BIISC~rzfle. Mr. fQACS.. Mr. DAVSa of IIli
mission Act, to amend the P+ederal Trade 8. Res. 506. Resolution repairing rendl- nois. Mr. LArra-aTS. and Mr. Btr=zva of In
Commission Act to authorize a continuing lion of the Pledge of Allegiance to the Flag ~~,
study o1 tobacco smoke, and for other par- In the House of Aepreaentstives on each g.R. 4317: Mr. HAISICLRSC81[IDS, Mr. Stnm
Doses: to the Committee on Energy and legislative day: to the Committee on Rules. pIIlsz, and Mz. Poszs.
Commerce. _~_ H.R. 4438: Mr. DtFAUO. Mz. M?41~*'~
BY Mr. MONTGOMERY (for himself. Mr. EvArrs. Mr. MiIIn=. and Mrs. Mog*ss~
MI. HAY1IZPaCB][n)z, Mr. SOroYOR, MEMORIALS H.R. 4483: Mr. BAI.LE1rGLR.
and Mr. McEwtrr): IInder clause 4 of rule B~II, memo- H.R. 4526: Mr. SusIICxrns of Virginia, Mr
HR. 5114. A Dill to amend title 38, IInlted Wolr. Mr. Cr.amrz, Mr. ScxIIrrrt, and Mr
States Code. to improve programs for the rials sere presented and referred as Rrzzta
recruitment and ret4ntaon of health-care follows: H.R. 4531: Mr. SaIIYwAT.
personnel of the Veterans' Administration. 457. By the SPrAt?~: Memorial of the H.R. 4543: Mr. LowaY of Washtngtoa.
Lo extend certain eapiring programs of the Legislature of the State of Louisiana, nets- $R. 4718: Mr. Arsnrs. Mr. G~tAtacAlr, ant
Veterans' Administration, and for ether live to social security and related programs Mr. BoxloR of Michigan.
purposes: to the Committee on Veterans' Af- for State and local public employees; to the HR. 4719: Mr. HORTOR, Mr. WAI~t, M.r.
faun Committee on Ways and Means. CoxYtas, Mrs. Cort.nrs. Mr. Etrctlsrs. fdi.
By M.r. RDDINO (for himself and MI. 456. Also, memorial of the Legislature of Ntel.. 7A(r. BARrrARD, Mr. burros. Mr. WISL.
MAUOr.I): the State of Louisiana. relstire to the fiscal Mr. Owtrrs of Nea? Yozk. MI. Toa~Irs. Mr.
H.R. 5115. A blll to amend the Immiera- integrity of State and local governments: to SpRArr. Mr. $OLZS, Mr. Eanancs. MI.
tIon and Nationality Act Lo revise the nu- the Committee on Ways and Means. x* ~!. MI. BIISrAI[AtrrE, Mr. McLTIIf}2.
merical limitation and preference system
for admission of independent immigrants. --~- Mr? SAwYLR, Mr. GRAxr, Mr. Ct.IAGER. Mr.
and for other purposes; Lo the Committee McCAxntrss, Mr. CRAIG. Mr. Nrr?sox of
on the Judiciary. ADDITIONAL SPONSORS ~~? ~- DIOGIIARDI. Mr. Llearroor. Mr.
L Mr
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II-"' ?`~"' ? ""' '^' """?` "" ?""" - sons were added to public bills and res-
trator of the Environmental Protection olutions as follows:
Agency to promptly commence remedial
action at the Paoli Railyard Superfund site H.R. 458: Mr. RICaeRasox.
!n Paoli. PA: to the Committee on Energy HR. 639: Mr. SrIInns.
and Commerce. HR. 1028: Mr. COYBtsz, Mr. CoIIRrs, Mr.
By Mr. STIIDDS: QtJIr.I.tx, Mr. HAYSS of Louisiana. Mr.
HR. 5117. A bill to require that plastic SwtratY, Mr. MAVaour.rs, and Mr. Parct of
ring carrier devices be degradable: jointly, to North Carolina.
the Committee on Energy and Commerce H.R. 1443: Mrs. RotnctesA and Ms. SNOwt.
and Merchant Marine and Fisheries. HR. 1580: MI. Az,-oP.tws and Mz. WYDtN.
By Mr. BIAGGI: H.R. 1700: Mr. FAtnCrROY.
H.R. 5118. A bill Lo amend section Sll the H.R. 1921: Mr. STANCtIJ1ND.
Older Americans Act of 1985 to require the fi.R. 2039: Mr. McEK~x. Mr. BAKIIt, Mr.
Secretary of Agriculture to provide assist? $OS.LOwAY, Mr. PACS:ARD, Mr. Rlxt, and
ante for tiro meals sen?ed daily per person: Mr. McCRERY.
to the Committee on Education and Labor. H.R. 2532: Mr. ORTIL
By Mrs. ROUK:EMA: H.R. 2727: Mr. MACgAY.
H. Con. Res. 342. Concurrent resolution H.R. 2828: Mr. Wotrt, Mr. Ltvlrvt of Cali-
expressing the sense of the Congress that fornia, Mr. QIIILLLN, Mr. ORSIZ, and Mr. DL-
the current Federal income tax deduction FAZIO.
for interest paid on residential mortgages H.R. 2928: Mr. FocttrrrA.
should not be altered; to the Committee on HR. 2940: Mr. Rost.
Ways and Means. H.R. 2999: Mr. HsRY, Mr. SwIrr, MI.
By LCr. DORNAN of California (for McHIICS, Mr. Ou-fas of IItah, MI. PIIRSII.L,
himself, Mr. VI'ou, Mr. burros. Mr. Mr. AxAItA, and Mr. Jrxxlrrs.
HAra, of Ohlo. Mr. Sacrra of Near HR. 3112: Mr. Rot. Mr. DK?YER of Herr
Jersey. Mr. CRwtrt, Mr. PORrcR, MI. Jersey, and Mr. COYrrt.
Arrl.teert. Mr. Arxlrrs, Mr. Bert- H.R. 3454: Mr. LtArx of Texas and Mr.
acArv, Mr. BcrtIIrtR, Mr. BIURAxIS, Mwxrotr.
Mr. BoxxER. Mr. BOIILrta. MI. H.R. 3478: Mr. SxIrR of Nea' Jersey.
BROOa-rltt.n, Mr. BROK-x of Califon- H.R. 3612: Mr. EcxARr.
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or
otnrtR. Mr.
By Mr. SCHIILZE: iTnder clause 4 of rule gXII_ annn_ -
Ia-xors, and Mr. SsAYS.
HR. 1734: Mr. Doaxerr of California. Mr.
BvRrorr of Indiana. Mr. b1G01SARSIFO, Mr.
WORrLET, MI. Nrw.* Mr. Lrwls of Florida.
Mr. SxvxwAY, Mr. ROt, Mr. LAxms, MI.
Towxs, and Mrs. Bsxrsss.
H.R. 4758: Mr. MCCRLRY and Mr. BoRStu.
HR. 4880: Mr. Tg?=*?? Mr. FetncrROY.
MIS. COISSNS, Mr. Nrr-r, MI. BIAGGI, Mr. LA-
co~aARSnvo, Mr. DwYSa of Near Jersey. Mr.
RANCta., Mr. FAUO, Mr. GeRCIA, Mr. Dc Loco.
and Mr. Owtxs of Neer York.
HR. 4866: Mr. Faosz. Mr. Wotrt. Mr.
DcaRlcx, Mr. Arxltrs, Mr. GR?ttrb of Neu'
York. Mr. Ltvrx of Michigan. Mr. Dau.tnss.
and Mr. SEF7ttDY.
H.R. 4889: Mr. Btvua..
HR. 4870: Mr. Besrla-I~ItR, Mr. Lr~zxa
of California, Mr. PANLTIA, Mr. Wov, Mr.
Swlrr, Mr. ToRRlccu.I. Mrs. Bcxrtzz, and
Mr. McRZUVtz.
HR. 4902: MI. BRYAb17 and Mr. MAV-
ROtJLLS.
H.R. 4921: Mz. MARrurQ.
. H.R. 4929: Mrs. Jolarsox of Connecticut,
Mr. Exssox, and Mr. HtnctR.
? HR. 4941: Ms. PsrPER. MI. TOV'A'S, Mr.
KAICJORSR2, MI. MIIRPHY, and Mr. FxAtrs.
HR. 4942: Mr. bittRrsY.
H.R. 4955: 1V'.r. AIUxA and Mr. 1\ic2~nt.er
of North Carolina.
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i. R. 5112
To modif~? the authorit~? of the Equal Employment Opportunit~? Commission to
investigate and determine discrimination claims made by Federal emplo~?ees
against the Federal Government, and for other purposes
Ili' THE HOUSE OF REPRESEI\ TATIVES
JLLr 2s, Isss
Dlr. CANTOS (for himself, Dir. FaANFi, Dir. DIOGr~AaDI, and Dir. ICIELSO~ of
Utah) introduced the follo~?ing bill; which v-?as referred jointl~? to the Com-
mittees on Education and Labor and Post Office and Civil Sen-ice
A BILL
To modify the authority of the Equal Emplo3?ment Opportunit~-
Commission to in~-estigate and determine
claims made by Federal employees against
discrimination
the Federal
Go~~ernment, and for other purposes.
1
Be it enacted by th.e Senate and House o f I~e~resenta-
2
fives of the United States of America in Congress assembled,
3
SECTIOT' 1. SHORT TITLE.
4
.This Act ma3~ be cited as the "Federal Emploj?ee Dis-
5
crimination Complaint Procedures Act of 1988".
6
SEC. 2. A117Eh'DDiE)\'TS.
7
(a~
DEFII~'ITIUNS.-Section 701 of the Ci~?il Rights Act
8
of 1964
(42 U.S.C. 2000e) is amended-
100TH CONGRESS
2D SESSION
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1 (1) in paragraph (f) b3? striking "The term" and
2 inserting "Except when it appears as part of the term
3 `Federal emplo`?ee', the term ", and
4 (2) b3? adding at the end the follou-ing:
5 "(1) The term `Commission' means the Equal Emplo~?-
6 went Opportunit~? Commission.
7 "(m) The term `entity of the Federal Government'
8 means an entit3~ to vahich section 717(x) applies, except that
9 such term does not include the Librar~? of Congress.
10 "(n) The term `Federal employ ee' means an individual
11 a?ho is emplo~?ed b~- an entit~? of the Federal Government.
12 "(o) The term `Federal emplo3-ment' means emplo~-ment
13 b3 an entit~~ of the Federal Government.
14 "(p) The terms ~ `government', `government. agenc3?', and
15 `political subdivision' do not include an3 entit3? of the Federal
16 Government.".
17 (b) EEOC AND JUDICIAL DETER11iINATIOIQ OF DIS-
18 CEIDiINATION CLAIDiS RELATING TO FEDERAL EDiPLOT-
19 DiENT.-Section 717 of the Civil Rights Act. of 1964 (42
-20 U.S.C. 2000e-16) is amended-
21 (1) b~? redesignating subsection (e) as subsection
~`'" (1), and
23 -(2) b~? striking subsections (c) and (d) and inserting
24 the folio?-ing:
?HR 5112 IH
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STAT
3
1 "(c)(1) V~'henever a charge is filed timelS? b~? or on behalf
2 of an inditi-idual, or bti? a member of the Commission, alleging
3 that an entitS? of the Federal Government has engaged in
4 discrimination based on race, color, religion, sea, or national
5 origin, the Commission shall-
6
"(A) sen?e a notice of the charge (including the
r
date, place, and circumstances of the alleged discrimi-
8
nation) on the head of such entit~? not later than 10
9
da~?s after the charge is filed; and
10
"(B) mate an investigation of the charge.
11
"(2)(A) A charge filed under this section shall be in
12
~?riting under oath or affirmation and shall contain-
13
"(i) such information and be in such form as the
14
Commission requires; and
15
"(u) a certification that, no
t less than 30 days
16
before the charge is filed, such ind
i~~idual-
1 t
"()7 notified such entit~?
of the speck nature
18
of such charge and the inten
t to file such charge;
19
and
20
"(I17 ??as reasonabl3- av
ailable for counseling
21
b~? such entit3 regarding such
charge.
22
"(B) A charge arising under this
section shall be filed
23 ?-ith the Commission not later than 180 da~?s after the al-
24 leged discrimination occurs. _.
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1 "(3)(A) ~Thenerer a charge is filed under this section
2 with the Commission and the Commission concludes on the
3 basis of a preliminary in~?estigation that prompt judicial
4 action is necessan? to carr~? out the purposes of this section,
5 the Commission may bring a ci~?il action in an appropriate
6 district court of the United States for appropriate temporar~-
7 or preliminary relief pending final disposition of the charge.
8 "(B) An~? temporar3? restraining order or other order
9 granting preliminary or temporar~? relief shall be issued in
10 accordance a-ith rule 65 of the Federal Rules of Ci~?il Proce-
11 dare, except that- anS? such order ma~? be issued b3? the court
12 if the Commission shows that-
13 "(i) there is a substantial likelihood that the indi-
14 ~~idual aggrie~ ed by the unla~?ful discrimination alleged
15 in such charge R-i11 prey ail on the merits of such
16 charge; and
17 "(ii) undue hardship to such indi~-idual Rill result
18 if the court does not issue such order.
19 "(4)(A) Not later than 60 days after a charge is timely
20 filed, the Commission shall determine R-hether there is rea-
21 sonable cause to beliere that the charge is true.
22 "(B) The Commission shall promptly notify the indi~?id-
23 ual aggrie~~ed by the alleged discrimination and the respond-
24 ent of its determination under subparagraph (A).
?Iix 5>>. ix
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1 "(5)(A) If the Commission determines after such investi-
2 gation that there is reasonable cause to believe that the
3 charge is true, the Commission shall endeavor to eliminate
4 the alleged unlaR~ful discrimination br informal methods of
5 conference, conciliation, and persuasion.
6 "(B) If the Commission-
"(i) does not compl~? n-ith subparagraph (A); or
g "(ii) determines that there is reasonable cause to
9 believe that the charge is true and is unable to secure,
10 ~-ithin the 90-dad period beginning on the date the
11 charge is filed, from the respondent a conciliation
12 agreement acceptable to the indi~~idual aggrie~?ed b~-
13 the alleged discrimination;
14 then such individual, not later than 120 days after the charge
15 is filed, either ma~~ file a request a-ith the Commission that
16 such charge be adjudicated b~~ an administrati~ a la~? judge of
17 the Commission or ma3~ commence a civil action in an appro-
I8 priate district court of the United States based on the claim
19 ~-ith respect to which the charge is filed. Such civil action
20 shall be dismissed if such indi~?idual timel3 files such a re-
21 quest, ?zth the Commission.
22 "(C) If the Commission determines timer that there is
23 no reasonable cause to believe that the charge is true=
24 "(i) the Commission shall immediatel~~ dismiss the
25 charge; and
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1 "(ii) such individual, not later than 120 da3?s alter
2 the charge is filed, may commence a civil action in an
3 appropriate district court. of the United States based on
4 the claim R-ith respect to which the charge is filed.
5 "(D) The standards and procedures applicable to deter-
6 mining under section 706(b) whether there is reasonable
7 cause to believe that a charge is true shall appl~? with respect
8 to determining under this subsection R?hether there is reason-
9 able cause to belieti?e that a charge is true.
10 "(6)(A)(i) If the Commission receives under paragraph
11 (5)(B) a timel~? request that the charge be adjudicated b~? an
12 administrative laR? judge of the Commission, an administra-
13 tive lair judge shall determine the charge in accordance n-ith
14 section 554 of title 5 of the United States Code, not?-ith-
15 standuig subsection (a)(2) of such section, after an opportuni-
16 t3 for a hearing on the record. Such hearing, if an3?, shall be
17 - concluded not later than 180 da3?s after the Commission re-
18 ceives such timel3- request. I~'ot later than 90 da3 s after the
19 conclusion of such hearing, the administrative law judge shall
20 determine the charge in accordance ~?ith such section.
21 "(ii) For purposes of making such determination, the
22 Commission shall issue subpoenas in accordance ti~-ith section
23 555(d) of title 5, United States Code.
24 "(B)(i) If a preponderance of the evidence received dem-
25 onstrates that the charge is true, then the administrative lav
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1 judge shall issue, and cause to be served on the head of such
2 entitj, an order requiring such entit~?-
3 "(I) to cease and desist from engaging in the un-
4 lawful discrimination alleged in the charge;
5 "(II) to take such affirmative action as mar be
6 appropriate; and
i "(III) to provide anv appropriate relief of a kind
S described in subsection (d)(2)(A).
9 "(ii) If a preponderance of the evidence fails to demon-
10 strate that the charge is true, then the administrative la~-
11 judge shall issue an order dismissing the charge.
12 "(C)(i) Not later than 30 da~?s after an administrative
13 la~? judge issues an order under subparagraph (B), an individ-
14 ual or entit~? of the Federal Goveniment. aggrieved b~? such
15 order ma3~ appeal such order to the Commission.
16 "(ii) >tTot later than 90 dad s after such order is appealed
1 i to the Commission, the Commission shall affirm, reverse, or
18 modif3? such order.
19 "(iii) An indi~~idual a?ho is aggrieved b~?-
20 "(1) such order and does not appeal such order to
21 the Commission;
22 "(Il) a determination made under clause (ii) b3?
23 the Commission; or
24 "(ITI) b~? the failure of the Commission to compl3-
25 ~-ith clause (ii);
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1 ma~? commence a civil action, not later than 30 da~?s after
2 such determination is timer made, or 120 da~?s after such
3 order is issued under subparagraph B), whichever occurs
4 earlier, for judicial review in the United States Court of Ap-
5 peals for the District of Columbia Circuit or in the United
6 States Court of Appeals for the circuit in ~?hich the unla~?ful
r discrimination is alleged to have occurred, for the circuit in
8 ~?hich the emplo~-ment records relevant to such discrimina-
9 tion are maintained and administered, or for the circuit in
10 ~?hich such indi~~idual would have ~?orked but for the alleged
11 discrimination in violation of subsection (a).
12 "(iv) If an individual R-ith respect to ~?hom a charge is
13 filed under this section prevails under this section with re-
14 spect. to unla~;-ful discrimination alleged in the. charge, the
15 entit3? that engaged in such unlan-ful discrimination shall pro-
16 vide to the indi?dual all the relief-
17 "(n that is a~?arded under this section to such in-
18 di~~idual; and
19 "(~ ~zth respect to ~?hich a timel~? appeal is not
20 taken under this section or under title 28 of the United
21 States Code.
22 "(v) The Commission ma~? commence a civil action, in
23 and court of appeals of the United States referred to in clause
24 (iii), to enforce-
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1 "(I) an order issued under subparagraph (B) b~? an
2 administrative laa? judge if an appeal from such order
3 is not taben timely under clause (i) or (iii); or
4 "(II) an order issued under clause (ii) b~? the Com-
5 mission if a civil action to review such order is not
6 commenced timely under clause (iii).
i "(~*i) To enforce an order referred to in clause (r), the
8 Commission may order that an~? employee charged a-it.h com-
9 plying a-ith such order shall not be entitled to receive pay-
10 ment for ser~~ice as an employee during any period that such
11 order has not been complied a-ith. The Commission shall cer-
12 tiff to the Comptroller General of the United States that an
13 order has been issued under this clause. I~To pa~-ment shall be
14 made out of the Treasur~? of the United States for any sen-ice
15 specified in the order issued under this clause bi? the Commis-
16 sion.
1 i "(7)(i) Upon commencement of a civil action under para-
18 graph (6)(C), the Commission shall file R~ith the court of ap-
19 peals the record in accordance ~-ith section 2112 of title 28,
20 United States Code.
21 "(ii) Upon commencement of a civil action under para-
22 graph (6)(C), the court shall cause notice of the action to be
23 served on the parties involved.
24 "(iii) The commencement of a ci~-i1 action under para-
25 graph (6)(C) shall not operate as a st.a~? of the order ?-ith
HR 5112 IH--2
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1 respect to which the action is commenced, but the court in its
2 discretion, may suspend the operation of such order pending a
3 determination of the action.
4 "(iv)(n RevieR? by the court of appeals of an order
5 issued under paragraph (6)(B), including any determination
6 made under paragraph (6)(C)(u) b~? the Commission, shall be
7 on the record in accordance with section 706 of title 5,
8 United States Code.
g "(In Igo objection that has not been urged before the
10 administrative laa? judge or the Commission, as the case mar
11 be, may be considered b3- the court unless the failure to urge
12 such objection is ezcused b~? extraordinary circumstances.
13 "(~ The findings of the administrative laR? judge or
14 the Commission, as the case may be, ~-ith respect to ques-
15 tions of fact shall be conclusive if supported by a preponder-
16 ance of the evidence on the record considered as a R~hole.
17 "(IV) If the individual or the entity of the Federal Gor-
18 ernment ~-ith respect to which such order applies requests
19 leave to adduce additional e~~idence and sho~?s to the satisfac-
20 tion of the court that the additional e~~idence is material and
21 that there ~?ere reasonable grounds for the failure to adduce
22 the additional e~~idence before the administrative laR judge or
23 the Commission, as the case ma~? be, then the court ma~?
24 order the additional evidence to be taken before the Commis-
25 sion, or its designee, and to be made a part of the record.
?]iR 5113 IH
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1 "(~ The administrative laa? judge or the Commission,
2 as the case maj? be, may modify its findings as to the facts, or
3 ma3? make neR? findings, b~? reason of additional e~-idence so
4 taken and. filed. The administrati~~e law judge or the Commis-
5 Sion shall file any modified or nea? findings, which shall be
6 conclusi~~e with respect to questions of fact if supported bj? a
7 preponderance of the e~-idence on the record considered as a
8 whole. The administrati~?e lan? judge or the Commission shall
9 file recommendations, if an~?, for the modification or setting
10 aside of the order, including an~? determination made under
11 paragraph (G)(C)(ii) by the Commission.
12 "(~'~ On the filing of the record a-ith the court, the
13 jurisdiction of the court shall be e~clusi~?e and its jud~*ment
14 shall be final, e~eept that the judgment shall be subject to
15 re~-ie~;- b3? the Supreme Court of the United States upon ~-rit
16 of certiorari or certification as pro~?ided in section 1254 of
17 title 28. ;
18 "(8) The courts of appeals of the United States :(other
19 than the United States Court of Appeals for the Federal Cir-
20 cuit) shall have jurisdiction to re~~ie?? orders issued under this
21 section by administrati~ a law judges, including any determi-
22 nation made under paragraph (G)(C)(ii) by the Commission.
23 "(d)(1)(A) The district courts of the United States shall
24 hay-e jurisdiction of actions commenced under this section,
25 other than subsection (c)(G)(C).
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1 "(B) with respect to a claim arising under this section,
2 an action may be commenced in the United States District
3 Court for the District of Columbia or in any judicial district in
4 whick the unlawful discrimination is alleged to have oc-
5 curred, in the judicial district in which the employment
6 records relevant to such discrimination are maintained and
i administered, or in the judicial district in ~~hich the aggrieved
8 individual would have worked but for the alleged unlaRful
9 discrimination.
10 "(2)(A) If the district court finds that an entity- of the
11 Federal Government intentionall~? engaged in, or is intention-
12 ally engaging in, unlawful discrimination in violation of sub-
13 section (a), the court may enjoin such entitS? and the head of
14 such entit~? from engaging in such unla~;?ful discrimination,
15 and order such affirmative action as ma3? be appropriate.,
16 which may include reinstatement or hiring of emplo3?ees (~-ith
17 or a-ithout backpay) or such other equitable relief as the court
18 deems appropriate.
19 "(B) Back pa~? liability shall not accrue from a date oc-
20 earring more than 2 years before the filing of the charge ~?ith
21 the Commission.
22 "(C)1\To order of a district court shall require the hiring,
23 reinstatement, or promotion of an indi~~idual as an employee
24 or the payment. to an individual of any back pa~? if the indi-
25 ~~idual u?as refused employment, ??as refused advancement, or
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1 was suspended or discharged for anj~ reason other than dis-
2 crimination on account of race, color, religion, seg, or nation-
3 al origin or in violation of subsection (a).
4 "(e) The provisions of the Act entitled "An Act to
5 amend the Judicial Code and to define and limit the jurisdic-
6 tion of courts sitting in equity, and for other purposes", ap-
7 proved ~sarch 23, 1932 (29 U.S.C. 101-115), shall not appl~?
8 with respect to actions commenced under this section.
9 "(f) If an entit~~ of the Federal Government or the head
10 of such entit~~ fails to comply- ~-ith an order of a caurt issued
11 in an action commenced under this section, the Commission
12 or the prevailing party ma~? commence a proceeding to
13 compel compliance R?ith such order.
14 "(g) And action or proceeding commenced under this
15 section, in a district court of the United States shall be sub-
16 ject to appeal as pro~-ided in sections 1291 and 1292 of title
1 t 28, United States Code.
18 "(h) In an3 action or proceeding commenced under this
19 section, the court, in its discretion, ma3~ allo?~ the prevailing
20 part.3?, other than the Commission or an entit3~ of the Federal
21 Government (including the head of such entit.3~), a reasonable
22 attorne3~'s fee as part of the costs. An entit3~ of the Federa]
23 Government shall be liable for costs and interest the same as
24 a priya.te person. ~
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14
"(i) If an individual with respect to a~hom a charge is
filed under this section prevails under this section Rzth re-
spect to unlaa-ful discrimination alleged in the charge, the
entity that engaged in such unlav-ful discrimination shall par
interest on am monetar}? relief a~?arded to such indi~~dual.
Interest shall be paid under this subsection at the rate deter-
mined under section 1961(x) of title 28, United States Code,
and shall run from the date the charge is filed to the date
such relief is paid or the. date from n?hich interest begins to
accrue under section 1961 of such title, R-hichev er occurs
earlier.
"(j) AnS? amount (including an attorney's fee, costs, and
interest) awarded under this section shall be paid bj? the Fed-
eral entity that. ~~iolated_ subsection (a) from am funds made
15 available to such entity br appropriation or other?-ise.
..,>.
16 "(k) This section, as in effect immediately before the
17 effective date of the Federal Emp1oS?ee Discrimination Com-
18 plaint Procedures Act of 1988, shall apply with respect to
19 emplo3?ment. in the Library of Congress.".
_.--_.
20 SEC. 3. EEOC AUTHORITY TO CO~'DUCT LITIGATIOI.
21 Section 705(b) of the Ci~-il Rights Act of 1964 (42
22 U.S.C. 2000e-4(b)) is amended-
23
(1) in paragraph (2) b3? striking "Attorneys" and
24 inserting "Subject to the requirement specified in para-
25
graph (3), attorne~?s", and
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1 (2) by adding at the end the fo11oK?ing:
"~-~ 2 "(3) Notv~-ithstanding sections 516, 517, 518, and 519
3 of title 28, United States Code, and paragraph (2) of this
4 subsection, att.orne~?s appointed under this section shall
5 appear for and represent the Commission in an3? case in court
6 a-ith respect to a claim arising under section 717 against an
7 entit~? of the Federal Government.".
8 SEC. 4. TECHrICAL AhiE'~D91E'~'TS.
9 Section 717(b) of the Civil Rights Act of 19G4 (42
10 U.S.C. 2000e-16(b)) is amended b~? striking "Ci~?il Sen-ice
11 Commission" each place it appears and inserting "Commis-
12 sion".
13 SEC. 5. TRANSFERS OF PERSO:~"NEL AND RECORDS.
14 (a) PERSONATEL REQUIRED TO BE TRANSFERRED.-
15 Civilian personnel aho are emplo~?ed on the effective date... of
16 this Act b3 an entity of the Federal Government (as defined
17 in section 701(m) of the Ci~-il Rights Act of 19G4, as added
18 by section 2(a)(2)) in permanent positions the full-time duties
19 of which are- .
20 (1) investigating charges filed under section 717
21 of such Act against such entity,
22 (2) recommending to the Equal Emplo3ment Op-
23 portunity Commission the disposition of such charges,
24 or
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1 (3) a combination of the activities specified in
2 paragraphs (1) and (2),
3 shall be transferred in accordance with subsection (b) to the
4 Commission.
5 (b) TIDE of TR~xsFER.-The Director of the Office of
6 bsanagement and Budget shall determine a schedule for the
7 orderl~? transfer required by subsection (a) of personnel from
8 the various entities of the Federal Go~~ernment. Such sched-
9 ule shall take into consideration the needs of each entity of
10 the Federal Goy ernment to retain sufficient skilled personnel
11 to complete administrative action on those charges filed
12 under section 71'1 of the Ci~-i1 Rights Act of 1964 (42 U.S.C.
13 2000e-16)-
14 (1) that are pending before such entit~?, and
15 (2) to ~?hich the amendments made by this Act do
16 not apply.
17 (c) EFFECT ON TRar'SFERRED PERSOI~'Ir'EL.-The
18 transfer in accordance R?ith this section of any Federal em-
19 ployee shall not cause such employee to be separated from
20 ser~~ice, or reduced in grade or compensation, in the 1-year
21 period beginning on the date such employee is transferred.
22 (d) RECORDS.-Not later than 10 days after the effec-
23 tine date of this Act, the head of each .entity of the Federal
24 Go~~ernment. shall transfer to the Equal Emplo3-ment Oppor-
25 tunity Commission all records relating to charges arising
iIIR 57l?_ IH
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,.w
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1 under section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2 2OOOe-16)-
i
3
(1) that are filed against such entitt?, and
4
(2) with respect to which such entit~? does not
5
issue to the individuals bti? or on whose behalf such
6
charges are filed proposed dispositions of such charges,
r before the effective date of this Act.
8 (e) EFFECT OK ADr1II~I8TEATIVE JUDGES OF
9 EEOC.-The amendments made bV this Act, and the imple-
10 mentation of such amendments, shall not cause any individual
11 R?ho on the effective date of this Act is an administrative
12 judge of the Equal Emplo~-ment Opportunity Commission to
13 be separated from sen-ice, or reduced in grade or compensa-
14 tion, in the 1-year period beginning on such effective.. date.
15 SEC. 6. RULES OF CONSTRUCTION.
16 (a) EFFECT ON FEDERAL GRIEVANCES PROCEDURE.-
1 t The amendments made b~- this Act shall not be construed to
18 supersede or modif3T the operation of section 7121(d) of title
19 5, United States Code.
20 (b) REFERENCES Ir OTHER LASTS.-An~? reference in
21 any lave (other than title ~'II of the Ci~-il Rights Act of 1964)
22 to any pro~~ision of title VII of the Civil Rights Act of 1964
23 amended by this Act shall be deemed to be a reference to
24 such pro~?ision as amended b~? .this Act.
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1 SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
2 (a) EFFECTIVE DATE.-This Act and the amendments
3 made b3? this Act shall take effect-
4 (1) 1 year after the date of the enactment of this
5 Act, or
g (2) on the first dad of the first fiscal ,year begin-
? ning after the date of the enactment of this Act,
8 R?hichever occurs later.
9 (b) APPLICATION OF ADiEI~'DriENTS.-Except as pro-
10 ~~ided in section 6(b), the amendments made b~? this Act shall
11 appl} on13 with respect to-
12 (1) charges filed under section 717 of the Civil
13 Rights Act of 1964 (42 U.S.C. 2000e-16) on or after
14 the effective. date of this Act,_~and
15 (2) charges filed under such section before such
16 effective date if, as of such effective date, the entities
17 of the Federal Government (as defined in section
18 ?Ol(in) of the Civil Rights Act of 1964, gas added by
19 section 2(a)(2)) against R?hom such charges are filed
20 have not issued to the aggrieved individuals proposed
21 dispositions of such charges.
22 (C) COMPUTATION OF TiriE `KITH RESPECT TO CER-
23 TAIIv' PENDING CHARGES.=For purposes of section 717 of
24 the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), as
25 amended b3? section 2(b)(2), charges described in subsection
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1 (b)(2) of this section that are timer filed before the effective
2 date of this Act shall be considered to be-
3 (1) timel~? filed under such section 717 as so
4 amended, and
5 (2) filed with the Equal Emplo~-rnent Opportunit~?
6 Commission immediatel~? after such effecti~?e date.
O
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Ch. 21
CIVIL, RIGHTS
42 ? 2000e
SUBCHAPTER VI-EQU~' EMPLOYIt'IENT OPPORTU1~iITIES
? 2000e. DeSnittons
For the purposes of this subchapteT-
e or more individuals, gov-
n
[~iUNITY RELATIONS SERVICE-
>ther agencies; conciliation assistance
without publicity; information as con-
tion on performance of investigative or
ions ; violations sad penalties.
[SCELLANEOUS PROVISIONS
roceedings: trial by jury, criminal prac-
,eptions, intent; civil contempt proceed-
-ecific crimes and criminal contempts.
orney General; denial of equal protec-
~f race, color, religion, sea or national
~' 'sions not to affect authority of Attor-
to institute or intervene in actions or
ona not to ezclude operation of State
lidate consistent State laws.
priations.
ions.
~(a) The term "pe~OII? lncludea o
olitical subdivisions, labor
ernmenta, governmental agencies, P orations, legal represent-
anions, partnerships, associations, Corp sales, trusts. unincor-
atives, mutual companies, joint-stock comp
porated organizations, trustees, trustees in cases under Title 11,
or receivers. ~? erson engaged in an in-
(b) The term "employer means a p
duatry affecting commerce who has fif or mo= ncalendar weeeka
for each working day in each of twenty a eat of
in the current or preceding calendar year, and any~e United
such a person, but such term does not hel ~vernment of the
States, a corporation wholly owned b de artment or agency of
United States, an Indian tube, or any p rocedurea of the
the District of Columbia subject by statute to p
competitive service (as defined in cl b ~o her2than a lab Ol c)
(2) a bona fide private membership tion under section b
ganization) which is exempt fromhta f rat year after March 24,
of Title 26, except that during five employees (and
1972, Persons having fewer than twenlo-ers.- ?
their agents) shall not be considered emp y - e=son regu-
- (c) The term Nempl?3RIIent agency' means any p
rocure em-
lady undertaking ~~ ur ~nthout compensatiolo to s opportuni-
ployees Yor an employer or to procure for emP y eat of such a
ties to work for an employer and includes an ag
person.- ,..~ -. ~~.:~--= ~~ means a labor organization
_ (d) The term "labor'organization - and any agent of
engaged in an .industry affecting commerce,
nization, and lncludea any or8an~~0II o~ P.
- ouch an orga or employee representation committee,
. kind, any agency, ci ate
association, or plan so engaged in which employees o dealia8
-and which eziats for the purpose,. in whole or in p~ ? wages.
with employers concerning grievances, -labor disputeslo eat,
rates of pay, hours, or.other terms or conditions of emp board,
- -- neral committee, joint or system
and any conference, ge national
,or joint: council so engaged which is subordinate: to- s . ?-- _ ._ -
or international labor organizstion. ~~__:-;:; .,>;._~_-~?.
.-=: '(e) A labor organization shall be deemed to be engaged in an
. ectiag commerce if (1) it maintains or operates a
- ? :.+ ~ industry aff rocures ~employeea ~ior an
-~~hiring hall or hiring office which `p ~~~ {A_work for
- employer or procures for employees opp? ar, where it is
_._ :- an employer. ?r-(2) the number of its members
a labor organization composed of_ other :labor.:?r8a~ti?na or
. ... , .. ,~a - -__ .. __..
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42 ? 2000e PUBLIC HEALTH & WELFARE Ch. 21
their representatives, if the aggregate number of the members
of such other labor organization) is (A) twenty-five or more
during the first year after March 24, 1972, or (B) fifteen or
more thereafter, and such labor organization-
(1) is the certified representative of employees under the
provisions '+f the National Labor Relations Act, as amend-
ed, or the Railway Labor Act, as amended;
(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;
STAT
(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 represent-
ing or actively seeking to represent employees within the
meaning of paragraph (1) or (2) as the local or subordi-
nate body through which such employees. may enjoy mem-
bership or become affiliated with such labor organization;
(b) is a conference, general committee, joint or system
board, or joint council subordinate to a national or interna-
tional labor organization, which includes a labor organiza-
tion engaged in an industry affecting commerce within the
meaning of any of the preceding paragraphs of this subsec-
tion. -
f) 3~lreterar "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 aubdivi-
ion 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 pow-
ers of the office. The exemption set forth in the preceding sen-
fence shall not include employees subject to the civil ~aervice
laws of a State government, governmental agency or political
subdivision. ~ ... _ _ . - -
(g) The term "commerce" means trade, traffic, -commerce,
transportation, transmission, or communication among the sev-
eral States; .or between a State and any place outside thereof;
or within the District of Columbia, or- a possession of the Unit-
. ed States; or between points in the same State bnt through a
point outside thereof. _, _ _ . _ __ _ _ - _- _ _
(h) The term "industry affecting commerce" means any ac-
- tivity, business, or industry is commerce or in which a labor
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EALTH & WELFARE Ch. 21
the aggregate number of the members
nization) is (A) twenty-five or more
'ter March 24, 1972, or (B) fifteen or
labor organization-
d representative of employees under the
tional Labor Relations Act, as amend-
bor Act, as amended;
certified, is a national or international
r a local labor organization recognized
sentative of employees of an employer
d ul an industry affecting commerce;
a local labor organization or subsidiary
eating or actively seeking to represent
rs within the meaning of paragraph
red by a labor organization represent-
ing to represent employees within the
h (1) or (2) as the local or subordi-
hich such employees may enjoy mem-
'filiated with such labor organization;
i2 subordinate to a national or interna-
tion, which includes a labor organiza-
dustry affecting commerce within the
e preceding. paragraphs of this snbsec-
"means an individual employed by an
',term "employee" shall not include any
iffice in any State or political subdivi-
;ualified voters thereof, or any person
be on such officer's personal staff, or
making_ level or an immediate adviser
Ise of the constitutional or legal pow-
;mption set forth in the preceding aen-
~xaployees subject to the -civil service
eat, governmental agency or political
xe" . meaa's~ ~trade,=traffic, ~ commerce
DD, or communication among the Bev-
State and any place outside .thereof ;
.olumbia, or;a possession of .the Unit-
rots in_the Game State .bat: through a
affecting`conimerce"'means any ac-
ry in commerce or in =which a labor
ch. 21 CIVIL RIGHTS 42 ? 2000e
dispute would hinder or obstruct commerce or the free flow of
commerce and includes any activity or industry "affecting com-
merce" within the meaning of the Labor-Management Reporting
and Disclosure Act of 1959, and further includes any govermen-
tal industry, business, or activity.
(i) The term "State" includes a State of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, Wake Island, the Canal Zone, and Outer
Continental Shelf lands defined in the Outer Continental Shelf
Lands Act.
(j) The term "religion" includes all aspects of religious ob-
servance 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 employ-
er's business. ~ ? .~ -
(k) The terms "because of sex" or "on the basis of sea" .in-
clude, but are not limited to, because of or on the basis of preg-
nancy, childbirth, or related medical conditions; and women af-
fected by pregnancy, childbirth, or related medical conditions
shall be treated the same for all employment-related purposes,
including receipt of benefits under fringe benefit programs, as
other persons not so affected but similar in their ability or ina-
bility to work, and nothing in section 2000e-2(h) of this title
shall be interpreted to permit otherwise. This subsection shall
not require an employer to pay .for health insurance benefits for
. abortion, except where the life of the mother would be endan-
gered 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 abor-
tion benefits or otherwise affect bargaining agreements in re-
gard to abortion. -- . _ ? ~ - _ ? _.. --
Pub.L. 88-352, Title VII, ? 701, July 2, 1964, 78 Stat. 253; Pub.L.
89-654, ? 8(a), Sept. 6, 1966, 80 Stat. 662, ~ Pub.L." 92-261, ? 2, Mar.
24, 1972, 86 Stat;;103; Pub.L. 95-555, ? 1, .Oct. 31, 1978, 92 "Stet.
2076; Pub.L: 95-598, Title III, ? 330, Nov. 6,1978, 92 Stat. 2679.=.=~~~
- i'-_ "_ Historical Note _ ".~` - ~` ~ ,, ,:',~~.;
Sererenose fa Tszt. ?.The National La- 8 (section 151 et seq.) of Title 45,-Rail-
bor Relations Ack as amended, rrterred roade.:._For `complete .classification _of
to in snbsec. (e) (1), _ is Act Jnly 5, -1995. this Act - to the .Code, see section 151 ,of
t 372, 46 Stak 452r as amended. which fe Title 45 'and ?Tables :~olnme. ey's +:es;1
elaasifled seaerally to subchapter II (sec- .?. _~ *,"' ~ - ~ _ : - ....-.. -
' The Labor-MansSement ~Reportin8 and
lion 151 et seq.) of chapter t of Title 29, ~,'Dlscloiure __Act of 1966. referred "to !n
..Labor. For complete ciaadticatioa of this =inbsec. ~(h)...14 -pab.L. ad-2s7,.~.8ept:''14.
=set to the Code.' fee KcHoa ' 167 of Title '~. 73 ' Slat. _ ~b19, ". which _ is ?classltfed
26 and Tables~olnme."~-J:a .i.;::~:`>:< _-yrlncfpally to _chap>xr.u,(eectioa-401 et
fanisatlaY ._...,_ =r ..._..._...'ti
(f) As used in this subchapter, the phrase "unlawful employment
practice" shall not be deemed to include any at:tion or measure tak-
en by an employer,-labor organization, joint labor-management com-
mittee, or employment agency with respect to an individual who is a
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42 ? 2000e - 2 PUBLIC HEALTH & WELFARE Ch. 21
member of the Communist Party of the United States or of any oth-
er organization required to register as aCommunist-action or Com-
munist-front organization by final order of the Subversive Activi-
ties Control Board pursuant to the Subversive Activities Control
Act of 19b0.
Natloaai oeearit7
(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 per-
formed or is to be performed, is subject to any requirement im-
posed in the interest of the national security of the United
States under any security program in effect pursuant to or ad-
ministered under any statute of the United States or any Execu-
tive order of the President; and
(2) such individual has not fulfilled or has ceased to fulfill
.that requirement. _
?; Sealozlt7 or merit s~~temi goantlt~ er gaall
t7 of Drodactioai ,?,
abUlt~ teotot eomoenostloa base8 ea oez sad antlorlaed
>.~ mialmam walla Oto~lsloao _ , _ .
(h) Notwithstanding say other provision of this subchapter, it
shall not be an unlawful employment practice for an employer to ap-
ply different standards of compensation, or different terms, condi-
tions, or privileges of employment pursuant to a bona ?fide seniority
`- ` or merit system, or a system which measures earnings by quantity
i ~ or quality of production or to employees who work in different loca-
- tions, provided that such differences are not the result of an inten-
tion to discriminate because of race, color, religion, sez; or national
origin, nor shall it be an unlawful employment practice for an em-
~: ? to er to 've sad to act u on th
i lc ; , p y gl _ p e results of any professionally?de-
i veloped ability test provided that such test, its administration or ac-
_ } ~ ' tion upon the_ results is ? not designed, ?~intended of used to discrimi-
~!! nate because of race, color, religion, sea or national origin. ?It shall
~_ + 1 not be an unlawful employment practice under this subchapter for
+ ~ any employer to differentiate upon the basis of sea in determining
' the amount of the wages or compensation?paid or to be paid to em-
:~ f ployees of such employer_if such differentiation is authorized by the
~.~ provisions of section 206(d) of Title 29, ~ -'-';,; ~'"` _? `_ ' "
- - -~t4 ....;fr. -. ?s.s - ,
~; _ Ba~lawea oe eaterorisea eztea8las ~refereatlal treatseit to Iaalaa~
s - -.(i) ? Nothing contained in this subchapter shall apply to any busi-
~:' : nesa or enterprise on or near an .Indian reservation with respect to
any
tarp.
vidu
(J
regt
join
gra.
tau
divi
res-
colt
far:
lab?
bor
or
per
ori:
av~
Pu
92-
B
Act
in
102
fle?
~i
an~
sit?
Sh
nn
Na
Pu
ca:
en-
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HEALTH & WELFARE Ch. ~21~
-. -~~_-
3ter 89 8 CiOmmunlat-SCtIOII Or ('Am-~''=~;?~
sal order of the Subversive Activi- ',;
the Subversive Activities Control
.ceaelty -- .. =
provision of this subchapter, it ~.
yment practice for an employer to` '.
any individual for any position, for -".
dividual from any, position, or for
~~r refuse to refer any individual for
for a labor organization to fail or
pr employment in any position, if _
~ position, or access to the premises
~f the duties of such position is per-
is subject to any requirement im-
~e national security of the United
Fogram in effect pursuant to or ad-
'p of the United States or any Ezecu-
'snd
dot fulfilled or has ceased to fulfill
pwtltT or Qaallt7 of oredaetioat -
^ laaci oa aez sad aatlorlaed
~walre Ito~Lleaa - - . _. -
er provision of this subchapter, it
sent practice for an employer to ap-
enaation, or different terms, condi-
nt pursuant to a bons tide seniority
itch measures earnings by quantity
lployeea who work in different loca-
aces are not'the zeault of an tutee-
'ace, color, religion; eez; or national
ful employment practice for an em-
he results of say professionally de-
t such test, its administration or ac-
igaed,~~inteaded or need to ~discrimi-
ion, set o'r~iiational origin: ~It shall
practice under?thia 'subchapter for
wn the basis of aez in determining
peneation'paid or to'be~paid to'em-
differentiation is authorized by the
~ ~sefereatlN treatsaeat ti Iailsaa
,,,
subchapter-.shall apply to any bnsi-
~ Indian reservation with respect to
CrviL RIGHTS 42 ? 2000e-2
Ch. 2I
any publicly announced employment practice of such business or en-
terprise under which a preferential treatment is given to any indi-
vidual because he is an Indian living on or near a reservation. .
Psefcreatlal treatment sot to >k sraated oa aecoaat of ezlstlat _ ,
aambee se yeeeeatas;e tmhalaaee
(j) Nothing contained in this subchapter laborborganizationa or
require any employer, employment agency,
joint labor-management committee subject to this subchapouer.bteo
grant prefeee=acel colorsel'giona ses,norl national origin o~ uch in-
cause of th ,
dividual or group on account of an imbalance which may exist wit
respect to the total number or percentage of persons of to erare-
color, religion, sea, or national origin em any eemployment agency or
ferred or classified for employment by
labor organization, admitted to membership or clsasifiedrenticesh'p
bor organization, or admitted to, or employed in, any app
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.
Pub.L. 88-352, Title VII, ? 703, July 2, 1964, 78 Stat. 25b ; Pub.L.
92-261, ? 8(a), (b), Mar. 24,1972, 86 Stat.109. _
- Historical Note _ ,
References to Test. The Subversive Snbsec. (c) (2) licaats ? for membership,'
Acariaes Control Act of 1950. referred to added "or .app
- ..__. .? .am n. following "membership". ?
pac
1024, Title I. 84 atat. sesr, wnucc ,. ~?---_ --?--??__ ??-v,. ~.,..__ - f
I (section
fled pzlncipall7 to snbchapar
791 et segJ of cIIapter 2S of Title 60, War
and Naaoaal Defense. -For complete clss-
sitipaon of this Act to the Code. see
short Title of Subchapter noaW>~ ~~
ender section 781 of Title 50,
Naaoaat Defeaae, and Tables volume.
1971 yneadment. ~ '. 'Snbsec. ? (a) (2).
pnb.L. 9?~2d1. ~i 8(a).? added "or aPpll-
pea for employy-ent" - followlai his
employees" _... ~.rt ~ ' . __ .. ,. ~-cam
'-. ~ - -r..~s
Pnb.L. 89-3'iZ. see oac .- -- of this
Date note ender secaon 2000e __
tltie. ... .. - _ , - - -.
yeBtstattve $istery. J-'For aegielaave
history and Purpose of Pnb.L. 99-552. eee
1,98! II.a.Code Cong. sad Adm.News. 8.
? Pub.L. 92-~
also
~ II'
See
.
.
2335. .
21ST
Code Coag. and Adm.News, p.-
- -_ '~`I3bru9 References _ ? ~. _z--'?.? ":'~" {
10 to 9.14. ,:::r:?e : C.I.S. Civii Rigna ii_ 5? ~~'~ ~' ~
Civil Rights ~ ,_ A9, ~, 71 to 73. _ ~ _
_i'::. _-,.._-._,.-=.~5.:.:,`7__. ..rte __..'.P. 53?S~?:'.
-1 ., 311:? Rations '.: t4Y .~~3' e !
a:..s 3 -
-::~ R.t :~ ~ ~:- ~ Code of Federal ~;. ->.-.:: =-,.:: a
- ~ ;;-:,,K: ~'"`^~- ~`:-? rat Opportunity Commission.~:~_.-,-.~ 9i`Y.,:?_:._~^-~uty
.~(inideiiaes o1 Egaai EmDloym 1608.1 et seq. _ -._ .;.. ,-,_ ~~~ '.''.a rc_Z~S
,,;,At[lrmative acaon. see ~ ~. see 29 CFB 160'1.1 et seq,~ ~- ..:-?;~, ?.s -~...s?.r..';,
Employee seiecaon proccd - ? ? `' ~ e:-a.a-.
_Nationai origin, see 2D CSR:1606.1. :. ...~.,..;,, ~ iwa ' .
29 CF8 1606.E -ea,: - ~- 'c- ; :. - ::~:.s~.:..-y=.c>?
an .~?
_ 8ez,~see T9 CFB 1604.1 et sep? ~:- y ''. - =~-`.'~ ~ ''- _ _~.. _ -_
ltcabiUty. ice 12 CFR 6'18.1 et sM? ,;.__ .~....T._-.sow .
.:Lola services, app _ . ... - - ._ .. ,
7fi
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HEALTH & WELFARE
1 union -dues oe egnivaleat. _Coop~~?
b3S- F.2d 388, :.rehearing denied;
~f , foregoing actual membenhlp, - ~d
reasonable effort to accommodate ~iil{%
glows beliefs of Se-eath Day Adveatlit
employee against supporting or
ntfag to labor orgtnlutloas when -tbq
tailed to accept employee's oche b
Hate amoant of nnioa does to aontell`;
pions charity in return foe waiver of nn~
Corp., 1).C.WIa.1980, 489 F.llnpp_9
Dtreharged employee established pelota
facie ease of unlawful discelmiaadoa h
ing that, to Seventh Day Adventlat,.Y
held dncee~e belief opposing membetal
resolve
By V
as Pre
Constt
States,
lion I
]9807)
the At
ate pc
707 of
aectio:
1-L
ne7
1-10
Nlnmt
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eral failaV
the duty of
sting chief in
_
Late a Judiee is
event that noo1Jn
the case, the chi
s the case may
rcuit (or in b4_ a
ignate a diet i
the case.'
ge designated- pm
ing at the earylisi
ry way expedited:
N
functions by Cos
arch 24,-1972,-1he
on shall be tansfr
onnel, property,5
allocations; -and
to be made available
e President tit
nization plan pi
the provisions, of
such functions-In2 -a
rc,&'j'
ection.
one provided for In su
aced pursuant to_this`!
decrees shall remain in
fed as a party for the`Uniti
I or the Acting Attorney:
Investigation and action by Coassatsslou Pursuant to thins of
of dl.cAsslnationi procedure
_ i Subsequent to March a 2 4,1 a chars of a pattern or practice of
termination, whether Hies by o eh such ac-
aggrieved or by a member of the Commis All
set forth
ti shall be conducted in accordance with the procedures
section 2000e-5 of this title.-----
.__ly n 1964 7R Stat. 261; Pub.L.
1~ 88-303., 11bac ?aar a --_ - -
61, ? 5, Mar. 24, 1972, 86 Stat. 107.
f an`%?-h
or~tt
WA
the
nine'lsnc
to a Ign,
1rtici~~e'~]
e .case, ?to~,
gment oft
EXECUTIVE ORDER NO. 12086
June 30, 1978. 43 F.R. 28971 =
TRANSFER OF CERTAIN FVNCTION3 TO ATTORNEY GENERAL
ti
A.- section 2000e-1 of this
note on
By virtue of the authority vested in me as a as President of the United States by the tie] shall become effective on Jail 1,
Constitution and laws of the United 1878
States, including Section 9 of Reorgaatsa i-loL The functions transferred to the
elan Plan t 1978 (43 'FR . Attorney General by Section 5 of Reor-
ganization plan Number 1 of 1978 net
t
nW) ..n,e~ of this r._-.. in order to clarity out as a note under section n 7l900e ~of
the Attorney General's authority to Will- this title] shall, consistent with Section
ate ti nder election 707 of Title VII of the Civil Rights Act of
1961, as amended [this section]. be per-
formed to accordance with Department of
section], it Is ordered as follows: Justice procedures heretofore followed
1-L section 797 Functions of the Attar- under Section 707.
any General. -Jnoti cas'rss
2-10L Section 5 of Reorganization Plan .,,
Number 1 of 1978 (43 FR 18897) isetut
Library References
_- = C.JS.CIvn Rights 11 175. 176
civil Rights 4=131L
storical Note
Historical Note pLtIon r, transferred to the Attorney
were transferred to the Attorney
, tton, !7S Amendment. SubneC . (c) to (e)? General De exercised by him In ac-
.. o9-gin added subset ubset,. (c) to (e). ce with procedures consistent with
ftteetive Date. Section effective one this suuc...v---. and inIIC?
dear after July 2, 1961. Bee section 716 of General authorized to delegate any
out as an Effective tion under this section to any officer or
as, hp, section 2000e of this ti- employee of the Department of ut
Date y note 88-352 under R.
by Reorg. Plan No. 1 of 1978, S 5
92 Stet. 3781. set out as a note on.
Teanrter of Functions. Any function 19807, at the Equal Employment Opportunity der section 2000e-4 of this title.
,.._., at tits- attorv: For legislative
etament, or political snbdivisi0ns ??- 1964 u.a.Code . an
ti.`3?
this section, and all necessary function 2= See, also, Pnb.L. 92-261, 1972
related thereto, including investigation' Code Cong. and Adm.Newa. p. 2137.
resolves the matternwitho ut contested yliU-
Number 1 0
.__. out a note under section
public sector litigation n
707 of Title VII of the Civil Rights Act of
1964, as amended (42 Q.S.C. 2000e-6) [this
.
CIVIL RIGHTS
42 ?2000e-6
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is
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U
2000e - 6 PUBLIC HEALTH.& WELFARE
ty t
Stat
V.u 1
ey (} neral's functions had been trans.
erred to Commission so that his authori-
ring the suit had ceased. V. S. v.
of N. C., C.A.N.C.1978, 687 F.2d 625,
orari denied 99 $.Ct. 2B2o_ an
nA
69. Remand
In suit under this subchapter, district
court on remand should Immediately en-
Pub.L. 88-352, Title VII, ? 708, July 2, 1964, 78 Stat. 262.
? 2000e - 7.
Effect on state laws
Nothing in this subchapter shall be deemed to exempt or reli'
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 per..
mit the doing of any act which would be an unlawful employment
practice under this subchapter.
Effective Date. Section effective Jul ^.+ ?.
2, 1961, see section 716 of Pub.L. 86-33=.y history ta and d Legislative, purpose o of f ter Forlegislative
Pub.L. 88,52, see -1
set out as an Effective Date note under 1964 I7.S.Code Cong. and Adm.News, p.
section 2000e of this title. 2355.
Civil Rights 43=2.
States X4.14.
Ilbrary References
C.J.S. Civil Rights 11 2. 4 et seq, 17.
198.
C.T.S. States 124.
Generally 5
Mandamus 4
Purpose I
Validity of particular state laws 2
could be declared Invalid only if it was
In conflict with this subchapter. Hays v.
Potlatch Forests, Inc.. C.A.Ark.1972, 486
F.24 1081.
Neither this ' subchapter nor Fair Labor
Standards Act of 1938, section 201 et seq.
of Title 29, have preempted state regula.
tlon or Imposition of state remedies for
employment practice violations arising
out of same circumstances. Davis v.
Jobs For Progress, Inc., D.C.Aris.19T8,
427 F.Supp. 479.
This section is intended to save those 7F-e- - I it
state laws which aim at
preventing em-
ployment discrimination and not state -'
laws which purport to require what Is an
unlawful employment practice under this
subchapter. LeBlanc v. Southern BdI
Tel. & Tel. in D C Ia 1971
3
Join present policies and practices
wb%
w
ere discriminatory or which, no Matte;
bow neutral In appearance,
effects of past discrimination and abft4
promptly formulate effective affirmet,.
injunctive relief to extent ,that it -fp "
present effects of past discrimiaattoi?d
8. by Clark v. Dillon Supply Co., n 'r' III
0.1970, 429 F.2d 800. ?a . i
.
33 F Sapp- _~;:y
L Purpose
602. affirmed 460 Fad 122& certiorari de-
In enacting this subchapter, Congress "led 93 S.Ct. 320, 409 U.S. 990, 34 L.Zd.2d
disclaimed any general preemptive 257.
''3?
and Ark.Stats. I 81-801 . .. , . . - e ' ?
time requiring over. :-Congress by passage of this subchapter
pay to female employees who intended to supersede all provisions ofs
worked In excess of eight hours per d
of an act which constitutes unlawful em_
ployment practice under this subchapter
or .which are inconsistent with any pur-
pose . of ,this subchapter. jtidinger~ ~. `
tkaeral 3tot'or.i"C
r
o
p., b.C.ohio 1971, 3Z;1
F.S"pp- ? 1089, reversed `an other -grounds
474 F.2d 949.
al
''Purpose of this -section is to .insure
preservation of state laws which parallel -
this subchapter . in prohibiting employ.
meat discrimination. . Local 246, Utility
Qt. 21
southern
1970, 320
This F
nullify Ir
tective 1
Bell Tel.
supp. L'
part on
This r
this sul
empt or
bility, c:
vided b
porting
any act
ploymer
was deF
state at
intende'
laws.
or. 19i:
2. Gen.
This
of stat
two at
state at
chapter
nation
for pre
of Judi
warren
displac
Shehad
Co. of
U.S.Ap
$tatt
presen
sumpti
form C
tins o
factor
v. Be:
Sapp.
.. Sect
trict
broug
emplo
tabus:
suits
der tL
Inc. V
Sapp.
-Alt1
has c
law a
nancy
plan,
similt
the d
unlav
eral 1
Baehr
Ratio
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CIVIL RIGHTS 42 ?2000e-7
ra California Edison Co., D.C.Cal. tbTh onbcdapteralareunotd ci trollingder
~+p g Rapp? 1202? construing state's acts against discrimi-
nation, such decisions are of persuasive
~anbchapter was not -intended to
ar limit application of state Pro- precedential value. McCabe T. Johnson
legislation. Weeks v. Southern County, Bd. of County Com'rs, Kin?APP.
? !Tel. Co., D.C.O rev. 277 F. 1980. 615 P.2d 780.
u7. affirmed is pert, . reversed in
other grounds 408 Fad 228. L Validity of particular state laws
section specifying that nothing in Michigan female protective statute pro-
a ter eball be deemed to ex- vides no defense to an action under this
or relieve relieve any Person from any subchapter. Kreitner T. Bendix Corp.,
duty, penalty or punishment pro- D.Cr111eb.1980, 501 F.Supp. 415. - from 1!a-
by state law other than a law pur-
g to require or permit the doing of Employer would be Immune
act which would be an unlawful em- bility under this subchapter for back pay
yment practice under this subchapter for denial of rights of women to equal
f~as designed to preserve effectiveness of opportunity With that state statute lime
ate antidiscrimination laws and was not pay during period
Mended to preserve female protective iced working hours of women In mann-
aws, Jones Metal Products Co. Y. Walk- factoring or mechanical establishments, if
1927. 281 N.E.2d 1. 29 Ohio St-2d 173* employer made bona fide decision to
comply with state statute in reliance on
interpretation of Commission that state
1. Generally
':: This subchapter envisions coexistence protective laws regarding women were
of state and federal remedies when the unaffected by and constituted exceptions
deferral to to federal law. Stryker V. Register Pub.
two are compatible; while
Co., D.C.Conn.1976. 423 F.Supp-
Mate authority is authorized this sub- West's Ann.Cal.Labor Code. if 1197.5.
~ by `chapter in n certain employ ploy mennt tdiscrimi-?
-iatlon cases, State's generalized concern 1350, 1350,5, relating to maximum hours
for prevention of torts and its provision and overtime pay for female employees.
of judicial remedies simply to that and and California Industrial Welfare Com-
warrants neither preliminary deferral nor mission's order regulating employment
displacement of this subchapter coverage. and compensation of women are In con-
filet with this section and are therefore
Shehadeh T. Chesapeake and Potomac Tel. Co. of Maryland, 1978. 505 F.2d 711. 193 invalid. Homemakers, Inc., of Los D .C.
Division of Indus. welfare.
C.S.App D C. Ftd. lea T.
csia 3, 358 F.SupP. 1111, atflrmed 509
State protective statute does not F.2d 20, certiorari denied 96 S.Ct. on. 423
present a per -so exception to the Pr*- U.S.1063, 48 L.Ed2d 055-
samption that retroactive relief in the State regulation requiring rest breaks
time form of of back
unlawful pay should
discrimination Paid but t is >e t a for women was contrary to objectives of
factor to weigh in the decision. Sreitner this subchapter and was Preempted virtue of
V. Bendix Corp.. D.C.Mich.19811, 501 F. provisions of this subchapter by
-Const Art6 cl. 2. Burns v.
Supp. 415. - - L' K.C.A. Section MOD" of this title giving dis Bohr Corp.. D.C.Cal.1972. 346 F.SapP. 904?
040 limiting 'workin
tract courts Jurisdiction over actions P.A.M.S. i 290.g
brought by aggrieved persons alleging hours of female employees in certain in-
employment discrimination does not es- duxtrles, including transportation and
tablish district ict court jurisdiction over common carrier industries. a hours violated
suits to declare state statutes invalid un- per day and 54 hours Per
dim the preemption provision. Wiggins" provisions of this subchapter- 0. Vogel V.
Inc. T. Fruchtman. D.C.N.1C.1979, 482 F. Trans World "Airlines.
Supp. 661, ai firmed 028 F2d 1346? -.:? F.SupP- 805 _
Although United States Snpteme Court To extent that B.C. ii 410:.43, 4107.46
Us construed federal antidiscrimination restricting and regulating employment of
females is workshops and factories of
law as not requiring inclusion of Pr'es- aaacy.related disabilities in a disability._ state were in conflict with this subehaP'.
Plan, giving a contrary interpretation to ter. they conflicted with and were an-
similar state statutes would not require pereeded by this subchapter and. by vir-
the doing of any act which would be an tue of U.l.C.A.Const. Art.-16, el. 2. were
unlawful employment practice under fed. void and of no force and effect. Btdin-OhIO
sral law. Massachusetts B7ec Co. T. Xas Ser is l 1. 32-3 F.Su3PIP? Motors reversed on other
sachusetts commission Against grounds 474 F2d 949.
nation
nation, Masa.1978, 375 NJL2d 1192
893
hall be deemed to e
duty, penalty, or punis
_
f any State or political z
w which purports to -req
my 2, 1964, 78 Stat. 262.
474 F.2d 959.
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43 P.S. 11 103 et
seq., 951 et seq., Ingo. ing and selling It, by making it a misde-
far as they regulate hours of employment meanor to employ certain female bartend-
of females, conflict with this-subchapter ers falls within exclusive powers of
and, under U.S.C.A.Const. Art. 6. el. 2, states to regulate distribution and sale of
this subchapter prevails; thus, failure to liquor within their borders, insulated by
hire or promote females, to positions for U.S.C-A.Const. Amend. 21 from restric-
which they are otherwise qualified, on tions of U.S.C.A.Const. Art. 1, 1 8, el. a,
basis of sex Is a violation of this sub- and, therefore, cannot be invalidated by
chapter, despite any provision of Penn- this subchapter, assuming a conflict witht
sylvania law regulating hours of work of same. Krauss v. Sacramento Inn, D.C.._.'.
women. Kober v. Westinghouse Elec. Cal.1970, 314 F.Supp. 171.
Corp., D.C.Pa.1971, 325 F.Supp. 467, af-
firmed 480 F2d 240. West's Ann.Labor Code, If 1250-1233,
limiting West's Ann.Labor Code, 1 12'51, against not violate this subchapter if there Is does
or permitting any female em- tional basis dependent upon other factors
under section .2000e-2 of this title since than men. Atengelkoch v., Industrial Wel- - '-'
sex was not a bona fide occupational fare Commission, D.C.Cal.1998, 284 F.
qualification for weight-lifting restriction Supp. 959, appeal dismissed 89 S.Ct. 90,
within exception to th
t
ti
'
a
sec
on
s general 393 U.S. 83, 21 L.Ed.2d 215, rehearing de-
prohibition against discrimination on the nied 80 S.Ct. 443, 393 U.S. 993, 21 L.Ed.2d
basis of sex, and such section 1251 was 458.
Invalid under U.S.C.A.Const. Art. 6, Cl. 2.
Local 246, Utility Workers Union of Enforcement of R.C. If 4107.42, 4107.43,
America, AFL-CIO v. Southern California 4107.48, requiring employers to provide
Edison Co., D.C.Cal.1970, 320 F.Supp. 1202. seats. lunchroom facilities and meal peri-
ods for female employees and compelling
Ark.Stats. 1 8101 forbidding hiring of employers to refuse to employ a female at
workman for particular job or under cer- s
a? .
pe
specified
ditto
number o hours against an em-
section
2 of this title providing that
she must be hired for that job or In pioyer engaged in industry affecting In-
terxtate
commerce who employs 25 or
those conditions if she Is otherwise
il
ore a
. m
qua
fled and wants to do the work. Potlatch more employees for each working day in -
each Forests, Inc. v. Bays, D.C Ark.1970, 318 of 20 or more calendar weeks is In-
Forests, with principle of nondiscrimi-
F.Supp. 1368, affirmed 465 P.2d 1081. nation contained In section 2000e-2 of this
S.H.A. ch. 48, 1 5-8.1, was repugnant to title; thus. R.C. 11 4107.42, 4107.43, 4107.46
this subchapter and void and of no force are Preempted by virtue of U.8.C.A.Const.
and effect as to each of the plaintiff em- Art. 6, cl. 2, and implementing and penal-
ployers where such section 5_&1 required ty provisions of R.C. If 4107.48, 4107.49
each employer to discriminate against In- are of no further force and effect. Zones
dividual employees with respect to com. Metal Products Co. v. Walker, 1972, 281
pensation, terms, conditions and privi- N.E.2d 1, 29 Ohio SL2d 173.
loges of employment because of their sex,
where it also required each employer to 4, Mandamus
limit, - segregate and classif
It
y
s em-
Ployees so as to deprive such employees Whether this subchapter section 209
of employment opportunities because of of Title 29, requires employers to bring .`
their sex, and where, in addition such male employees 'up to minimum stand-- --yam
section 5-8.1 set unreasonably low stand- ards which state law fixes for female
ardt for employment of women. Cater. workers is interpretive and enforcement
pillar Tractor Co. v. arabiec, D.C.I11.1970, problem for federal agencies and not for _._
317 F.Supp. 1304. court In mandamus action to compel ou-
c forcemeat of orders of Industrial Welfare -
West's Ann.Bus. & ProtCode, 125656, Commission. . Rivera v: Division of In- _
.regulating an incident of the retail we "dustrial Welfare, 1998, 71 CaLRptr.;139,
of liquor, namely, sex of persons mix- 296 C.A.2d 578 a ~.r =_'er
Ezaaiaatloa and eopyfag of evidence related to nalawful - -..~- -
emplo7asent practices
(a) In connection with any investigation of a charge filed under
section 2000e-5 of this title, the Commission or its designated repre-
sentative
poses of
son being
employm,
the chart
Cooperath
meat
other
burse
(b) T:
charged
laws and
carrying
within t
purpose,
projects
the sere
standing
went su,
list the
ance of
written
agreeme
shall ref
specifie,
relieve
requirer
scind ar
ment nc
subchar
Executlo:
train
for i
eoml
" '(c) E
subject
evant t.
tices hz
for suc-
-mission
as yeas'-
subchal
sion sh
and joi
which c
tarn an
poses c
plicant
chrono
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West's Ann-Labor Cody,
limiting hours of work ter-
not violate this subchapter
tional basin dependent n
than sex for treating women
than men. Mengeikoch v lades
fare Commission, D.C.Cal
Supp. 058, appeal din
Inland
s~
393 U.S. 83, 21 L.Ed2d 213, 'tell
pled 8D S.Ct. 413, 393 U.B. I95
458. +
Inso.
oynment
hapter
el. 2
lure to
vas for
ad, on
s sub.
Penn-
ork of
Elec.
VT. af-
gainst
a am-
valid
since
tional
action
!Deral
-a the
was
el. 2.
a of
?ernia
12262.
ag of
eer-
e of
that
'r in
aau-
latch
318
states to regulate distrlb
signor within thei b
rord
U.S.C.A.Const me =
same. Krauss v. - gager
0.1 10-A -. n. _
seats. lunchroom facilities and
Oda for female employees and
terstate commerce who empisy
more employees for each working.
each of 20 or more calendar wel
rict. N.E.2d 1, 20 Ohio St.2d 1i3.
roes
of
ach
ad-
ter-
rTo,
nvestigation of a charge filed
Commission or its designated ialt
CIVII, RIGHTS 42 ? 2000e - 8
tative shall at all reasonable times have access to, for of th v eer-
!s oI examina, ion, --- - o -
being investigated or proceeded against that relates to unlawful
l ployment practices covered by this subchapter and is relevant to
ith State and local agencies administerluE State fair employ-
peration wo=neat practices laws; DarticIpatlon in and con .tbut i advance to researe or nI-and
-
(b) The Commission may cooperate with State and local agencies
. _ s na-i_ t-:_ ...-...1..1....nn? practices
,eiargeu with he ose of
his and, with the consent of such agencies, may, for the purp and
prryin
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, notwith-
standing any other provision of law, pay by advance or reimburse-
_ment such agencies and their employees for services rendered to as-
sist rue. Comm....,..... in ----- -
ance 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. re-
scind any such agreement whenever it determines that the agree-
ment no longer serves the interest of effective enforcement of this
subchapter.
Execution. retention, and preservation of records; reports to Commissioat
training program records; appropriate relief tram regulation or order
for undue bardskip; procedure for exemptions Judicial action to Compel
compliance
(c) Every employer, employment agency, and labor organization
subject to this subchapter shall (1) make and keep such records rel-
evant to the determinations of whether unlawful employment prac-
tices have been or are being committed, (2) preserve such records
for such periods, and (3) make such reports therefrom as the Com-
mission 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 Commis-
sion shall, by regulation, require each employer; labor organization,
and joint labor-management committeeI subject to. this subchapter
Which controls an apprenticeship or other training program to main-
tain such records as are reasonably necessary to carry out the pur-
poses of this subchapter, including, but not limited to, a list of ap-
plicants who wish to participate in such program, including the
chronological order in which applications were received, and to fur-
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ru13L1C HEALTH & WELFARE Ch. 21
nish to the Commission upon request, a detailed description of the
ticeship 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 r
lt
esu
regulation or order, and, if such application for an exemption is de- War
d
istrict where such records are kept. If the Commission or the
tion or order to the employer, employment agency
or labor organiza-
,
tion 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 busi-
ness, 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 or-.
der requiring him to comply.
Consultation and coordination between Commission and Interested State and
Federal ageneles in prraerfblag seeordkeeplag and reporting require-
ments; availability of information turnlabed pursuant to reesrdkeeniar
(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 re-
quirements 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 prac-
tice law information obtained pursuant to subsection (c) of this sec-
tion 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
d
l
may
ec
ine to honor subsequent requests pursuant to this subsec-
tion.
P'roklbited disclosures$ penalties J Y
(e) It shall be unlawful for any officer or employee of the Com-
mission to make public in any manner whatever any information ob-
tained by the Commission pursuant to its authority under this sec-
tion prior to the institution of any proceeding under this subchapter
involving such information. Any officer or employee of the Com-
mission who shall make public in any manner whatever any infor-
mation in violation of this subsection shall be guilty of a misde-
meanor an
$1,000, or i
Pub.L. 88-
92-261, ? 6
1912 Amend
92-281 added
Commission
to the cost of
undertaken I.
and provisio:
Sion to make
and local at.
for services
and struck
agreements I
State and lo
vate civil act
this title In S
Subsec. (c
"Except as i
this section,'
employment
tion subject
required the
to bring an
only after tt
plication tot
provision w'
pion. or the
Involving a
a court orde
the reeordki
tions set out
Subsec. (c
provisions r
Civil Righ
'Proceeding=
Production
Availability
Becordkeep
Uniformity
-rte
C.mpilatior
:eta s
Complaint
Coastltatlo.
Construetie
Cosa Ei
Defenses t
Disclosure
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-
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tents pursuant to subsection
shall consult 'with other Anti
shall endeavor to coordinate:
by such agencies..The_
without cost to any - State'Or,
istration of a fair employment
rsuant to subsection (c) of tl
ant agency, labor_organisil
ttee subject to the jurisdici
shall be furnished on condition
pient agency pri t the
oro '_
o cal law involving such info
a recipient agency, the Co
t requests pursuant-to this
r peaaitiea . wr
ny officer or employee of.thei.,11
nner whatever any informatia
ant to its authority. under this
y proceeding under this subchi
17 officer or employee of the I
in any manner whatever any L
ction shall be guilty of a m1
896
C HEALTH & WPELFARg
request, a detailed desc
selected to participate-.in
rogram. Any. employer,
r joint labor-mana$pj j
ation to it of any -regulatip
1-mption from the application
pe United States district con
Ids that the application of ah
ployment agency, or labor
an undue hardship, the Cc
be, may grant appropriate
_
with the provisions of this st
United States district ;
.?Jl;l
is found, resides, or transacts
of the Commission, or the ".X,
diction to issue to such person
&nor and upon conviction thereof, shall be flnea not more tnan
,000, or imprisoned not more than one year.
.L. 88-362, Title VII, ? 709, July 2, 1964, 78 Stat. 262; Pub.L
x-261, $ 6, Mar. 24, 1972, 86 Stat. 107.
;Commission to engage in and contribute
l, the cost of research and other projects
.adertaken by State and local agencies
aid provisions authorizing the Commis-
" to make advance payments to State
fad 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 pri-
vate civil actions under section 2000e-3 of
Subset. (c). Pub.L. 92-281 struck out
'Except as provided In subsection (d) of
this section," preceding "every employer,
employment agency, and labor organiza-
tion 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 ap-
plication for the exemption, and added
provision which authorized the Commis-
sion, or the Attorney General in a case
a court order compelling compliance with
the reeordkeeping and reporting obliga-
tions set out in this subsection. - .
Civil Rights 4tt34. C.J.S. Civil Rights If 180, 182,
rrucreurnga to Compel ulecu.err..a ,
Production of documents, request, motion and order, ace t! 3581 to 356E
Availability of records, aft 29 CFR.1610.1 at seq., 1611.1 et seq.
Uniformity of employee selection procedures, an 29 CYR 16071 et seq., , -
y Notes of Decisions At:-
, ~a-~ _._~c?_
Csmpilatioa or preparation of informs- Discovery and tarpeetioa
.lien ? :'.' ` " t : Generally .1L_
Persona entitled to maintain action I
Persons within section 5 -
Purpose a
Standing to one 7
Subpoenas, discovery and inspection
CIVIL RIGHTS 42 ?2000e-8
ordination between Federal and State
agencies in prescribing recordkeeping and
reporting requirements pursuant to
subsec. (c) of this section, and authoriz-
ing the Commission to furnish informa-
tion obtained pursuant to subset. (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
ployers, etc., which reflect the differences
in coverage or enforcement between State
or local laws and the provisions of this
subchapter, and dispensing with record-
keeping and reporting requirements
where the employer reports under some
Executive order prescribing fair employ-
ment practices for Government contrac-
tors or subcontractors.
Effective Date. Section effective July
2, 4964. see section 716 of Pub.L. 85-352,
section 2000e of this title.
Lexislative -Ristory. -For legislative
history and purpose of Pub.L. 86-352, see
1964 U.8.Code Cong. and Adm.News, p.
2355. See, - also, Pub.L. 9261. 1972 U.S.
Code Cong. and Adm.News, p. 2137. -- ---
11111111116_~ -_ ___Z
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1979, eldental Llfe Ina .CZ
Mt.M6 _ ere
tent Union was subject ta
lose meats with resoad a.ii
Its. employer notwithstandi~
ual named in charge' Dyd
Ion, Equal Rmploymeat
sed sion v. 3fae3flllan?? -go
Ct. Inc.. C.A.Ohio ]974,
In its investicatory
of sion is entitled to i.
m- Inc. V. . Equal Emp>oj
he Commii C
sson,.A-x
lal
?21
eosnection with Investigation of
faculty was not such as
M fcoltY employees
acoee compliance with subpoenas an
ome as long as information re-
ed was relevant and material.
Dal Employment Opportunity v. UnI-
iq of Pittsburgh, 1).C.Pa1980, 487 F.
p. 1pi1
yCommission. in subpoena issued In sup-
of proceedings against employer on
ployee 's allegation of employment dic-
tion through retaliatory refer-
es was entitled to require production
documents concerning sex and race
uscrImination; such Information was
,'`relevant for purpose of showing whether
employer had practice of retaliating
,against any person who filed employment
;dIscdmination charge. Equal Employ-
Cam, RIGHTS 42 ? 2000e - 9
went opportunity Com'n V. U. S. Fidelity
& Guaranty Co.. D.C.Md.1976. 414 F.SuPP?
227.
12. Costs
Even though this subchapter did not
explicitly provide for awarding of costs
when United States was prevailing party.
inasmuch an it did not prohibit such an
award, court did not err In awarding
costs to united States which successively
sued state to enforce compliance with
statutes and regulations of Commission
relating to filing reports furnishing race.
national origin, and sex of employees In
various job categories. U. S. v. State of
N. H., C.A.N.H.1978, 539 F.2d 276, certio-
rari denied 97 S.Ct. 641. 429 U.S. 1023. 50
L.Ed.2d 625.
2000. - 9. Conduct of hearings and investigations pursu-
ant to section 161 of Title 29.
For the purpose of all hearings and investigations conducted by
the Commission or' its duly authorized agents or agencies, section
161 of Title 29 shall apply.
.p bL. 88-352 Title VII ? 710 July 2 1964, 78 Stat. 264; Pub.L.
.92-261, ? 7, Mar. 24, 1972, 86 Stat. 109.
Historical Note {{ ``
1972 Amendment. Pub.L. 92261 subnti- Net out as an Effective Date note under }f y
toted provisions making applicable see- section 2000. of this title.
tlon 161 of Title 29 to all hearings and LesLLtlve (History. ' For legislative
Investigations conducted by the Commis- history and purpose of Pub.L legisl Nee
?
sion or its authorised agents or agencies im U.S.Cale Cong. and AdIn.News. p.
for provisions enumerating the invesucs- 2355. See, also. Pub.L. 92-261, 1972 U.S. j.j
tory powers of the Commission and the Code Cong. and Adm.hews, p. 2137. _ - + procedure for their enforcement-
.
Effective Dote. Section effective July
2, 1961, see section 716 of Pnb.L 88352.
Library References ~ it 41
t C'J.S. Civil Rights of IN. 182. 183.
Civil Rights X84
West's Federal Forms
.Administrative subpoenas, enforcement of. see 1 6004 et set'. - - ~,
Service of process, we i IMI et cep: =:~ z
+s~: _ r? 'V Notes of Declidons ;
. .~'~. ~eracif
"':..:. -t-cess to evideues i'ts+* ax ErsdtY and .a ve. demand for "eesss to Generallyr
..~: - _ :..
Breadth and seep. 13
Generally 1 Power at C.samissioe to 6984 '12
With other jaws ! -T-getting aside or modifying 14
Coots and fo" 22 Departmental .cope Of LvestigatI.n .. 6
Defenses. eatore. eat proceedings 17 DWeveq, enforcement peeeeedlnse
HEALTH & WELfr'
an - Under this subchapter: tai
Donnell Douglas Corp. *.,k
e- 1I1978
o.. 465 F.SuPp. 2.
in
U.
In employment "sex
y ployment opportunity,,,
v Packard Elec. Division.
I Reasonable cause for 'fbadt
Chrysler Corp.. C.A.Mo.1974, :m
Prohibition - against:'-,}
recting university to produce
papers, Involving personal.-
Ploye of commIasion'ftom'*aad W
any Information Obtained obi
Commission V. University .d (few
504 P.2d 1296
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2000e -10. Posting of notices; penalties
(a) Every employer, employment agency, and labor organization,
as the case may be, shall post and keep posted in conspicuous places
=,npon its premises where notices to employees, applicants for em-
ployment, and members are customarily posted a notice to be pre-
E! pared or approved by the Commission setting forth excerpts from or,
summaries of, the pertinent provisions of this subchapter and infor-
mation 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.
Pub.. 88-352, Title VII, 1711, July 2, 1964, 78 Stat. 265.
. 11.
Com-
Sys-
Upp.
losure
ce of
luiry?
Em-
D.C.
Rights of maaag
ln- disclose the contents '-[
Em- formation thus obtalee4
Provided penalties for'?
opment Agency, ,D.C.bto.2W-I1*
21. Isyaaetleaa
noncompliance with report ng
of section 2000e.4 of this tltle.
refusal to obey law. - Equal smpb_.
sops )tali.
Opportunity Commission V.
abuse of proeeao'1
E.._-, _
U.B. 030, 37 L.Tidjd iR
!m. OrderX
IA _ y surrounded
substantial controvers ---
.~: U. S. Steel Corp. v. V. S.. D.C.Pa.
.Where court was convinced that em; ployment Opportunity Commission. C.A.
0 court's order for production of rec-
. 1 and District Court's setting aside of Com-
*do for examination by Comm an on
joployer had not made case of irrepara- mission's request for evidence from union
rod ced and was final judgment and appealable. In-
GIs Injury it records were p u
Here six months had already. elapsed ternational Broth. of Elec. Workers,
Lo- b y U S Egnal Employ-
sues filing of original charge and public cal Union o.
Interest would best be served by requir- ment opportunity Commission, C.A.Pa.
be Immediate production, production 3968. 308 F2d 248, certiorari denied 80 S.
.. was .n. it a 1011. 21 L.Ed.2d 383.
CIVIL RIGhTS 42 ? 2000e-10
Cameron Iron Works. Inc. v. Equal Em-
ployment Opportunity Commission, D.C.
Tex.19iO. 320 F.Supp.1101.
!4. Review
Appeal by Commission from trial
court's denial of Commission's demand
that employer, charged with racial dis-
crimination in employment, produce cer-
tain documents was not, defective because
the appeal was taken from the memoran-
dum opinion instead of the judgment
where the provisions of the order incor-
the same de-
porated In the opinion had
Historical Note -- . :... _.. ... _ -
etfectlve July LeeislaNve History. For legislative
IKteeave Date. Section
2. 1864, see section 716 of Pub.L. 8-352, history and purpose of Pub.II 86-332, am
met out as an Effective Date note under 1964 U.S.Code Cong. -and Adm.News, p.
section 2000e of this title.--
Library References . " - .
,civil Rights x+0.10.14- 1CJ S. C1vil Rights 1150 at seq.. 303 + '
=a: - =^sI -T^" of Federal Regulation
!otices to be posted. see p:1:r n awa.w.
Notes of Decisions
.. %so eeswy - - skill of any
This subchapter does not require anion run a school to advance
to take any affirmative action other than group discriminated against prior to ef-
909
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42 ? 2000e -10 PUBLIC HEALTH & WELFARE Ch. 21
feetive date of law; it is not required to become competent to become members.
seek out Individuals in that group who Dobbins v. Intern. Broth. of Elec. Work-
may be competent for referral; nor is it erx, AFL-CIO, D.C.Ohio 1888, 292 F.Snpp.
required to seek out Individuals who may 4LA
? 2000e -11. Veterans' special rights or preference
Nothing contained in this subchapter shall be construed to repeal
or modify any Federal, State, territorial, or local law creating ape-
cil
i
ht
g
-
r
s or preference fort
veerans. .
Pub.L. 88-352, Title VII, ? 712, July 2, 1964, 78 Stat. 265.
Effective Date. Section effective July Legislative History. For legislative
Z, 1964. see section 716 of Pub.L. 88-3 2, history and purpose of Pub.L. 118-362, see
set out as an Effective Date note under 1964 U.S.Code Cong. and Adm.News,. p.
section 2000e of this title. 23115.
Armed Services 4C=M. C.J.B. Armed Services if 251, 284 to 287.
Civil Rights 4~=2. C.3.8. Civil Rights If 2, 4 et seq., 17,
198.
Agency action 2
Scope of section 1
e 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 proceding based on any alleged unlawful em-
ployment practice, no person shall be subject to any liability or pun-
,chapter was inapplicable to his policy of
only .submitting names of veterans for
appointment as members of the Board of
Veterans Appeals since this subchapter
applies only to agencies and he was
act-
2000e-12. ` Regulations, . conformity of regulations with
administrative" procedure provisions; reli-
ance on interpretations and Instructions of
.
_ Commission
?' (a) The Commission shall have authority from time to time to is-
sue, amend, or rescind suitable procedural regulations to carry out
th
Lz.r
nerman Y. Department of Youth Authori- cut, and his actions in appointing Board
ty. D.C.Ca1.19T7, Ogg F.Supp. 1273. . members therefore had to be viewed on
the merits as agency action without re-
2. Agency action
gard to the so-called presidential policy.
While the administrator of the Veter- Krenzer v. Ford, D.C.D.C.1977, 429 F.
ans Administration claimed that this sub- _ Supp. 499. =S?
not be construed to repeal or modify fed- _ policy, . the unsettled nature of , the
eral, state, or local laws creating special claimed :presidential 'directives -=under
rights or preferences for veterans. Ban- which the administrator acted was appar-
L scope of section ` .
Plaintiffs In Civil rights action under
this subchapter were precluded from at-
tacking veterans' preference In view of
provision In this section that It should
ishmer
an nn
act or
and in
missio
forma
and p:
good f
issued
tion.
procee
such i
mined
(B) a-
such l:
be in c
Pub.L.
CodUi
5 of Ti
Adminis
(a) on
1. 8S-b:.
tion 1 0
went Or
Effect
2, 1964,
Admir
4~=i
civil :
Affirms
Interpre
Snashin
Ammdn
Dlsquaii
Ouidelin
Injuneti
Iaterpre
LlabUit~
8egulat!
Ratings
L Gaid
Fact
subehar
mission
regalati
does nL
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HEALTH & WELT
ay M. ...
special rights or On
)chapter shall be cons
erritorial, or local laa
my 2, 1964, 78 Stat. 265:
rical Note
ly _ Legislative HL tort ` yI
er 1964 U.S.Code Cong. and
C.J.S. Civil Rights if 2.,4
of Decisions
chapter was Inapplicable to.~
only submitting names offartail
appointment as members of tJte'~
Veterans Appeals iinee `.tW
applies only to agencies tads _
tug pursuant to presidenUl!,
policy, the unsettled -?sat
claimed presidential ?di ecthas
11 which the administrator acted was
cant, and his actions In app6ts"-;2
members therefore had to bs
the merits as agency action ~rllll
gird to the so-called presi
Kremer Y. Ford, D.C.D.C
supp. 499.
as; conformity 4 ,rev'
taative procedure provisions
interpretations and instrui Ii
lion u. AL
,e authority from -time?to"time
procedural regulations t6 -a
er. 'Regulations 'isaiied nni
ith the standards and limits
:le 5.
based on any alleged Unlawfili
11 be subject to any liability Grp
E21 CIVIL RIGHTS 42 ? 2000e -12
~..
jbment for or on account of (1) the commission by such person of
a -unlawful employment practice if he pleads and proves that the
et or omission complained of was in good faith, in conformity with,
yid in reliance on any written interpretation or opinion of the Com-
v-,
~isslon, or (2) the failure of such person to publish and file any ln-
ormation required by any provision of this subchapter if he pleads
failed to publish and file such information in
t h
th
e
a
roves
find p =ood faith, in conformity with the instructions of the Commission
ued under this subchapter regarding the filing of such informa-
r
on. 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 deter-
ned by judicial authority to be invalid or of no legal effect, or
r) 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.
Pub.L. 88-352, Title VII, ? 713, July 2, 1964, 78 Stat. 265.
Historical Note
"Subchapter II of chapter set out as an Effective Date note under
l
oa
Caditicat
5 of Title 5" was substituted for "the section 2000e of this title.
Administrative Procedure Act" in subsea
(a) on authority of section 7(b) of Pub.
L. 8354, Sept. 6, 1966, 80 Stat. 631, aec-
vern-
G
5
o
,
tion 1 of which enacted Title
ment Organization and Employees.
Effective Date. Section effective July
2. 19ft aft section 716 9f Pub.L. 88-352,
Legislative History. For legislative
history and purpose of Pub.L. 88-352. see
1964 U.S.Code Cong. and Adm.News, p-
235.
Library References
Administrative Law and Procedure CJ-S. Public Administrative Bodies and
G=cei at seq. C.J.S. Civil Rights -is 178, 185.
Civil Rights 4=31.
Code of Federal Regulations
e action guidelines, see 29 CPU 1608.1 et seq-
tf
At!l
v
rma
Interpretations and opinions, see 29 CFR 1601.31 to 1601.33.
_- M Coca ?Mn et seq
.
Amendment of pleadings 7
Disqualification of member S
Guidelines 1
. Iaterpretations or opmions s . Llabinty or punishment 4 gross has declared shall have force of
-or to regulations which under ena-
_
? - - law
,
Rlti $
eguaons=anas+ 6 _ bling statute may themselves supply ba
. - -. I4.1.+1i-. General
i: Guidelines nied 97 S.Ct 823. 429 U.S. `1079 y5o L.Ed.
Fact that Congress, In enacting this 2d 799.
subchapter, did not confer upon the Com- -
mission authority to promulgate rules or Although Commission guidelines for
regulations pursuant to this subchapter employers seeking to determine, through
does not mean that Commission guide- professional validation studies. whether
determining legislative intent, but it does
mean that courts properly may accord
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 42 ?2000e-13 PUBLIC HEALTH & WELFARE Ch.
? 2000e -13. Application to
personnel of Commission
sections 111 and 1114 of Title 18; punish
ment for violation of section 1114 of Title
18
The provisions of sections 111 and 1114, Title 18, shall apply to o
ficers, agents, and employees of the Commission in the performance
of thoi....ff:.:..r
---e -~~ .... aaaviaa ul atmLUOns
111 and 1114 of Title 18, whoever in violation of the provisions of
section 1114
f
o
such title kills a person while engaged in or on ac-
count of th
e performance of his official functions under this Act
shall b
i
h
e pun
s
ed by imprisonment for any term of years or for life:
Pub.L. 88-352, Title VII,. ? 714, July 2, 1964, 78 Stat. 266; Pub.L. 92-
291 9 of
,. v__ .f. .
7..
_ _. -
-
9
8
References In Text. "This Act", re-
ferred to in text, means Pub.L. 88-452,
July 2, 1964, 78 Stat. 241, known as the
Civil Rights Act of 1964, which is classi-
fied principally to subchapters II to IX
of this chapter (section 2000a et seq.).
For complete classification of this Act to
the Code, see Short Title note set out un-
der section 2000a of this title and Tables
volume.
Commission and set forth punishment for
violation of such section 1114. a:?~
Effective Date. Section effective July
.2, 1964, see section 716 of PubL. _88.332,
net out as an Effective Date note under
section 2000e of this title.
1472 Amendment. Pub.L. 92-261 added 23.'I5. See, also, Pab.L. 92-201, 1972 U.S.
provisions which made section 1114 of Ti- Code Cong. and Adm.News, p. 2137. _, rs
Code of Federal Regulations
competition among Federal departments,
agencies, etc. In implementation and en-
- xorcement of equal employment opportu-
= laity legislation, orders, and policies; re-
' port to President and Congress
The Equal Employment .Opportunity Commission shall have-'the
responsibility for developing and implementing agreements, policies
eliminate conflict, 'competition, duplication and inconsistency among
the operations, functions and Jurisdictions of the various .depart-
meats, agencies and branches of the Federal Government iesponsi-
ble;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 activi-
ties, togethe
trative chan
purposes of
Pub.L. 88-3
92-261, ? 1(
Apr. 21, 19'
19807, 92 St.
Codification.
limbed the Equ.
ty Coordinatinr
Secretary of L:
Equal Employr.
Sion, the Attor:
of the United
mission, and tL
States Civil R1
respective deleg
of the abolltic
meat Opportur
and the transf
Equal Employr
lion by Reorg.-.
F.R. 19807. 92 8
under section 2c
1076 Amendm
tuted "October"
1072 Amendm
tuted provislor
Equal Employ'
Dating council
tion, powers, r
for provisions
? 2000e
The Presi
one or ,,more
groups who
come famili
its provisio:
suit in the f
all of its pr
participatio
of the Pre:
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14, Ti e
07 sw-
at th
iolation o
t while i
al functions
Iny term?of'
denting ijree
rt, promote
n and in on
ons of the'"
eral Governmea'
es. On or before l
portunity Commissfo!
gress a report of its
ss5
stave changes as it concludes are desirable to further promote the
uses of this section.
$8-352, Title VII, ? 715, July 2, 1964, 78 Stat. 265; Pub.L.
1, ? 10, Mar. 24, 1972, 86 Stat. 111; Pub.L. 94-273, ? 3(24),
21, 1976, 90 Stat. 377; 1978 Reorg. Plan No. 1, ? 6, 43 F.R.
, 92 Stat. 3782.
964,78 Stat.~'
faalon and not
1. me section
it as an '20
7.1.Code Coas:
. at .io
efforts and
long Feide ah
a implementslba
imp;
ors;
rde1 and
:a=
kt and Congress
poltieetion. Provisions which
of the
Coordinating Council composed
Employment Opportunity
the Attorney General, the Chairman
rvice nom-
^, the United states civil se
United
/fates Civil Rights Commission,
in view
iasoective delegates, were omitted
heat Opportunity Coordinating
Sad the transfer of its functions
IM.
6. 43
den by Reora.Plan No. 1 of
19807. 92 Stat. 3782, set out as a
P.R.
aader section 2000e-4 of this title.
me Amendment. Pub.L. 94-273 enbsti-
toted "October" for "July".
- 1f7! Amendment. Pub.L. 92-261 n
toted provisions which established
21 c1VIL RIGHTS 42 ?2000e-15
together with such recommendations for legislative or adminis-
Historical Note
eetali- tary of Labor to make a report to the
pportunt- Congress not later than June 30, 1965
concerning discrimination in employment
in of the because of age.
Commie- Submission of Specific Legislative Bee-
ommendstlons to Congress by January 1.
"67, to implement Report en Age Dis- crimination. Pub.L 89-601, Title VI, I
or their
608, Sept. 3. 1966, 80 Stat. 865, directed
the Secretary of Labor to submit to the
Congress not later than January 1, 1967
Rmploy- -Council
to the his specific legislative recommendations
for implementing the conclusions and
Commls- ' recommendations contained in his report
note on age discrimination in employment
made pursuant to provisions of this sec-
tion prior to its amendment in 1972. ?
Legislative History. For legislative
history and purpose of Pub.i.. &S-=, see
e bail- 1964 U.S.Code- Cong. and Adm.News, p.
the 23,55 See, also, Pub.L 92-261, 1972 C.k.
Code Cong. - and Adm.News, p.? 213::
Pub.L. 94-273, 1976 U.s.Code Cong. and
a Council Adm.News, p. M.
the Seere-
Library References
Code of Federal Regulation
cy coordination procedures. see 29 CPR 1690.101 et seq.
2000e _ 1-5_ presidential conferences acquaintance of
leadership with provisions zor employment
tights and ' obligations; plans for -fair ad-
ministration; membership
-= sae rroaaucu" ouo.., -?? ---- --
one or more conferences for the purpose of enabling the leaders of
-groups whose members will be affected _by this "subchapter to be-
come familiar with the rights afforded and obligations imposed by
its provisions, and for the .purpose of making plans which will re-
sult 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,.
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TH & Wli;
Civil -Ri,
aged hi-fi
fives of pi
opportun
tions,-- - d -
ter. .4.. _.
an
,1864, 78 $ta
=tip
-. r
0. 11117
emplo7.ea or amp
? eoverage -.
ployees or.,spp
is employed outal(s
eats as dense
as defined in seeW
nts for employm
the`"United ;Staff
in _ thoseunits
ng positions in the!
ins positions' n t l!
ingress shall b1
color-` 'gion;
or of -rule
Wd resio.al ago" ;F0
t equal emplo? 8
?rtsi ?onoattat/e..
^lati?ne. et?.i e!?
Wortualty pias+ add
CIVIL RIGHTS 42 ?2000e-16
to remedies, including reinstatement or hiring of employees with
nithout back pay, as will effectuate the policies of this section,
shall issue such rules, regulations, orders and instructions as it
necessary and appropriate to carry out its responsibilities un-
this section. . The Equal Employment Opportunity Commission
(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 opportu-
nity for all such employees and applicants for employment;
(2) be responsible for the review and evaluation of the oper-
ation of all agency equal employment opportunity programs, pe-
riodically 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 interest-
ed individuals, groups, and organizations relating to equal em-
ployment opportunity.
The head of each such department, agency, or unit shall comply
with such rules, regulations, orders, and instructions which shall in-
?elude a provision that an employee . or applicant for employment -
`shall be notified of any final action taken on any complaint of dis-
crimination 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 em-
ployees 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,
r,--agency, or unit responsible for carrying out the equal employ-
ment opportunity program and of the allocation of personnel
sn,, 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 Eglial Employment Opportunity
sion shall be exercised by the Librarian of Congress. ;t .& :Q?
Commi
s
Civil adlew b7 e-o1?yee or appliea.t for wNyme.t for redress ot_..
srlera.eeot time for briasi.d of aedoa lead of department. . ... pea
;.. , ~. .. . sRene7. ar Halt ao drfe.dant .?.. -~d.,v;l+:-..~7
(c). Within thirty days of receipt of notice of final action "taken
ifd t ibtin () of
by a 'department, agency, or unt reerreon susecoa
sio
mi
i
C
n
s
om
ty
this section, or by the Equal Employment Opportun
.upon an appeal from a decision or order of such department, agen-
919 STAT
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rc..Y
t'3
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42 ? 2000e -15 PUBLIC HEALTH & WELFARE Ch. 21
(2) the members of the Commission on Civil Rights, (3) represen..
tatives of State and local agencies engaged in furthering equal em-
ployment opportunity, (4) representatives of private agencies en-'
sentatives of employers, labor organizations, and employment ages
Pub.L. 88-352, Title VII, ? 716(c), July 2,1964, 78 Stat. 266.
.---.. --a.r~. rvc rCa[ala LXY5 2. 1984. see section 716 of Pnb.L. 88-352, history and purpose of Pub.L. 88-352, see
set out as an Effective Date note under 1984 U.S.Code Cong. and Adm.News, p.?
section 2000e of this title. 2355. .r
~.u.~.v.aaaal, reu. u, anon, ou r-.x. was revoked Dy Ex.Ord.No.11247, Sept. 24,
1721, formerly net out as a note under 1985, 30 F.R. 12327, set out as a note an-
this motion
w41ch established th
P
i
,
res
e
- der section 2000d-1 of this title.
dent's Council on Equal Oppportnnity.
Library References
Civil Rights 4=3L C.J;S. Civil Rights if 178, 185.
a r. v V VC - a u. x mpioymen; Dy r'ederal Government
Discriminatory praetiees prohibited; employees or applicants
for emplow_at subject a_ _________
(a) All personnel actions affecting employees or applicants for -=y
its of the United States) in military departments as defined in sec-
tion 102 of Title 5, in executive agencies as defined in section 105 of _
paid from nonappropriated funds), in the United States Postal
j
Service and the Postal Rate Commission, in those units of the Gov-. li
ernment of the District of Columbia having positions in the competi- ;_'_ ~.
five service,-and in those -units of the legislative and judicial -
bran
h
th
F
d
-
c
es of
e
e
eral Government having positions in the compet
'
itiv services th bral7_Con esgs shall-hemaa eree
-~.... :T .' '. :. -, y_/.: ter- ~ _ 7 1??
,,
~ mss` _ "7
~K
~
,'.
..
Eafereeineat powers 'ef Gaaataateal lsaaanee of males, -regulations, ete:l^z __-
Libra van of Cesgreas ._ ,
(b) Except as otherwise provided in this subsection, the Equal
Employment Opportunity Commission shall have authority to en-
force the provisions of subsection (a) of this section through appro-
pr
or
an
de
de
sh
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42 ? 2000e -16 PUBLIC HEALTH & WELFARE Ch. '2
cy, or unit on a complaint of discrimination
this section, Executive Order 11478 or any succeeding Executive or
ders, or after one hundred and eighty days from the filing of then
Employment Opportunity Sion on appeal from a decision or
h ti
? suc
me as final
action maybe taken by a" department
agency
or unit
l
e
,
,
an emp
oye
, or applicant for employment, if aggrieved b
the fi
l di
y
na
sposition of
his complaint, or .by the failure to take final action on his com--
ecti
2
o
on
vvvc-v of this
title, in which civil action the head of the department, agency, or
Section 2000e-5 (f) through (k) of this title aovlleable to dvll actions
(d) The provisions of section 2000e-5(f) throu
h (k)
f
hi
i
g
o
t
s t
tle,
applicable, shall govern civil actions brought hereunder.
rF'
\ overnment agency or official Mot relieved of responsibII tr to assure
aoadl.ata.~...n-- I
---'----
n
(e) Nothing contained in this Act shall relieve any r_nvesn
erit
m
l
t
---- p
oymen
as required by the Constitution and
statutes or of its or his responsibilities under Executive Order 11478
relating to equal., opportunity in the .Federal Govern-
ment.
Pub
L 88-352 Ti
.
tle VII ? 717sddd Pb
.,,, a aeu.L.- 92-261, ? 11, Mar.
24, 1972, 86 Stat. '111, and amended 1978 Reorg.Plan No. 1, ? 3, eff.
Jan.' 1, ' 1979, 43 F.R. 19807,.,92 Stat.73781; Pub.L. 96-191, ? 8(g),
Feb 15 loan 9 0&- ----
Aistorical Note"
References la ?ext. .. ?'ThIs Act',:::.
re. under section 82-1 of Title 81. Money and
ferred -to In 'aahson -,r.1 ".-._ .~~ . _.
a ` the Civil Rights_ActOf 1964, -which Is _ ^?rsaaler of FnactAli egoil oy
'
:IX of this chapter(section 20tlpa et ,mmt and related functions vested In the
c. wale Rote Mt out Un- - (w and (c): OL his section were
der section 2000a of this title and Tables transferred 10` 111* -.Rquai '-Employment
volume. Opportunity -Commission by Reorg.Plan
rra IG =t iii -L--B-':No. 1- of 1978. L $,'4s F.R.'19607. 92 slat
Executive Order 11478, is. imended; re- 8784, set oat?aa,a note. ,under,, ection
ferred to in'subsets. (d and 10% - I.:.i elw._
We. - =.a3 ~_ --_- -. ????? ?? rruvIueu - D7' section 1-303L ' of ELOrd..,
?ara:.u-_t a? ?NoJ2106, 1ee. 28,'3978, -44 IL 200, set
Y6-191 struck out -(other than tha (iener- this : title,1with 1-ths GEqual -Zanployment Of Accounting nmw.l- e?n_-.__'L. ?.Onnortnnit, -M.ww.~..~..... _-?-_..._-, '-~. _
-~ t - or its saeoesaor the function of making a
ltifeetive Date
f 19
o
a0 Amendtlii
men. premnary determination on the Issue of
Amendment by Pub.L. 96-191 effective -discrimination whenever, as a part of a
-Oct. 1. 1980, see section 30(a) of Pub.- complaint- or appeal before the C"
96-?191, set out as an Effective pate note Service Commission on other grounds, a
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