So Much Shareware 1/SoMuchSharewareV1_1991.iso/general/guide7-1.exe/LHARC1.EXE/EMPLD.STB

Text File | 1991-06-27 | 53KB | 938 lines

2000e-2. Unlawful employment practices
(a) Employer practices. It shall be an unlawful employment
practice for an employer-

(1) to fail or refuse to hire or to dischasge any individual, or
otherwise to discriminate against any individual with respect to
his compensation, terms, conditions, or privileges of employment,
because of such individual's race, color, religion, sex, or
national origin; or

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

B) Employment agency practices. It shall be an unlawful
employment practice for an employment agency to fail or refuse to
refer for employment, or otherwise to discriminate against, any
individual because of his race, color, religion, sex, or national
origin, or to classify or refer for employment any individual on
the basis of his race, color, religion, sex, or national origin.

(C) Labor organization practices. It shall be an unlawful
employment practice for a labor organization-

(1) to exclude or to expel from its membership, or otherwise to
discriminate against, any individual because of his race, color,
religion, sex, or national origin;

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

(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this section.

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

(e) Businesses or enterprises with personnel qualified on basis
of religion, sex, or national origin; educational institutions
with personnel of particular religions. Notwithstanding any other
provision of this title [42 USC 2000e et seq.], (1) it shall not
be an unlawful employment practice for an employer to hire and
employ employees, for an employment agency to classify, or refer
for employment any individual, for a labor organization to
classify its membership or to classify or refer for employment
any individual, or for an employer, labor organization, or joint
labor-management committee controlling apprenticeship or other
training or retraining programs to admit, or employ any
individual in any such program, on the basis of his religion,
sex, or national origin in those certain instances where
religion, sex, or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of
that particular business or enterprise, and (2) it shall not be
an unlawful employment practice for a school, college,
university, or other educational institution or institution of
learning to hire and employ employees of a particular religion if
such school, college, university, or other educational
institution or institution of learning is, in whole or in
substantial part, owned, supported, controlled, or managed by a
particular religion or by a particular religious corporation,
association, or society, or if the curriculum of such school,
college, university, or other educational institution or
institution of learning is directed toward the propagation of a
particular religion.

Members of Communist Party or Communist-action or Communist-front
organizations. As used in this title [42 USC 2000e et seq.], the
phrase "unlawful employment practice" shall not be deemed to
include any action or measure taken by an employer, labor
organizat@on, 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.

(g) National security. Notwithstanding any other provision of
this title [42 USCS  2000e et seq.], it shall not be an unlawful
employment practice for an employer to fail or refuse to hire and
employ any individual for any position, for an employer to
discharge any individual from any position, or for an employment
agency to fail or refuse to refer any individual for employment
in any position, or for a labor organization to fail or refuse to
refer any individual for employment in any position, if-

(1) the occupancy of such position, or access to the premises in
or upon which any part of the duties of such position is
performed or is to be performed, is subject to any requirement
imposed in the interest of the national security of the United
States under any security program in effict pursuant to or
administered under any statute of the United States or any
Executive order of the President; and

     (2) such individual has not fulfilled or has ceased to
fulfill that requirement.

(h) Seniority or merit system; quantity or quality of production;
ability tests; compensation based on sex and authorized by
minimum wage provisions. Notwithstanding any other provision of
this title [42 USC  2000e et seq.], 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 title [42 USC 2000e et seq.] 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 6(d) of the Fair Labor
Standards Act of 1938, as amended.

Busineses or enterprises extending preferental treatment to
Indians. Nothing contained in this title [42 USC 2000e et seq.]
shall apply to any business or enterprise on or near an lndian
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.

Preferential treatment not to be granted on account of
existing number or percentage imbalance. Nothing contained in
this title [42 USC 2000e et seq.] shall be interpreted to
require any employer, employment agency, labor organization, or
joint labor-management committee subject to this title [42
USC2000e et seq.] 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 an 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 oth@r area,
or in the available work force in any community, State, section,
or other area.

 2000e-3. Other unlawful employment practices
(a) Discrimination for making charges, testifying, assisting, or
participating in enforcement proceedings. It shall be an unlawful
employment practice for an employer to discriminate against any
of his employees or applicants for employment, for an employment
agency, or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-
job training programs, to discriminate against any individual, or
for a labor organization to discriminate against any member
thereof or applicant for membership, because he has opposed any
practice made an unlawful employment practice by this title [42
USC 2000e-2000e-17], or because he has made a charge, testified,
assisted, or participated in any manner in an investigation,
proceeding, or hearing under this title [42 USC 2000e-2000e-17].

f) Printing or publication of notices or advertisements
indicating prohibited preference, limitation, specification, or
discrimination; occupational qualification exception. It shall
be an unlawful employment practice for an employer, labor
organization, employment agency, or joint labor-management
committee controlling apprenticeship or other training or
retraining, including on-the-job training programs, to print or
publish or cause to be printed or published any notice or
advertisement relating to employment by such an employer or
membership in or any classification or referral for employment by
such a labor organization, or relating to any classification or
referral for employment by such an employment agency, or relating
to admission to, or employment in, any program established to
provide apprenticeship or other training by such a joint labor-
management committee indicating any preference, limitation,
specification, or discrimination, based on race, color, religion,
sex, or national origin, except that such a notice or
advertisement may indicate a preference, limitation,
specification, or discrimination based on religion, sex, or
national origin when religion, sex, or national origin is a bona
fide occupational qualification for employment.

2000e-4. Equal Employment Opportunities Commission

(a) Creation; composition; political representation; appointment;
term; vacancies; Chairman and Vice Chairman; duties of Chairman;
appointment of personnel; compensation of personnel. There is
hereby created a Commission to be known as the Equal Employment
Opportunity Commission, which shall be composed of five members,
not more than three of whom shall be members of the same
political party. Members of the Commission shall be appointed by
the President by and with the advice and consent of the Senate
for a term of five years. Any individual chosen to fill a vacancy
shall be appointed only for the unexpired term of the member whom
he shall succeed, and all members of the Commission shall
continue to serve until their successors are appointed and
qualified, except that no such member of the Commission shall
continue to serve (1) for more than sixty days when the Congress
is in session unless a nomination to fill such vacancy shall have
been submitted to the Senate, or (2) after the adjournment sine
die of the session of the Senate in which such nomination was
submitted. The President shall designate one member to serve as
Chairman of the Commission, and one member to serve as Vice
Chairman. The Chairman shall be responsible on behalf of the
Commission for the administrative operations of the Commission,
and, except as provided in subsection (b), shall appoint, in
accordance with the provisions of title 5, United States Code,
governing appointments in the competitive service, such officers,
agents, attorneys, administrative law judges 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 5 1 and subchapter III of chapter 53 of title 5,
United States Code [5 USC 5101-5115, 5331-5338], relating to
classification and General Schedule Pay rates: Provided, That
assignment, removal, and compensation of administrative law
judges shall be in accordance with sections 3 105, 3344, 5372,
and 7521 of title 5, United States Code.

Counsel; appointment; term; duties; representation by attorneys
and Attorney General. (1) There shall be a General Counsel of the
Commission appointed by the President, by and with the advice and
consent of the Senate, for a term of four years. The General
Counsel shall have responsibility for the conduct of litigation
as provided in sections 706 and 707 of this title [42 USC 2000e-
5, 2000e-6]. 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 [Mar.
24, 1 972] shall continue in such position and perform the
functions specified in this subsection until a successor is
appointed and qualified.

(2) Attorneys appointed under this section may, at the direction
of the Commission, appear for and represent the Cornmission 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 title [42 USC 2000e et seq.].

(d) Seal; judicial notice. The Commission shall have an official
seal which shall be judicially noticed.

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

Principal and other offices. The principal office of the
Commission shall be in or near the District of Columbia, but it
may meet or exercise any or all its powers at any other place.
The Commission may establish such regional or State offices as it
deems necessary to accomplish the purpose of this title [42 USC
2000e et seq.].

(g) Powers of Commission. The Commission shall have power-

(1) to cooperate with and, with their consent, utilize
regional, State, local, and other agencies, both public and
private, and individuals;

(2) to pay to witnesses whose depositions are taken or who are
summoned before the Commission or any of its agents the same
witness and mileage fees as are paid to witnesses in the courts
of the United States;

(3) to furnish to persons subject to this title [42 USC 2000e et
seq.] such technical assistance as they may request to further
their compliance with this title [42 USC 2000e et seq.] or an
order issued thereunder;

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

(5) to make such technical studies as are appropriate to
effectuate purposes and policies of this title [42 USC 2000e et
seq.] and to make the results of such studies available to the
public;

(6) to intervene in a civil action brought under section 706 [42
USC 2000e-5] by an aggrieved party against a respondent other
than a government, governmental agency or political subdivision.

(h) Cooperation with other departments and agencies in
performance of educational or promotional activities. 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.
(i) Personnel subject to political activity restrictions. All
officers, agents, attorneys, and employees of the Commission
shall be subject to the provisions of section 9 of the Act of
August 2, 1939, as amended (the Hatch Act), notwithstanding any
exemption contained in such section.


Commission to prevent unlawful employment practices. The
Commission is empowered, as hereinafter provided, to prevent any
person from engaging in any unlawful employment practice as set
forth in section 703 or 704 of this title [42 USC 2000e-2 or
2000e-3].

 Charges by persons aggrieved or member of Commission of unlawful
employment practices by employers, etc.; filing; allegations;
notice to respondent; contents of notice; investigation by
Commission; contents of charges; prohibition on disclosure of
charges; determination of reasonable cguse; conference,
conciliation, and persuasion for elimination of unlawful
practices; prohibition on disclosure of informal endeavors to end
unlawful practices; use of evidence in subsequent proceedings;
penalties for disclosure of information; time for determination
of reasonable cause. Whenever a charge is filed by or on behalf
of a person claiming to be aggrieved, or by a member of the
Commission, alleging that an employer, employment agency, labor
organization, or joint labor-management committee controlling
apprenticeship or other training or retraining, including on-the-
job training programs, has engaged in an unlawful employment
practice, the Commission shall serve a notice of the charge
(including the date, place and circumstances of the alleged
unlawful employment practice) on such employer, employment
agency, labor organization, or joint labor-management committee
(hereinafter referred to as the "respondent") within ten days,
and shall make an investigation thereof. Charges shall be in
writing under oath or affirmation and shall contain such
information and be in such form as the Commission requires.
Charges shall not be made public by the Commission. If the
Commission determines after such investigation that there is not
reasonable cause to believe that the charge is true, it shall
dismiss the charge and promptly notify the person claiming to be
aggrieved and the respondent of its action. In determining
whether reasonable cause exists, the Commission shall accord
substantial weight to final findings and orders made by State or
local authorities in proceedings commenced under State or local
law pursuant to the requirements of subsections (c) and (d). 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), from the date upon which
the Commission is authorized to take action with respect to the
charge.

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

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

(e) Time for filing charges; time for service of notice of charge
on respondent; filing of charge by Commission with State or local
agency. 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.

Enforcement action by Commission, Attorney General, or person
aggrieved; preconditions; procedure; aPPointment of attorney;
payment of fees, costs, or security; intervention; stay of
Federal proceedings; action for appropriate temporary or
preliminary relief pending final disposition of charge;
jurisdiction and venue of United States courts; designation of
judge to hear and  determine case; assignment of case for
hearing; expedition of case; appointment of master. (1) If within
thirty days after a charge is filed with the Commission or within
thirty days after expiration of any period of reference under
subsection (c) or (d), 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) 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), 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 subsections (c) or (d) of this section
or further efforts of the Commission to obtain voluntary
compliance.

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

(3) Each United States district court and each United States
court of a place subject to the jurisdiction of the United States
shall have jurisdiction of actions brought under this title [42
USC 2000e et seq.]. 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 1 404 and 1 406 of title 28 of
the United States Code, the judicial district in which the
respondent has his principal office shall in all cases be
considered a district in which the action might have been
brought.

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

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

Injunctions; affirmative action; equitable relief; accrual of
back pay; reduction of back pay; limitations on judicial orders.
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. 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 704(a) [42 USC 2000e-3(a)].

(h) Provisions of 29 USC 101 et seq. not applicable to civil
actions for prevention of unlawful practices. The provisions of
the Act entitled "An Act to amend the Judicial Code and to define
and limit the jurisdiction of courts sitting in equity, and for
other purposes," approved March 23, 1932 (29 U.S.C. 101 et seq),
shall not apply with respect to civil actions brought under this
section.

(i) Proceedings by Commission to compel compliance with judicial
orders. In any case in which an employer, employment agency, or
labor organization fails to comply with an order of a court
issued in a civil action brought under this section, the
Commission may commence proceedings to compel compliance with
such order.

j) Appeals. Any civil action brought under this section and any
proceedings brought under subsection (i) shall be subject to
appeal as provided in sections 1291 and 1292, title 28, United
States Code.

F) Attorney's fee, liability of Commission and United States for
costs. In any action or proceeding under this title [42 USC 2000e
et seq.] the court, in its discretion, may allow the prevailing
party, other than the Commission or the United States, a
reasonable attorney's fee as part of the costs, and the
Commission and the United States shall be liable for costs the
same as a private person.

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

In the event the Attorney General fails to file such a request in
any such proceeding, it shall be the duty of the chief judge of
the district (or in his absence, the acting chief judge) in which
the case is pending immediately to designate a judge in such
district to hear and determine the case. In the event that no
judge in the district is available to hear and determine the
case, the chief judge of the district, or the acting chief judge,
as the case may be, shall certify this fact to the chief judge of
the circuit (or in his absence, the acting chief judge) who shall
then designate a district or circuit judge @f the circuit @0 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 @0 be in every way
expedited.

(c) Transfer of functions to Commission. Effective two years
after the date of enactment of the Equal Employment Opportunity
Act of 1 972 [Mar. 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, United States Code [5 USC 901
et seq.], inconsistent with the provisions of this subsection.
The Commission shall carry out such functions in accordance with
subsections (d) and (e) of this section.

(d) Transfer of functions not to affect suits commenced prior to
transfer. Upon the transfer of functions provided for in
subsection (c) of this section, in all suits commenced pursuant
to this section prior to the date of such transfer, proceedings
shall continue without abatement, all court orders and decrees
shall remain in effect, and the Commission shall be substituted
as a party for the United States of America, the Attorney
General, or the Acting Attorney General, as appropriate.

(e) Authority of Commission to investigate and act on s charge
of discrimination whether filed by or on behalf of aggrieved
person or by member of Commission. Subsequent to the date of
enactment of the Equal Employment Opportunity Act of 1972 [Mar.
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 706 of this Act [42 USC 2000e-5].

2000e-7. Effect on State laws

Nothing in this title [42 USC 2000e et seq.] 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
title [42 USC  2000e et seq.].

2000e-8. Investigations, inspections, records, state agencies

(a) Access to evidence. In connection with any investigation
ofa charge filed under section 706 [42 USC 2000e-5], the
Commission or its 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
title [42 USC  2000e et seq.].

(c) Recordkeeping; reports. Every employer, employment agency,
and labor organization subject to this title [42 USC  2000e
et seq.] 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 title [42 USC 2000e et seq.] or the regulations or orders
thereunder.

The Commission shall, by regulation, require each employer, labor
organization, and joint labor-management committee subject to
this title [42 USC 2000e et seq.] which controls an apprenticeship
or other training program to maintain such records as are
reasonably necessary to carry out the purposes of this title [42
USC 2000e et seq.], 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
districtcourt for the district where such records are kept. If
the Commission or the court, as the case may be, finds that the
application of the regulation or order to the employer, employment
agency, or labor organization in question would impose an undue
hardship, the Commission or the court, as the case may be, may
grant appropriate relief. If any person required to
comply with the provisions of this subsection fails or refuses
to do so, the United States district court for the district in
which such person is found, resides, or transacts business, shall,
upon application of the Commission, or the Attorney General in a
case involving a government, governmental agency or political
subdivision, have jurisdiction to issue to such person an
order requiring him to comply.

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

(e) Disclosure of information; penalty. 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 title [42 USC
2000e et seq. 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.

 2000e-10. Notices to be posted

(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 title
[42 USC 2000e et seq.] and information pertinent to the
filing of a complaint.

(b) A willful violation of this section shall be punishable by a
fine of not more than $ 100 for each separate offense.


2000e-11. Veterans' preference

Nothing contained in this title [42 USC  2000e et seq.]
shall be construed to repeal or modify any Federal, State,
territorial, or local law creating special rights or
preference for veterans.

2000e-12. Rules and regulations

(a) The Commission shall have authority from time to time to
issue, amend, or rescind suitable procedural regulations to
carry out the provisions of this title [42 USC 2000e et
seq.]. Regulations issued under this section shall be in
conformity with the standards and limitations of the
Administrative Procedure Act.

(b) In any action or proceeding based on any alleged unlawful
employment practice, no person shall be subject to any liability
or punishment for or on account of (1) the commission by such
person of an unlawful employment practice if he pleads and
proves that the act or omission complained of was in good faith,
in conformity with, and in reliance on any written interpreta
tion or opinion of the Commission, or (2) the failure of such
person to publish and file any information required by any
provision of this title [42 USC 2000e et seq.] if he pleads
and proves that he failed to publish and file such information
in good faith, in conformity with the instructions of the
Commission issued under this title regarding the filing of
such information. Such a defense, if established, shall be a
bar to the action or proceeding, notwithstanding that (A) after
such act or omission, such interpretation or opinion is modified
or rescinded or is determined by judicial authority to be invalid
or of no legal effect, or (B) after publishing or filing the
description and annual reports, such publication or filing is
determined by judicial authority not to be in conformity with
the requirements of this title [42 USC 2000e et seq.

2000e-13. Forcibly resisting the Commission or its
representatives

The provisions of sections 111 and 1114-, title 18, United
States Code, [18 USC 111, 1114-] shall apply to officers, agents,
and employees of the Commission in the performance of their
official duties. Notwithstanding the provisions of sections 111 and
1114 of title 18, United States Code [18 USC 111, 1114], whoever
in violation of the provisions of section 1114 of such title [18
USC 1114] kills a person while engaged in or on account of the
performance of his official functions under this Act shall be punished by
imprisonment for any term of years or for life.

2000e-14. Equal Employment Opportunity Coordinating
Council

There shall be established an Equal Employment Opportunity
Coordinating Council (hereinafter referred to in this
section as the Council) composed of the Secretary of
Labor, the Chairman of the Equal Employment Opportunity
Commission, the Attorney General, the Chairman of the
United States Civil Service Commission, and the Chairman of
the United States Civil Rights Commission, or their respective
delegates. The Council shall have the responsibility for
developing and implementing agreements, policies and practices
designed to maximize effort, promote efficiency, and eliminate
onflict, competition, duplication and inconsistency among the
operations, functions and jurisdictions of the various
departments, agencies and branches of the Federal Government
responsible for the implementation and enforcement of equal
employment opportunity legislation, orders, and policies. On or
before October 1 of each year, the Council shall transmit to the
President and to the Congress a report of its activities,
together with such recommendations for legislative or
administrative changes as it concludes are desirable to further
promote the purposes of this section.

2000e-15. Familiarization conferences
The President shall, as soon as feasible after the enactment of
this title, convene one or more conferences for the purpose
of enabling the leaders of groups whose members will be affected by
this title [42 USC 2000e et seq.] to become familiar with the rights
afforded and obligations imposed by its provisions, and for the
purpose of making plans which will result in the fair and effective
administration of this title [42 USC 2000e et seq.] when all of its
provisions become effective. The President shall invite the
participation in such conference or conferences of (1) the members of
the President's Committee on Equal Employment Opportunity, (2) the
members of the Commission on Civil Rights, (3) representatives of State
and local agencies engaged in furthering equal employment opportunity,
(4) representatives of private agencies engaged in furthering equal
employment opportunity, and (5) representatives of employers, labor
organizations, and employment agencies who will be subject to this
title

(c) Civil action by party aggrieved. Within thirty days of ì
receipt of notice of final action taken by a department, agency, ì
or unit referred to in subsection 717(a) [subsec. (a) of this ì
section], or by the Civil Service Commission upon an appeal from ì
a decision or order of such department, agency, or unit on a ì
complaint of discrimination based on race, color, religion, sex ì
or national origin, brought pursuant to subsection (a) of this ì
section, Executive Order 114-78 or any succeeding Executive ì
orders, or after one hundred and eighty days from the filing of ì
the initial charge with the department, agency, or unit or with ì
the Civil Service Commission on appeal from a decision or order ì
of such department, agency, or unit until such time as final ì
action may be taken by a department, agency, or unit, an ì
employee or applicant for employment, if aggrieved by the final ì
disposition of his complaint, or by the failure to take final ì
action on his complaint, may file a civil action as provided in ì
section 706 [42 USC 2000e-5], in which civil action the head ì
of the department, agency, or unit, as appropriate, shall be ì
the defendant.

(d) Application of certain provisions. The provisions of section ì
706 through (k) [42 USC 2000e-5(@-(k)], as applicable, shall govern
civil actions brought hereunder.

(e) Continuing responsibility of agencies and officials to assure ì
nondiscrimination. Nothing contained in this Act [title] shall ì
relieve any Government agency or official of its or his primary ì
responsibility to assure nondiscrimination in employment as ì
required by the Constitution and statutes or of its employment ì
opportunity in the Federal Government.

Special provision with respect to denial, ì
termination, and suspension of Government contracts
No Government contract, or portion thereof, with any employer, ì
shall be denied, withheld, terminated, or suspended, by any ì
agency or officer of the United States under any equal ì
employment opportunity law or order, where such employer has an ì
affirmative action plan which has previously been accepted by ì
the Government for the same facility within the past twelve ì
months without first according such employer full hearing and ì
adjudication under the provisions of title 5, United States ì
Code, section 554, [5 USC 554] and the following pertinent ì
sections: Provided, That if such employer has deviated ì
substantially from such previously agreed to affirmative action ì
plan, this section shall not apply: Provided further, That for ì
the purposes of this section an affirmative action plan shall be ì
deemed to have been accepted by the Government at the time the ì
appropriate compliance agency has accepted such plan unless ì
within forty-five days thereafter the Office of Federal Contract ì
Compliance has disapproved such plan.