Title VII of the Civil Rights Act of 1964

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Following is the text of Title VII of the Civil Rights Act of 1964, the most frequently cited statute in EEO law, which prohibits discrimination on the basis of race, color, religion, sex, and national origin by employers that are engaged in an industry affecting commerce and that have 15 or more employees. Codified as 42 U.S.C. §2000e (bracketed numbers are the original Act sections), the statute reads as amended by the Congressional Accountability Act of 1995, [PL 104-1] P.L. 104-1, effective January 23, 1996.[ 42 USC ]

TITLE VII NONDISCRIMINATION IN EMPLOYMENT

[42 USC 2000E] Sec. 2000e. [ PL 88-352 701 ][§701] Definitions

For the purposes of this subchapter —

[42 USC 2000E(A)] (a) The term "person" includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, or receivers.

[1972 Amendments: Section 701(a) was amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, expanding term "person" to include "governments, governmental agencies, political subdivisions . . ."]

[1978 Amendments. Section 701(a) was amended by [PL 95-598] P.L. 95-598 to change the phrase "trustees in bankruptcy" to "trustees in cases under Title 11," eff. Oct. 1, 1979.]

[42 USC 2000E(B)] (b) The term "employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5) or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26, except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers.

[1972 Amendments: Section 701(b) was amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, expanding "employer" to include all state and local "governments, governmental agencies, political subdivisions . . .", but does not include departments or agencies of the District of Columbia who are subject to competitive service under provisions of [5 USC 2102] 5 U.S.C. Section 2102. Effective March 24, 1972, the number of employees was changed from "twenty-five" to "fifteen".]

[42 USC 2000E(C)] (c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

[1972 Amendments: Section 701(c) was amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, to reflect the changes made in Sections 701(a) and 701(b), and the following language deleted from the end of subsection (c): ". . . but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of state and local employment service receiving Federal assistance."]

[42 USC 2000E(D)] (d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

[42 USC 2000E(E)] (e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-five or more during the first year after March 24, 1972, or (B) fifteen or more thereafter, and such labor organization —

[1972 Amendments: Section 701(e) was amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, and previously read: ". . . (A) one hundred or more during the first year after the effective date prescribed in subsection (a) of section 716, (B) seventy-five or more during the second year after such date or fifty or more during the third year, or (C) twenty-five or more thereafter, and such labor organizations — ".]

[42 USC 2000E(E)(1)] (1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended;

[42 USC 2000E(E)(2)] (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

[42 USC 2000E(E)(3)] (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

[42 USC 2000E(E)(4)] (4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) has the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

[42 USC 2000E(E)(5)] (5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

[42 USC 2000E(F)] (f) The term "employee" means an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision.

With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.

[1972 Amendments: Section 701(f) was amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, to add exceptions and exclusions to term "employee".]

[1991 Amendments: Section 701(f) was amended by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991, to add American citizens working in foreign countries.]

[42 USC 2000E(G)] (g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

[42 USC 2000E(H)] (h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959, and further includes any governmental industry, business, or activity.

[1972 Amendments: Section 701(h) was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, to add the following inclusions: ". . . and further includes any governmental industry, business, or activity."]

[42 USC 2000E(I)] (i) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

[42 USC 2000E(J)] (j) The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

[1972 Amendments: Subsection (j) added to Section 701 by [PL 92-261] P.L. 92–261, eff. March 24, 1972, creating statutory basis for EEOC to form guidelines on religious-based discrimination.]

[42 USC 2000E(K)] (k) The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

[1978 Amendments: Section 701(k) was added by [PL 95-555] P.L. 95–555, eff. Oct. 31, 1978, except that employers will have until April 29, 1979 to make necessary adjustments in existing fringe benefit or insurance programs. Also, employers must wait until October 31, 1979, or until the expiration of an applicable collective bargaining contract, before they may reduce benefits under a current plan in order to comply with the amendment. EEOC issued interpretive Questions and Answers on [PL 95-555] P.L. 95–555 as an Appendix to its Sex Discrimination Guidelines ( [29 CFR 1604.10] 29 CFR 1604.10), 44 FR 1196 (March 2, 1979) eff. March 9, 1979.]

[42 USC 2000E(L)] (l) The term "complaining party" means the Commission, the Attorney General, or a person who may bring an action or proceeding under this title.

[42 USC 2000E(M)] (m) The term "demonstrates" means meets the burdens of production and persuasion.

[42 USC 2000E(N)] (n) The term "respondent" means an employer, employment agency, labor organization, joint labor-management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16.

[1991 Amendments: Sections 701 (l), (m), and (n) were added by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991.]

[42 USC 2000E-1] Sec. 2000e-1. [ PL 88-352 702 ][§702] Subchapter not Applicable to Employment of Aliens Outside State and Individuals for Performance of Activities of Religious Corporations, Associations, Educational Institutions, or

Societies

[42 USC 2000E-1(A)] (a) This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

[42 USC 2000E-1(B)] (b) It shall not be unlawful under section 2000e-2 or 2000e-3 for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

[42 USC 2000E-1(C)] (c)

[42 USC 2000E-1(C)(1)] (1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 engaged in by such corporation shall be presumed to be engaged in by such employer.

[42 USC 2000E-1(C)(2)] (2) Sections 2000e-2 and 2000e-3 shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

[42 USC 2000E-1(C)(3)] (3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on —

[42 USC 2000E-1(C)(3)(A)] (A) the interrelation of operations;

[42 USC 2000E-1(C)(3)(B)] (B) the common management;

[42 USC 2000E-1(C)(3)(C)] (C) the centralized control of labor relations; and

[42 USC 2000E-1(C)(3)(D)] (D) the common ownership or financial control, of the employer and the corporation.

[1972 Amendments: Section 702 was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, and previously read: "Sec. 702. This title shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution."]

[1991 Amendments: Section 702 was amended by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, to add foreign workplaces controlled by American employers to employers covered under Sections 703 and 704, unless compliance would violate foreign laws.]

[42 USC 2000E-2] Sec. 2000e-2. [ PL 88-352 703 ][§703] Unlawful

Employment Practices

[42 USC 2000E-2(A)] (a) It shall be an unlawful employment practice for an employer —

[42 USC 2000E-2(A)(1)] (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

[42 USC 2000E-2(A)(2)] (2) limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

[1972 Amendments: Sec. 703(a)(2) was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, to add the words "applicants for employment."]

[42 USC 2000E-2(B)] (b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

[42 USC 2000E-2(C)] (c) It shall be an unlawful employment practice for a labor organization —

[42 USC 2000E-2(C)(1)] (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

[42 USC 2000E-2(C)(2)] (2) to limit, segregate, or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or

[1972 Amendments: Sec. 703(c)(2) was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, to add the words "applicants for membership".]

[42 USC 2000E-2(C)(3)] (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

[42 USC 2000E-2(D)] (d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

[42 USC 2000E-2(E)] (e) Notwithstanding any other provision of this subchapter,

[42 USC 2000E-2(E)(1)] (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and

[42 USC 2000E-2(E)(2)] (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

[42 USC 2000E-2(F)] (f) As used in this subchapter, the phrase "unlawful employment practice" shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

[42 USC 2000E-2(G)] (g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ an individual for any position, for an employer to discharge an 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 —

[42 USC 2000E-2(G)(1)] (1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

[42 USC 2000E-2(G)(2)] (2) such individual has not fulfilled or has ceased to fulfill that requirement.

[42 USC 2000E-2(H)] (h) Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin; nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206 (d) of Title 29.

[42 USC 2000E-2(I)] (i) Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

[42 USC 2000E-2(J)] (j) Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

[42 USC 2000E-2(K)] (k)

[42 USC 2000E-2(K)(1)] (1)

[42 USC 2000E-2(K)(1)(A)] (A) An unlawful employment practice based on disparate impact is established under this title only if —

[42 USC 2000E-2(K)(1)(A)(I)] (i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

[42 USC 2000E-2(K)(1)(A)(II)] (ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

[42 USC 2000E-2(K)(1)(B)] (B)

[42 USC 2000E-2(K)(1)(B)(I)] (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.

[42 USC 2000E-2(K)(1)(B)(II)] (ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

[42 USC 2000E-2(K)(1)(C)] (C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of "alternative employment practice."

[42 USC 2000E-2(K)(2)] (2) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this title.

[42 USC 2000E-2(K)(3)] (3) Notwithstanding any other provision of this title, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act ( [21 USC 802(6)] 21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act or any other provision of Federal law, shall be considered an unlawful employment practice under this title only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

[42 USC 2000E-2(L)] (l) It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

[42 USC 2000E-2(M)] (m) Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

[42 USC 2000E-2(N)] (n)

[42 USC 2000E-2(N)(1)] (1)

[42 USC 2000E-2(N)(1)(A)] (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

[42 USC 2000E-2(N)(1)(B)] (B) A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws —

[42 USC 2000E-2(N)(1)(B)(I)] (i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had —

[42 USC 2000E-2(N)(1)(B)(I)(I)] (I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

[42 USC 2000E-2(N)(1)(B)(I)(II)] (II) a reasonable opportunity to present objections to such judgment or order; or

[42 USC 2000E-2(N)(1)(B)(II)] (ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

[42 USC 2000E-2(N)(2)] (2) Nothing in this subsection shall be construed to —

[42 USC 2000E-2(N)(2)(A)] (A) alter the standards for intervention under Rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

[42 USC 2000E-2(N)(2)(B)] (B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

[42 USC 2000E-2(N)(2)(C)] (C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

[42 USC 2000E-2(N)(2)(D)] (D) authorize or permit the denial to any person of the due process of law required by the Constitution.

[42 USC 2000E-2(N)(3)] (3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to [28 USC 1404] section 1404 of Title 28, United States Code.

[1991 Amendments: Sections 703 (k), (l), (m), and (n) were added by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991.]

[42 USC 2000E-3] Sec. 2000e-3. [ PL 88-352 704 ][§704] Other Unlawful

Employment Practices

[42 USC 2000E-3(A)] (a) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

[1972 Amendments: Section 704(a) was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, reflecting earlier amendments in the Title, and added the following language: ". . ., or joint labor-management committee controlling apprenticeship or other training or retraining including on-the-job training programs".]

[42 USC 2000E-3(B)] (b) It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

[1972 Amendments: Section 704(b) was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, reflecting earlier amendments in the Title, and added certain language to include other organizations and methods relating to job referrals.]

[42 USC 2000E-4] Sec. 2000e-4. [ PL 88-352 705 ][§705] Equal Employment Opportunity Commission

[42 USC 2000E-4(A)] (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b) of this section, shall appoint, in accordance with the provisions of Title 5 governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges, and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5, relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 of Title 5.

[42 USC 2000E-4(B)] (b)

[42 USC 2000E-4(B)(1)] (1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified.

[42 USC 2000E-4(B)(2)] (2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter.

[1972 Amendments: Subsection (b) added by [PL 92-261] P.L. 92–261, eff. March 24, 1972, providing for the appointment of EEOC General Counsel and representation by its attorneys in all cases to which the Commission is a party.]

[Subsections (3) and (h) repealed by [PL 92-261] P.L. 92–261.]

[Subsections (b), (c), (d), (i), and (j) redesignated subsections (c), (d), (e), (h), and (i) respectively.]

[1978 Amendments: Subsection (a) amended to change hearing examiners to administrative law judges by [PL 95-251] P.L. 95–251, eff. March 27, 1978.]

[42 USC 2000E-4(C)] (c) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

[42 USC 2000E-4(D)] (d) The Commission shall have an official seal which shall be judicially noticed.

[42 USC 2000E-4(E)] (e) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken, and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

[1975 Amendments: Section 705(e) was amended by [PL 93-608] P.L. 93–608, approved January 2, 1975, and previously read: ". . . President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further . . .".]

[42 USC 2000E-4(F)] (f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter.

[42 USC 2000E-4(G)] (g) The Commission shall have power —

[42 USC 2000E-4(G)(1)] (1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

[42 USC 2000E-4(G)(2)] (2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

[42 USC 2000E-4(G)(3)] (3) to furnish to persons subject to this subchapter such technical assistance as they may request to further their compliance with this subchapter or an order issued thereunder;

[42 USC 2000E-4(G)(4)] (4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this subchapter, to assist in such effectuation by conciliation or such other remedial action as is provided by this subchapter;

[42 USC 2000E-4(G)(5)] (5) to make such technical studies as are appropriate to effectuate the purposes and policies of this subchapter and to make the results of such studies available to the public;

[42 USC 2000E-4(G)(6)] (6) to intervene in a civil action brought under section 2000e-5 of this title by an aggrieved party against a respondent other than a government, governmental agency or political subdivision. (As amended by [PL 92-261] P.L. No. 92-261, eff. March 24, 1972)

[42 USC 2000E-4(H)] (h)

[42 USC 2000E-4(H)(1)] (1) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

[42 USC 2000E-4(H)(2)] (2) In exercising its powers under this title, the Commission shall carry out educational and outreach activities (including dissemination of information in languages other than English) targeted to —

[42 USC 2000E-4(H)(2)(A)] (A) individuals who historically have been victims of employment discrimination and have not been equitably served by the Commission; and

[42 USC 2000E-4(H)(2)(B)] (B) individuals on whose behalf the Commission has authority to enforce any other law prohibiting employment discrimination, concerning rights and obligations under this title or such law, as the case may be.

[1991 Amendments: Section 705(h)(2) was added by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21,1991.]

[42 USC 2000E-4(I)] (i) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 7324 of Title 5, notwithstanding any exemption contained in such section.

[42 USC 2000E-4(J)] (j)

[42 USC 2000E-4(J)(1)] (1) The Commission shall establish a Technical Assistance Training Institute, through which the Commission shall provide technical assistance and training regarding the laws and regulations enforced by the Commission.

[42 USC 2000E-4(J)(2)] (2) An employer or other entity covered under this title shall not be excused from compliance with the requirements of this title because of any failure to receive technical assistance under this subsection.

[42 USC 2000E-4(J)(3)] (3) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1992.

[1991 Amendments: Section 705(j) was added by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991.]

[42 USC 2000E-4(K)] (k)

[42 USC 2000E-4(K)(1)] (1) There is hereby established in the Treasury of the United States a revolving fund to be known as the "EEOC Education, Technical Assistance, and Training Revolving Fund" (hereinafter in this subsection referred to as the `Fund') and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes.

[42 USC 2000E-4(K)(2)] (2)

[42 USC 2000E-4(K)(2)(A)] (A) The Commission shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and training provided with monies in the Fund. Such fees for any education, technical assistance, or training —

[42 USC 2000E-4(K)(2)(A)(I)] (i) shall be imposed on a uniform basis on persons and entities receiving such education, assistance, or training,

[42 USC 2000E-4(K)(2)(A)(II)] (ii) shall not exceed the cost of providing such education, assistance, and training, and

[42 USC 2000E-4(K)(2)(A)(III)] (iii) with respect to each person or entity receiving such education, assistance, or training, shall bear a reasonable relationship to the cost of providing such education, assistance, or training to such person or entity.

[42 USC 2000E-4(K)(2)(B)] (B) Fees received under subparagraph (A) shall be deposited in the Fund by the Commission.

[42 USC 2000E-4(K)(2)(C)] (C) The Commission shall include in each report made under subsection (e) information with respect to the operation of the Fund, including —

[42 USC 2000E-4(K)(2)(C)(I)] (i) the identity of each person or entity to which the Commission provided education, technical assistance, or training with monies in the Fund, in the fiscal year for which such report is prepared,

[42 USC 2000E-4(K)(2)(C)(II)] (ii) the cost to the Commission to provide such education, technical assistance, or training to such person or entity, and

[42 USC 2000E-4(K)(2)(C)(III)] (iii) the amount of any fee received by the Commission from such person or entity for such education, technical assistance, or training.

[42 USC 2000E-4(K)(3)] (3) The Secretary of the Treasury shall invest the portion of the Fund not required to satisfy current expenditures from the Fund, as determined by the Commission, in obligations of the United States or obligations guaranteed as to principal by the United States. Investment proceeds shall be deposited in the Fund.

[42 USC 2000E-4(K)(4)] (4) There is hereby transferred to the Fund $1,000,000 from the Salaries and Expenses appropriation of the Commission.

[1992 Amendments: Section 705(k) was added by EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992, [PL 102-411] P.L. 102-411, eff. Oct. 14, 1992.]

[42 USC 2000E-5] Sec. 2000e-5. [ PL 88-352 706 ][§706] Enforcement Provisions

[42 USC 2000E-5(A)] (a) The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title.

[42 USC 2000E-5(B)] (b) Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such employer, employment agency, labor organization, or joint labor-management committee (hereinafter referred to as the "respondent") within ten days and shall make an investigation thereof. Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires. Charges shall not be made public by the Commission. If the Commission determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. In determining whether reasonable cause exists, the Commission shall accord substantial weight to final findings and orders made by State or local authorities in proceedings commenced under State or local law pursuant to the requirements of subsections (c) and (d) of this section. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where applicable under subsection (c) or (d) of this section, from the date upon which the Commission is authorized to take action with respect to the charge.

[42 USC 2000E-5(C)] (c) In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (b) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

[42 USC 2000E-5(D)] (d) In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

[42 USC 2000E-5(E)] (e)

[42 USC 2000E-5(E)(1)] (1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

[42 USC 2000E-5(E)(2)] (2) For purposes of this section, an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose in violation of this title (whether or not that discriminatory purpose is apparent on the face of the seniority provision), when the seniority system is adopted, when an individual becomes subject to the seniority system, or when a person aggrieved is injured by the application of the seniority system or provision of the system.

[1991 Amendments: Section 706(e) was added by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991.]

[42 USC 2000E-5(F)] (f)

[42 USC 2000E-5(F)(1)] (1) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) or (d) of this section, the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission may bring a civil action against any respondent not a government, governmental agency, or political subdivision named in the charge. In the case of a respondent which is a government, governmental agency, or political subdivision, if the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission shall take no further action and shall refer the case to the Attorney General who may bring a civil action against such respondent in the appropriate United States district court. The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision. If a charge filed with the commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such charge or the expiration of any period of reference under subsection (c) or (d) of this section, whichever is later, the Commission has not filed a civil action under this section or the Attorney General has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved or (B) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance.

[42 USC 2000E-5(F)(2)] (2) Whenever a charge is filed with the Commission and the Commission concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this Act, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Rule 65 of the Federal Rules of Civil Procedure. It shall be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases to be in every way expedited.

[42 USC 2000E-5(F)(3)] (3) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of Title 28, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

[42 USC 2000E-5(F)(4)] (4) It shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

[42 USC 2000E-5(F)(5)] (5) It shall be the duty of the judge designated pursuant to this subsection to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. If such judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to Rule 53 of the Federal Rules of Civil Procedure.

[42 USC 2000E-5(G)] (g)

[42 USC 2000E-5(G)(1)] (1) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

[42 USC 2000E-5(G)(2)] (2)

[42 USC 2000E-5(G)(2)(A)] (A) No order of the court shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, or national origin or in violation of section 2000e-3(a) of this title.

[42 USC 2000E-5(G)(2)(B)] (B) On a claim in which an individual proves a violation under section 2000e-2(m) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court —

[42 USC 2000E-5(G)(2)(B)(I)] (i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m); and

[42 USC 2000E-5(G)(2)(B)(II)] (ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).

[1972 Amendments: Subsections (1) through (g) of Section 706 were amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, empowering the EEOC to prevent any person from engaging in any unlawful employment practice described in Section 703 or 704; extended procedures through conciliation efforts; outlined enforcement procedures where there was no voluntary compliance; and when an action may be brought by the Federal Government, and an aggrieved party.]

[1991 Amendments: Section 706(g) was redesignated as 706(g)(1) and (2) and 706(g)(2)(B) was added by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991.]

[42 USC 2000E-5(H)] (h) The provisions of sections 101 to 115 of Title 29 shall not apply with respect to civil actions brought under this section.

[42 USC 2000E-5(I)] (i) In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission may commence proceedings to compel compliance with such order.

[42 USC 2000E-5(J)] (j) Any civil action brought under this section and any proceedings brought under subsection (i) of this section shall be subject to appeal as provided in sections 1291 and 1292, Title 28.

[1972 Amendments: Sections 706(i) and 706(j), amended by [PL 92-261] P.L. 92-261, eff. March 24, 1972, reflect prior sections' amendments and redesignations.]

[42 USC 2000E-5(K)] (k) In any action or proceeding under this subchapter, the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

[1991 Amendments: Section 706(k) was amended by Civil Rights Act of 1991, [PL 102-166] P.L. 102-166, eff. Nov. 21, 1991, to add (including expert fees).]

[42 USC 2000E-6] Sec. 2000e-6. [ PL 88-352 707 ][§707] Civil Actions by

Attorney General

[42 USC 2000E-6(A)] (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

[42 USC 2000E-6(B)] (b) The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case ispending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

[42 USC 2000E-6(C)] (c) Effective two years after March 24, 1972, the functions of the Attorney General under this section shall be transferred to the Commission, together with such personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with such functions unless the President submits, and neither House of Congress vetoes, a reorganization plan pursuant to chapter 9 of Title 5, inconsistent with the provisions of this subsection. The Commission shall carry out such functions in accordance with subsections (d) and (e) of this section.

[42 USC 2000E-6(D)] (d) Upon the transfer of functions provided for in subsection (c) of this section, in all suits commenced pursuant to this section prior to the date of such transfer, proceedings shall continue without abatement, all court orders and decrees shall remain in effect, and the Commission shall be substituted as a party for the United States of America, the Attorney General, or the Acting Attorney General, as appropriate.

[42 USC 2000E-6(E)] (e) Subsequent to March 24, 1972, the Commission shall have authority to investigate and act on a charge of a pattern or practice of discrimination, whether filed by or on behalf of a person claiming to be aggrieved or by a member of the Commission. All such actions shall be conducted in accordance with the procedures set forth in section 2000e-5 of this title.

[1972 Amendments: Subsections (c), (d), and (e) were added to Section 707 by [PL 92-261] P.L. 92–261, eff. March 24, 1972.]

[42 USC 2000E-7] Sec. 2000e-7. [ PL 88-352 708 ][§708] Effect on State Laws

Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.

[42 USC 2000E-8] Sec. 2000e-8. [ PL 88-352 709 ][§709] Investigations

[42 USC 2000E-8(A)] (a) In connection with any investigation of a charge filed under section 2000e-5 of this title, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this subchapter and is relevant to the charge under investigation.

[42 USC 2000E-8(B)] (b) The Commission may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may, for the purpose of carrying out its functions and duties under this subchapter and within the limitation of funds appropriated specifically for such purpose, engage in and contribute to the cost of research and other projects of mutual interest undertaken by such agencies, and utilize the services of such agencies and their employees, and, notwithstanding any other provision of law, pay by advance or reimbursement such agencies and their employees for services rendered to assist the Commission in carrying out this subchapter. In furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements or under which the Commission shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Commission shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this subchapter.

[42 USC 2000E-8(C)] (c) Every employer, employment agency, and labor organization subject to this subchapter shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods, and (3) make such reports therefrom as the Commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this subchapter or the regulations or orders thereunder. The Commission shall, by regulation, require each employer, labor organization, and joint labor-management committee subject to this subchapter which controls an apprenticeship or other training program to maintain such records as are reasonably necessary to carry out the purposes of this subchapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and to furnish to the Commission upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may apply to the Commission for an exemption from the application of such regulation or order, and, if such application for an exemption is denied, bring a civil action in the United States district court for the district where such records are kept. If the Commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief. If any person required to comply with the provisions of this subsection fails or refuses to do so, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, or the Attorney General in a case involving a government, governmental agency or political subdivision, have jurisdiction to issue to such person an order requiring him to comply.

[42 USC 2000E-8(D)] (d) In prescribing requirements pursuant to subsection (c) of this section, the Commission shall consult with other interested State and Federal agencies and shall endeavor to coordinate its requirements with those adopted by such agencies. The Commission shall furnish upon request and without cost to any State or local agency charged with the administration of a fair employment practice law information obtained pursuant to subsection (c) of this section from any employer, employment agency, labor organization, or joint labor-management committee subject to the jurisdiction of such agency. Such information shall be furnished on condition that it not be made public by the recipient agency prior to the institution of a proceeding under State or local law involving such information. If this condition is violated by a recipient agency, the Commission may decline to honor subsequent requests pursuant to this subsection.

[42 USC 2000E-8(E)] (e) It shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section prior to the institution of any proceeding under this subchapter involving such information. Any officer or employee of the Commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than one year.

[1972 Amendments: As added to, and amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, Section 709(c) and (d) were expanded to provide that (1) where an employer fails or refuses to keep required records, the EEOC or Attorney General may bring an action in the district court and (2) EEOC shall endeavor to coordinate its record-keeping requirements with those of other state and Federal agencies.]

[42 USC 2000E-9] Sec. 2000e-9. [ PL 88-352 710 ][§710] Conduct of Hearings and Investigations Pursuant to Section 161 of Title 29

For the purpose of all hearings and investigations conducted by the Commission or its duly authorized agents or agencies, section 161 of Title 29 shall apply.

[1972 Amendments: Section 710 was amended by [PL 92-261] P.L. 92–261, eff. March 24, 1972, to empower EEOC to conduct all hearings and investigations under Section [61 STAT 136 11] 11 of the NLRA.]

[42 USC 2000E-10] Sec. 2000e-10. [ PL 88-352 711 ][§711] Posting of

Notices; Penalties

[42 USC 2000E-10(A)] (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint.

[42 USC 2000E-10(B)] (b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

[42 USC 2000E-11]