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discrimination claims made by Federal em- 
ployees against the Federal Government, 
and for other purposes; jointly. to the Com- 
mittees on Education and Labor and Post 
Office and Civil Service. 
By Mr. THOMAS A. LUKEN (for him- 
self, 
Mr. 
WHITTAKER, 
and 
Mr. 
Bates): 
E.R. 5113. A bill to provide that the adver- 
tising and promotion of tobacco products 
and the sale of tobacco products in vending 
‘machines violates the Federal Trade Com- 
mission Act, to amend the Federal Trade 
Commission Act to authorize a continuing 
study of tobacco smoke, and for other pur- 
poses; to the Committee on Energy and 
Commerce. 
By Mr. MONTGOMERY (for himself, 
Mr. Hasnorscemint, Mr. Solomon, 
and Mr. McEwsn): 
HR. 5114. A bill to amend title 38, United 
States Code, to improve programs for the 
recruitment and retention 
of health-care 
personnel of the Veterans’ Administration, 
to extend certain expiring programs of the 
Veterans’ 
Administration, 
and 
for other 
oe to the Committee on Veterans’ Af- 
airs. 
By Mr. RODINO (for himself and Mr. 
Mazzoui): 
HLR. 5115. A bill to amend the Immigra- 
tion and Nationality Act to revise the nu- 
merica) Hmitation and preference system 
for admission of independent immigrants, 
and for other purposes; to the Committee 
on the Judiciary. 
By Mr. SCHULZE: 
BR. Bile. A bill to require the Adminis- 
trator 
of the 
Environmental 
Protection 
Agency to promptly commence 
remedial 
action at the Paoli Railyard Superfund site 
in Paoli, PA; to the Committee on Energy 
and Commerce. 
By Mr. STUDDS: 
- 
H.R. 5117. A bill to require that plastic 
ring carrier devices be degradable; jointly, to 
the Committee on Energy and Commerce 
and Merchant Marine and Fisheries. 
By Mr. BIAGGI: 
H.R. 5118. A bill to amend section 311 the 
Older Americans Act of 1965 to require the 
Secretary of Agriculture to provide assist- 
ance for two meals served daily per person; 
to the Committee on Education and Labor. 
By Mrs. ROUKEMA: 
H. Con. Res. 342. Concurrent resolution 
expressing the sense of the Congress that 
the current Federal income tax deduction 
for interest paid on residential mortgages 
should not be altered; to the Committee on 
Ways and Means. 
By Mr. DORNAN of California (for 
himself, Mr. Wotr, Mr. Lawros, Mr. 
Haut of Ohio, Mr. Siro of New 
Jersey, Mr. Crane, Mr. Porter, Mr. 
APPLEGATE, Mr. ATKIKS, Mr. BATE- 
man, Mr. Bereuter, Mr. BItraK15, 
Myr. 
Bonxker. 
Mr. 
Bovuirer, 
Mr. 
BROOMFIELD, Mr. Brown of Califor- 
NN 
Mr. Wass, 
Mr. Wo.rg, and Mr. 
WorrtTier:: 
BH. Res. 505. Resolution condemning the 
systematic violation of international! recog- 
nized buman rights by the Government of 
Romania; to the Committee on Foreign Af- 
fairs. 
By Mr. MOLINARI 
EH. Res. 506. Resolution requiring rendi- 
tion of the Pledge of Allegiance to the Fiag 
in the House of Representatives on each 
legislative day; to the Committee on Rules. 
MENORIALS 
Under clause 4 of rule XXII, memo- 
rials were presented and referred as 
follows: 
457. By the SPEAKER: Memorial of the 
Legislature of the State of Louisians, rela- 
tive to social security and related programs 
for State and local public employees; to the 
Committee on Ways and Means. 
458. Also, memorial of the Legislature of 
the State of Louisiana, relative to the fiscal 
integrity of State and local governments: to 
the Committee on Ways and Means. 
ADDITIONAL SPONSORS 
Under clause 4 of rule X"XTII, spon-~ 
sors were added to public bills and res- 
olutions as follows: 
H.R. 458: Mr. RICHARDSON. 
ELR. 639: Mr. Srupps. 
H.R. 1028: Mr. Combest, Mr. Courter, Mr. 
QUILLEN, 
Mr. Hayes 
of Louisiana, 
Mr. 
Sweenty, Mr. Mavnoves, and Mr. Price of 
North Carolina, 
E.R. 1443: Mrs. Rovkma and Ms. Snowe. 
BLR. 1580: Mr. ANDREWS and Mr. WYDEn. 
H.R. 1700: Mr. FauxtTroy. 
H.R. 1921: Mr. STANGELAND. 
E.R. 2039: Mr. McEwrn, Mr. Baker, Mr. 
Hoztoway, Mr. Packarp, Mr. Rince, and 
Mr. McCrery. 
E.R. 2532: Mr. Ortiz. 
H.R. 2727: Mr. MacKay. 
E.R. 2828: Mr. Wore, Mr. Levine of Cali- 
fornia, Mr. QUILLEN, Mr. Ort1z, and Mr. Dz- 
Fazio. 
_ ELR. 2926: Mr. Focirerta. 
ELR. 2940: Mr. Rose. 
H.R. 2999: Mr. Henry, Mr. Swirt, Mr. 
McHocu, Mr. Owens of Utah, Mr. Pours, 
Mr. Akaka, and Mr. JENKINS. 
E.R. 3112: Mr. Roz, Mr. DwyeErR of New 
Jersey, and Mr. Coyne. 
H.R. 3454: Mr. LeatH of Texas and Mr. 
MANTOR. 
H.R. 3478: Mr. Suitn of New Jersey. 
ELR. 3612: Mr. Eckarr. 
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SLR. 87H: Mr. Bonowst, afr. Poo 
and Mr. Baxze. 
oer 
‘ELR. 3769: Mtr. Warss. 
SLR. 3784: Mr. Buarreny and Mr. Ricmaa: 
Son. 
BR. 3900: Mr. Baxes and Mr. Howrowa: 
E.R. 3919: Mr. Lowzy of Washington an 
Mr. Tomzrce111. 
ER. 3940: Mr. Towns. 
E.R. 4011: Mr. Barmean and Mr. Wester. 
ELR. 6060. Mr. Srarimos, Mr. Drmariy 
Mr. Sapo, Mr. Tsomas A. LuKEn, Mr. Jour 
sox of South Dakota, Mr. Bosco, and M: 
Bovcuzr 
ELR. 4115: Mr. Hrxcrr. 
BR. 4156: Mr. Sxars, Mr. SxELToR, an 
Mr. Lowrny of California. 
ER. 4189: Mr. Gu.max, Mr. Marrinz, an: 
Mr. AKAKA. 
} 
HBLR. 4257: Mr. Pricz of North Carolins 
Mr. Broomrizmy, Mr. Eorryv, Mr. Kors: 
Mr. Bruyrragis, Mr. Circe, Mr. Ingtan 
Mr. Traxier, Mr. Bares, Mr. Wri. Mr 
Mica, and Mr. Parner. 
BR. 4277: Mr. Cowrz, Mr. Shumway, Mr 
Hovey, Mr. Spratt, Mr. Surrs of Fiorida 
Mr. Burcuwer, Mr. Macx, Mr. Davis of DL 
nots, Mr. Lancaster, and Mr. Burror of In 
diana. 
E.R. 4317: Mr. Hawocerscywipr, Mr. Sunp 
Quist, and Mr. Porrrr. 
ELR. 4438: Mr. DeFazio, Mr. MaRLEWwEE 
Mr. Evans, Mr. Mrome, and Mrs. Morriia. 
E.R. 4463: Mr. BALLENGER. 
H.R. 4526: Mr. SravcHrer of Virginia. Mr 
Wor, Mr. Cizacent, Mr. Scnurrrr, and Mr 
RIrvrezr. 
ELR. 4531: Mr. Shumway. 
ELR. 4543: Mr. Lowry of Washington. 
ELR. 4718: Mr. ATEms, Mr. CHAPMAN, anc 
Mr. Bontor of Michigan. 
E.R. 4719: Mr. Horrox, Mr. Wa.xerr, Mr. 
Conyers, Mrs. Co.tmuns, Mr. Ewnciise. Mr. 
NEAL, Mr. BARNARD, Mr. Lawros, Mr. Wis. 
Mr. Owens of New York, Mr. Towns, Mr. 
Sprarz, Mr. Ko.rrer, Mr. Erprrick. 
Mr. 
KieczKa, Mr. BustTaManre, Mr. Mavrinez. 
Mr. Sawyer, Mr. Grant, Mr. Crrncer, Mr. 
McCanviess, Mr. Craic, Mr. Nimson 
of 
Dtah, Mr. DioGuarn1, Mr. Licztroot, Mr. 
Bouter, 
Mr. 
Doratp 
E. LvEEKs, 
Mr. 
Hovcuror, 
Mr. Hasrert, Mr. Eri. 
Mr. 
Innorr, and Mr. Saas. 
H.R. 4734: Mr. Dornan of California, Mr. 
Borron of Indiana, Mr. Lacomarsrro, Mr. 
Worrtey, Mr. Neat, Mr. Lrwis of bila 
Mr. SHumway, Mr. Roz, Mr. LAxtos, 
Towns, and Mrs. BentT.ey. 
FLR. 4758: Mr. McCrery and Mr. Borsk1. 
H.R. 4860: Mr. Traxier, Mr. Favxtroy, 
Mrs. Corurns, Mr. NEAL, Mr. Bracct, Mr. La- 
GOMARSINO, Mr. Dwyer of New Jersey, Mr. 
Rance, Mr. Fazio, Mr. Garcia, Mr. pE Luco, 
and Mr. Owens of New York. 
H.R. 4866: Mr. Frost. Mr. Worrz, Mr. 
Derrick, Mr. ATKrns, Mr. Owens of New 
York, Mr. Levin of Michigan, Mr. Dreziums, 
and Mr. Kenwepy. 
ELR. 4869: Mr. Brevi. 
E.R. 4870: Mr. KaSTEnwerer, Mr. LEVINE 
of California, Mr. Panera, Mr. Worry, Mr. 
Swirt, Mr. TorRIce.ui, Mrs. Bent.ey, and 
Mr, MARTINEZ. 
H.R. 4902: Mr. Bryanr and Mr. Mav- 
ROULES. 
H.R. 4921: Mr. MARTINEZ. 
E.R. 4929: Mrs. Jonnson of Connecticut, 
“Mr. Exerson, and Mr. HERGER. 
BR. 4941: Mr. Perper, Mr. Towns, Mr. 
Kanjorsk1, Nr. Muppry, and Mr. Frank. 
HLR. 4942: Mr. Murpxy. 
H.R. 4955: Mr. AKaKa and Mr. McMran 
of North Carolina. 
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100TH CONGRESS 
2p SESSION 
‘ 
‘ 5 1 1 2 
To modify the authority of the Equal Employment Opportunity Commission to 
investigate and determine discrimination claims made by Federal employees 
against the Federal Government, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JuLy 28, 1988 
. Lantos (for himself, Mr. Frank, Mr. DioGuarpi, and Mr. NiELson of 
Utah) introduced the following bill; which was referred jointly to the Com- 
mittees on Education and Labor and Post Office and Civil Service 
A BILL 
modify the authority of the Equal Employment Opportunity 
Commission 
to investigate and determine 
discrimination 
claims made by Federal employees against the Federal 
Government, and for other purposes. 
Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
| 
This Act may be cited as the ‘“‘Federal Employee Dis- 
crimination Complaint Procedures Act of 1988’’. 
SEC. 2. AMENDMENTS. 
(a) DEFINITIONS.—Section 701 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e) is amended— 
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(1) in paragraph (f) by striking “The term” and 
inserting ‘Except when it appears as part of the term 
‘Federal employee’, the term ”’, and 
(2) by adding at the end the following: 
ment Opportunity Commission. 
“(m) The term ‘entity of the Federal Government’ 
2 
3 
4 
STAT 
5 
“Q) The term ‘Commission’ means the Equal Employ- 
Ct 
ed 
6 
7 
8 means an entity to which section 717(a) applies, except that 
9 such term does not include the Library of Congress. 
10 
“(n) The term ‘Federal employee’ means an individual 
11 who is employed by an entity of the Federal Government. 
12 
“(o) The term ‘Federal employment’ means employment 
13 by an entity of the Federal Government. 
14 
“(p) The terms ‘government’, ‘government agency’, and 
15 ‘political subdivision’ do not tcluascete cutie et 
the Poles 
16 Government.”. 
17 
(b) EEOC AND JUDICIAL DETERMINATION OF Dis- 
18 CRIMINATION CLAIMS RELATING TO FEDERAL EMPLoy- 
19 MENT.—Section 717 of the Civil Rights Act of 1964 (42 
20 U.S.C. 2000e-16) is amended— 
21 
(1) by redesignating subsection (e) as subsection 
22-—— (), and 
23 
(2) by striking subsections (c) and (d) and inserting 
24 
the following: 
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“(c)(1) Whenever a charge is filed timely by or on behalf 
of an individual, or by a member of the Commission, alleging 
that an entity of the Federal Government has engaged in 
2 
3 
4 discrimination based on race, color, religion, sex, or national 
5 origin, the Commission shall— 
6 
“(A) serve a notice of the charge (including the 
7 
date, place, and circumstances of the alleged discrimi- 
8 
nation) on the head of such entity not later than 10 
| 
9 
days after the charge is filed; and 
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10 
“(B) make an investigation of the charge. 
11 
“(2)(A) A charge filed under this section shall be in 
12 writing under oath or affirmation and shal! contain— 
13 
““(i) such information and be in such form as the 
14 
Commission requires; and 
15 
“Gi) a certification that, not less than 30 days 
16 
before the charge is filed, such individual— 
17 
“(I) notified such entity of the specific nature 
18 
of such charge and the intent to file such charge; 
19 
and 
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20 
_ 
“(I1) was reasonably available for counseling 
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21 
by such entity regarding such charge. 
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22 
“(B) A charge arising under this section shall be filed 
23 with the Commission not later than 180 days after the al- 
24 leged discrimination occurs. 
. 
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‘(3)(A) Whenever a charge is filed under this section 
a 
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 section, 
the Commission may bring a civil action in an appropriate 
district court of the United States for appropriate temporary 
or preliminary relief pending final disposition of the charge. 
“(B) Any temporary restraining order or other order 
ie] 
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bo granting preliminary or temporary relief shall be issued in 
accordance with rule 65 of the Federal Rules of Civil Proce- 
(a 
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© dure, except that any such order may be issued by the court 
if the Commission shows that— 
—y bo 
“(i) there is a substantial likelihood that the indi- 
fom us 
vidual aggrieved by the unlawful discrimination alleged 
| en 
col >, 
in such charge will prevail on the merits of such 
pore oO 
charge; and 
““Gi) undue hardship to such individual will result 
deme a] 
if the court does not issue such order. 
punt [ee] 
19 
“(4)(A) Not later than 60 days after a charge is timely 
20 filed, the Commission shall determine whether ete is rea- 
21 sonable cause to believe that the charge is true. 
22 
“(B) The Commission shall promptly notify the individ- 
| 
23 ual aggrieved by the alleged discrimination and the respond- 
: 
24 ent of its determination under subparagraph (A). 
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““(5)(A) If the Commission determines after such investi- 
2 gation that there is reasonable cause to believe that the 
3 charge is true, the Commission shall endeavor to eliminate 
4 the alleged unlawful discrimination by informal methods of 
5 conference, conciliation, and persuasion. 
6 
“(B) If the Commission— 
7 
“(j) does not comply with subparagraph (A); or 
8 
“(i) determines that there is reasonable cause to 
9 
believe that the charge is true and is unable to secure, 
10 
within the 90-day period beginning on the date the 
11 
charge is filed, from the respondent 
a conciliation 
12 
agreement acceptable to the individual aggrieved by 
13 
the alleged discrimination; 
14 then such individual, not later than 120 days after the charge , 
15 
is filed, either may file a request with the Commission that 
16 such charge be adjudicated by an administrative law judge of 
17 the Commission or may commence a civil action in an appro- 
18 priate district court of the United States based on the claim 
19 with respect to which the charge is filed. Such civil action 
20 shall be dismissed if such individual timely files such a re- 
21 
quest with the Commission. 
22 
“(C) If the Commission determines timely that there is 
23 no reasonable cause to believe that the charge is true— 
24 
“G) the Commission shall immediately dismiss the 
25 
charge; and 
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“(i) such individual, not later than 120 days after 
2 
the charge is filed, may commence a civil action in an 
3 
appropriate district court of the United States based on 
| 
4 
the claim with respect to which the charge is filed. 
5 
“(D) The standards and procedures applicable to deter- 
6 mining under section 706(b) whether there is reasonable 
7 cause to believe that a charge is true shall apply with respect 
8 to determining under this subsection whether there is reason- 
9 able cause to believe that a charge is true. 
10 
“(6)(A)(G) If the Commission receives under paragraph 
11 (5)(B) a timely request that the charge be adjudicated by an 
12 administrative law judge of the Commission, an administra- 
13 tive law judge shall determine the charge in accordance with 
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14 section 554 of title 5 of the United States Code, notwith- 
15 standing subsection (a)(2) of such section, after an opportuni- 
16 ty for a hearing on the record. Such hearing, if any, shall be ~ 
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18 ceives such timely request. Not later than 90 days after the 
19 conclusion of such hearing, the administrative law judge shall 
20 dbteraitie the charge in accordance with such section. 
21 
“(i) For purposes of making such determination, the 
22 Commission shall issue subpoenas in accordance with section 
23 555(d) of title 5, United States Code. 
24 
“(B)(i) If a preponderance of the evidence received dem- 
25 onstrates that the charge is true, then the administrative law 
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1 judge shall issue, and cause to be served on the head of such 
2 entity, an order requiring such entity— 
3 
“(I) to cease and desist from engaging in the un- 
4 
lawful discrimination alleged in the charge; 
5 
“(Z) to take such affirmative action as may be 
6 
appropriate; and 
7 
“(II]) to provide any appropriate relief of a kind 
§ 
described in subsection (d)(2)(A). 
9 
“(a) If a preponderance of the evidence fails to demon- 
10 strate that the charge is true, then the administrative law 
11 judge shall issue an order dismissing the charge. 
12 
“(C)(Gi) Not later than 30 days after an administrative 
13 law judge issues an order under subparagraph (B), an individ- 
14 ual or entity of the Federal Government aggrieved by such 
15 order may appeal such order to the Commission. 
16 
““(i) Not later than 90 days after such order is appealed 
17 
to the Commission, the Commission shal] affirm, reverse, or 
18 modify such order. 
19 
“(ii) An individual who is aggrieved by— 
20 
“() such order and does not appeal such order to 
21 
the Commission; 
22 
“(II) a determination made under clause (ii) by 
23 
the Commission; or 
24 
“(II) by the failure of the Commission to comply 
25 
with clause (ii); 
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may commence a civil action, not later than 30 days after 
such determination is timely made, or 120 days after such 
order is issued under subparagraph (B), whichever occurs 
earlier, for judicial review in the United States Court of Ap- 
peals for the District of Columbia Circuit or in the United 
States Court of Appeals for the circuit in which the unlawful 
discrimination is alleged to have occurred, for the circuit in 
which the employment records relevant to such discrimina- 
tion are maintained and administered, or for the circuit in 
which such individual would have worked but for the alleged 
discrimination in violation of subsection (a). 
“(iv) If an individual with respect to whom a charge is 
filed under this section prevails under this section with re- 
spect to unlawful discrimination alleged in the charge, the 
entity that engaged in such unlawful discrimination shall pro- 
vide to the individual all the relief— 
“() that is awarded under this section to such in- 
dividual; and 
“(I1) with respect to which a timely appeal is not 
taken under this section or under title 28 of the United 
States Code. 
“(v) The Commission may commence a civil action, in 
any court of appeals of the United States referred to in clause 
(iii), to enforce— 
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“(I) an order issued under subparagraph (B) by an 
2 
administrative law judge if an appeal from such order 
3 
is not taken timely under clause (i) or (iii); or 
4 
“() an order issued under clause (ii) by the Com- 
5 
mission if a civil action to review such order is not 
6 
commenced timely under clause (ii). 
7 
“(vi) To enforce an order referred to in clause (v), the 
8 Commission may order that any employee charged with com- 
9 plying with such order shal] not be entitled to receive pay- 
10 ment for service as an employee during any period that such 
11 order has not been complied with. The Commission shall cer- 
12 tify to the Comptroller General of the United States that an 
13 order has been issued under this clause. No payment shall be 
14 made out of the Treasury of the United States for any service 
15 specified in the order issued under this clause by the Commis- 
16 sion. 
17 
“(7)(i) Upon commencement of a civil action under para- 
18 graph (6)(C), the Commission shall file with the court of ap- 
19 peals the record in accordance with section 2112 
of title 28, 
20 United States Code. 
21 
“<ii) Upon commencement of a civil action under para- 
22 graph (6)(C), the court shall cause notice of the action to be 
23 served on the parties involved. 
24 
“Gii) The commencement of a civil action under para- 
25 graph (6)(C) shall not operate as a stay of the order with 
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respect to which the action is commenced, but the court in its 
discretion, may suspend the operation of such order pending & 
determination of the action. 
““iy)(1) Review by the court of appeals of an order 
issued under paragraph (6)(B), including any determination 
a 
on 
f® 
08F 
WO made under paragraph (6)(C)(i) by the Commission, shall be 
7 on the record in accordance with section 706 of title 5, 
8 United States Code. 
9 
_ “() No objection that has not been urged before the 
10 administrative law judge or the Commission, as the case may 
11 be, may be considered by the court unless the failure to urge 
12 such objection is excused by extraordinary circumstances. 
13 
“(II1) The findings of the administrative law judge or 
14 the Commission, as the case may be, with respect to ques- 
15 tions of fact shall be conclusive if supported by a preponder- - 
16 ance of the evidence on the record considered as a whole. 
17 
“([V) If the individual or the entity of the Federal Gov- 
18 ernment with respect to which such order applies requests 
19 leave to adduce additional evidence and shows to the satisfac- 
90 tion of the court that the additional evidence is material and 
921 that there were reasonable grounds for the failure to adduce 
92 the additional evidence before the administrative law judge or 
93 the Commission, as the case may be, then the court may 
94 order the additional evidence to be taken before the Commis- 
95 sion, or its designee, and to be made a part of the record. 
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‘“(V) The administrative law judge or the Commission, 
1 
2 as the case may be, may modify its findings as to the facts, or 
3 may make new findings, by reason of additional evidence so 
4 taken and filed. The administrative law judge or the Commis- 
5 sion shall file any modified or new findings, which shall be 
6 conclusive with respect to questions of fact if supported by a 
preponderance of the evidence on the record considered as a 
8 whole. The administrative law judge or the Commission shal] 
9 file recommendations, if any, for the modification or setting 
10 aside of the order, including any determination made under 
11 paragraph (6)(C)(ii) by the Commission. 
| 
12 
“(VI) On the filing of the record with the court, the 
13 jurisdiction of the court shall be exclusive and its judgment 
14 shall be final, except that the judgment shall be subject to 
15 review by the Supreme Court of the United States upon writ 
16 of certiorari or certification as provided in section 1254 of 
17 
title 28.. 
18 
“(8) The courts of appeals of the United States (other 
19 than the United States Court of Appeals for the Federal Cir- 
20 cuit) shall have jurisdiction to review orders issued under this 
21 section by administrative law judges, including any determi- 
22 nation made under paragraph (6)(C)(i) by the Commission. 
23 
“(@)(1)(A) The district courts of the United States shall 
24 have jurisdiction of actions commenced under this section, 
25 other than subsection (c)(6)(C). 
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1 
“(B) With respect to a claim arising under this section, 
2 an action may be commenced in the United States District 
3 Court for the District of Columbia or in any judicial district in 
4 which the unlawful discrimination is alleged to have oc- 
5 curred, in the judicial district in which the employment 
6 records relevant to such discrimination are maintained and 
7 administered, or in the judicial district in which the aggrieved 
8 individual would have worked but for the alleged unlawful 
9 discrimination. 
10 
“(2)(A) If the district court finds that an entity of the 
11 Federal Government intentionally engaged in, or is intention- 
12 ally engaging in, unlawful discrimination in violation of sub- 
13 section (a), the court may enjoin such entity and the head of 
14 such entity from engaging in such unlawful discrimination, 
15 and order such affirmative action as may be appropriate, 
16 which may include reinstatement or hiring of employees (with 
17 or without backpay) or such other equitable relief as the court 
18 deems appropriate. 
. 
19 
“(B) Back pay liability shall not accrue from a date oc- 
20 curring more than 2 years before the filing of the charge with 
21 the Commission. 
22 
““(C) No order of a district court shall require the hiring, 
23 reinstatement, or promotion of an individual as an employee 
24 or the payment 
to an individual of any back pay if the indi- 
25 vidual was refused employment, was refused advancement, or 
te 
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1 was suspended or discharged for any reason other than dis- 
2 crimination on account of race, color, religion, sex, or nation- 
3 al origin or in violation of subsection (a). 
4 
“(e) The provisions of the Act entitled “An Act to 
5 amend the Judicial Code and to define and limit the jurisdic- 
6 tion of courts sitting in equity, and for other purposes’’, ap- 
7 proved March 23, 1932 (29 U.S.C. 101-115), shall not apply 
8 with respect to actions commenced under this section. 
9 
“(f) If an entity of the Federal Government or the head 
10 of such entity fails to comply with an order of a court issued 
11 
in an action commenced under this section, the Commission 
12 or the prevailing party may commence 
a proceeding to 
13 compel compliance with such order. 
14 
‘(g) Any action or proceeding commenced under this 
15 section, in a district court of the United States shall be sub- 
16 ject to appeal as provided in sections 1291 and 1292 of title 
17 28, United States Code. 
18. 
“(h) In any action or proceeding commenced under this 
19 section, the court, in its discretion, may allow the prevailing 
20 party, other than the Commission or an entity of the Federal 
| 
21 Government (including the head of such entity), a reasonable 
22 attorney’s fee as part of the costs. An entity of the Federal 
23 Government shall be liable for costs and interest the same as 
24 a private person. 
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“(i) If an individual with respect to whom a charge is 
filed under this section prevails under this section with re- 
spect to unlawful discrimination alleged in the charge, the 
entity that engaged in such unlawful discrimination shall pay 
interest on any monetary relief awarded to such individual. 
Interest shall be paid under this subsection at the rate deter- 
mined under section 1961(a) of title 28, United States Code, 
and shall run from the date the charge is filed to the date 
co 
ao 
JN 
DO 
oO 
B® 
BD 
HO 
me such relief is paid or the date from which interest begins to 
10 accrue under section 1961 of such title, whichever occurs 
11 
earlier. 
Q\ 
“(j) Any amount (including an attorney’s fee, costs, and 
13 interest) awarded under this section shall be paid by the Fed- 
14 eral entity that violated subsection (a) from any funds made 
| 
15 available 
to such entity by appropriation or otherwise. 
16 
“(k) This section, as in effect immediately before the 
I 17 effective date of the Federal Employee Discrimination Com- 
18 plaint Procedures Act of 1988, shall apply with respect to 
19 employment in the Library of Congress.”’. 
ca | 
| Sh 
20 SEC. 3. EEOC AUTHORITY TO CONDUCT LITIGATION. 
21 
Section 705(b) of the Civil Rights Act of 1964 (42 
22 U.S.C. 2000e-4(b)) is amended— 
23 
(1) in paragraph (2) by striking ‘‘Attorneys’’ and 
: 
24 
inserting “Subject to the requirement specified in para- 
ae 
25 
graph (3), attorneys’, and 
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(2) by adding at the end the following: 
a 2 
(3) Notwithstanding sections 516, 517, 518, and 519 
3 of title 28, United States Code, and paragraph (2) of this 
4 subsection, 
attorneys 
appointed under 
this section 
shall 
5 appear for and represent the Commission in any case in court 
6 with respect to a claim arising under section 717 against an 
7 entity of the Federal Government.”. 
8 SEC. 4. TECHNICAL AMENDMENTS. 
9 
Section 717(b) of the Civil Rights Act of 1964 (42 
10 U.S.C. 2000e-16(b)) is amended by striking ‘Civil Service 
11 Commission” each place it appears and inserting ““Commis- 
12 sion”. 
13 SEC. 5. TRANSFERS OF PERSONNEL AND RECORDS. 
14 
(a) PERSONNEL REQUIRED To BE TRANSFERRED.— 
15 Civilian personnel who are employed on the effective date 
of ‘ 
16 this Act by an entity of the Federal Government (as defined 
17 in section 701(m) of the Civil Rights Act of 1964, as added 
18 by section 2(a)(2)) in permanent positions the full-time duties - 
19 of which are— 
ee 
(1) investigating charges filed under section 717 
21 
of such Act against such entity, 
; 
22 
(2) recommending to the Equal Employment Op-. 
23 
portunity Commission the disposition of such charges, 
* 
24 
or 
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(3) a combination of the activities specified in 
JURA 
2 
paragraphs (1) and (2), 
3 shall be transferred in accordance with subsection (b) to the 
4 Commission. 
5 
(b) Time OF TRANSFER.—The Director of the Office of 
6 Management and Budget shall determine a schedule for the - 
7 orderly transfer required by subsection (a) of personnel from 
8 the various entities of the Federal Government. Such sched- 
9 ule shall take into consideration the needs of each entity of 
10 the Federal Government to retain sufficient skilled personnel 
11 to complete administrative action on those charges filed 
12 under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
13 2000e-16)— 
14 
(1) that are pending before such entity, and 
15 
(2) to which the amendments made by this Act do 
16 
not apply. 
17 
(c) EFFECT 
ON TRANSFERRED PERSONNEL.— The 
18 transfer in accordance with this section of any Federal em- 
19 ployee shall not cause such employee to be separated from 
920 service, or reduced in grade or compensation, in the 1-year 
21 period beginning on the date such employee is transferred. 
22 
(a) Recorps.—Not later than 10 days after the effec- 
93 tive date of this Act, the head of each entity of the Federal — 
24 Government shall transfer to the Equal Employment Oppor- 
95 tunity Commission all records relating to charges arising 
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17 
under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-16)— 
(1) that are filed against such entity, and 
(2) with respect to which such entity does not 
issue to the individuals by or on whose behalf such 
charges are filed proposed dispositions of such charges, 
before the effective date of this Act. 
(e) 
EFFECT 
ON 
ADMINISTRATIVE 
JUDGES 
OF 
EEOC.—The amendments made by this Act, and the imple- 
mentation of such amendments, shall not cause any individual 
who on the effective date of this Act is an administrative 
judge of the Equal Employment Opportunity Commission to 
be separated from service, or reduced in grade or compensa- 
tion, in the 1-year period beginning on such effective date. 
SEC. 6. RULES OF CONSTRUCTION. 
(a) EFFECT ON FEDERAL GRIEVANCES PROCEDURE.— 
The amendments made by this Act shall not be construed to 
supersede or modify the operation of section 7121(d) of title 
5, United States Code. 
© 
(b) REFERENCES IN OTHER Laws.—Any reference in 
any law (other than title VII of the Civil Rights Act of 1964) 
to any provision of title VII of the Civil Rights Act of 1964 
amended by this Act shall be deemed to be a reference to 
such provision as amended by this Act. 
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1 SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
2 
(a) EFFECTIVE DaTEe.—This Act and the amendments 
3 made by this Act shall take effect— 
4 
(1) 1 year after the date of the enactment of this 
5 
Act, or 
6 
(2) on the first day of the first fiscal year begin- 
7 
ning after the date of the enactment of this Act, 
8 whichever occurs later. 
9 
(b) APPLICATION OF AMENDMENTS.—Except as pro- 
10 vided in section 6(b), the amendments made by this Act shall 
11 apply only with respect to— 
12 
(1) charges filed under section 717 of the Civil 
13 
Rights Act of 1964 (42 U.S.C. 2000e-16) on or after 
14 
the effective date of 
this Act,-and 
. 
15 
(2) charges filed under such section before such 
16 
effective date if, as of such effective date, the entities 
17 
of the Federal Government 
(as defined in section 
18 
701(m) of the Civil Rights Act of 1964, ‘as added by 
19 
section 2(a)(2)) against whom such charges are filed 
20 
have not issued to the aggrieved individuals proposed 
21 
dispositions of such charges. 
22 
(c) COMPUTATION OF TIME WiTH RESPECT TO CER- 
23 TAIN PENDING CHARGES.—For purposes of section 717 of 
24 the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), as 
25 amended by section 2(b)(2), charges described in subsection 
mewn 
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1 (b)(2) of this section that are timely filed before the effective 
2 date of this Act shall be considered to be— 
3 
(1) timely filed: under such section 717 as so 
4 
amended, and 
5 
(2) filed with the Equal Employment Opportunity 
6 
Commission immediately after such effective date. 
O 
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2-1 
EALTH & WELFAR 
e 
Ch. 21 
Ch. 21 
CIVIL RIGHTS 
42 § 2000e 
[MUNITY RELATI 
Continued 
ONS SERVICE— 
SUBCHAPTER VI—EQUAL EMPLOYMENT OPPORTUNITIES 
ther agencies; 
conciliati 
tote 
§ 2000e. 
Definitions 
Rak gies oe ie 
For the purposes of this subchapter— 
: 
ions; oeueeaae of investigative or 
Wel 
(a) The term “person” includes one or more individuals, g0V- 
. 
and 
penalties. 
se ernments, governmental agencies, political subdivisions, labor 
unions, partnerships, associations, corporations, legal represent- 
atives, mutual companies, joint-stock companies, trusts, unincor- 
porated organizations, trustees, trustees jn cases under Title 11, 
[ISCELLAN EOUS PROVISIONS 
or receivers. 
— 
i 
; 
roceedings: trial by jury, crimi 
(b) The term “employer” means a person engaged in 8p ah 
eptions, intent;. civil palette prac- 
dustry affecting commerce who has fifteen or more employees 
Ran 
pt proceed- 
J 
- 
for each working day in each of twenty or more calendar weeks 
in the current or preceding calendar year, and any agent of 
ecific crimes and 4 
crimina 
: 
inal contempts. 
put such term does not include (1) the United 
larly undertaking with or 
ithout compensation to procure em- 
prney General; denial 
race, color, religion oe Protec- 
States, a corporation wholly owned by the Government of the 
isi 
- 
: 
or national 
United States, an Indian tribe, or any department or agency of 
sions not to affect authori 
the District of Columbia subject by statute to procedures of the 
to institute or veins sie 
Date as 
competitive service (as defined in section 2102 of Title 5), oF 
F 
actions or 
(2) a bona fide private membership club (other than @ labor or- 
isons not to exclude operati 
ganization) which is exempt from taxation under section 501(c) 
nlidate consistent State law: poly or State 
of Title 26, except that during the first year after March 24, 
opriations. 
™ 
1972, persons having fewer than twenty-five employees (and 
tons. 
their agents) shall not be considered employers. 
=. 
“(c) The term “employment agency” means any person regu- 
| 
i 
ployees for an employer or to procure for employees opportunl- 
ties to work for an employer and includes an agent of such & 
industry affecting commerce, and any agent of 
such an organization, and includes any organization . of any 
: 
_kind, any agency, 
_ 
association, or plan so engaged in which employees participate 
eas 
PL Saw ge 
8 
lang 
_-and which exists for the purpose, in whole or in part, of dealing 
BE 
ERE SER 
Se ae 
een 
aoa 
with employers concerning grievances, Jabor disputes, wages 
: 
or other terms or conditions of employment, 
nt or system poard, 
inate to 8 national 
a 
se 
Beha 
day 
Hf. 
tty 
dees; 
: 
OM tera? dege 
0 8 
= 
~ 
and any conference, general committee, joi 
; 
- 
pools: 
; 
& 
or joint. council so engaged which is 
subore: 
°o La s q a] 
g. ° & = 
‘oF 
-o 
ie} a 
-) ae 
| ; ‘fh 
o p i : 
. ta“ 4 af t 
-. 
so31'(e) A labor organization shall be deemed to be ngaged in an 
44 findustry affecting ecommerce if (1) it maintains or operates & 
. “hiring hall or hiring “office which procures employees for aD 
, 
_ employer or procures for employees opportuni 
we 
: 
-+ <an employer, or (2) the number of its members (or, where it is 
_:.@ labor organization composed of, other abor, organizations or 
eS (5 
be Ce 
f 
a¥f 
ee 
BE 
testasboatinel 
srs 
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7 
42 §2000e 
pustic HEALTH & WELFARE 
Ch. 21 
their representatives, if the aggregate number of the members 
of such other labor organization) is (A) twenty-five or more 
during the first year after March 24, 1972, or (B) fifteen or 
more thereafter, and such labor organization— 
(1) is the certified representative of employees under the 
provisions »f the National Labor Relations Act, as amend- 
ed, or the Railway Labor Act, as amended; 
(2) although not certified, is a national or international 
labor organization or a local labor organization recognized 
or acting as the representative of employees of an employer 
or employers engaged in an industry affecting commerce; 
or 
(3) has chartered a local labor organization or subsidiary 
body which is representing or actively seeking to represent 
employees of employers within the meaning of paragraph 
(1) or (2); or 
. 
(4) has been chartered by a labor organization represent- 
ing or actively seeking to represent employees within the 
meaning of paragraph (1) or (2) as the local or subordi- 
nate body through which such employees may enjoy mem- 
bership or become affiliated with such labor organization; 
or 
(5) is a conference, general committee, joint or system 
board, or joint council subordinate to a national or interna- 
tional labor organization, which includes a labor organiza- 
tion engaged in an industry affecting commerce within the 
meaning of any of the preceding paragraphs of this subsec- 
tion. 
, 
: 
f) Phe-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 subdivi- 
sion of any State by the qualified voters thereof, or any person 
chosen by such officer to be on such officer’s personal staff, or 
an appointee on the policy making level or an immediate adviser 
with respect to the exercise of the constitutional or legal pow- 
ers of the office. 
The exemption set forth in the preceding sen- 
“tence shall not include employees subject to the civil service 
laws of a State government, governmental agency or political 
subdivision. 
Be 
RI 
SEE 
RRS 
ee 
Me 
gE ag 
(g) The term “commerce” means trade, traffic, 
- 
commerce, 
transportation, transmission, or communication among the sev- 
- eral States; or between a State and any place outside thereof; 
or within the District of Columbia, or a possession of the Unit- 
ed States; or between points in the same State but through a 
point outside thereof. 
el 
ea 
SS 
ee 
(hb) The term “industry affecting commerce” means any ac- 
‘tivity, business, or industry in commerce or in which a labor 
16 
. 
oe 
° 
Blea 
th tee 
3 
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HEALTH & WELFARE 
Ch. 21 
; the aggregate number of the members 
nization) is (A) twenty-five or more 
ter March 24, 1972, or (B) fifteen or 
labor organization— 
d representative of employees under the 
ational Labor Relations Act, as amend- 
abor Act, as amended; 
| 
certified, is a national or international 
r a local labor organization recognized 
sentative of employees of an employer 
d in an industry affecting commerce; 
a local labor organization or subsidiary 
enting or actively seeking to represent 
rs within the meaning of paragraph 
; red by a labor organization represent- 
ng to represent employees within the 
h (1) or (2) as the local or subordi- 
hich such employees may enjoy mem- 
filiated with such labor organization ; 
e, general committee, joint or system 
i subordinate to a national or interna- 
tion, which includes a labor organiza- 
dustry affecting commerce within the 
e preceding paragraphs of this subsec- 
”’ means an individual employed by an 
term “employee” shall not include any 
ffice in any State or political subdivi- 
qualified voters thereof, or any person 
be on such officer’s personal staff, or 
making level or an immediate adviser 
ise of the constitutional or legal pow- 
mption set forth in the preceding sen- 
mployees subject to the civil service 
ent, governmental agency or political 
Porewines. 
LG 
THA GES 
ce” means trade, traffic, ‘commerce, 
on, or communication among the sev- 
State and any place outside thereof; 
olumbia, or. possession of the Unit- 
ints in the same State but through a 
- 2. 
Ne 
385: Pudetd 
WS tereigmy 
: affecting’ commerce” ‘means any ac- 
ry in commerce or in ‘which a labor 
16 
Ch. 21 
42 § 2000e 
i 
the free flow of 
dispute would hinder or obstruct commerce or 
h 
] 
é 
eeuuees and includes any activity or industry 
affecting com: 
merce” within the meaning of the Labor-Management Reporting 
and Disclosure Act of 1959, and further includes any govermen: 
tal industry, business, or activity. 
Oe 
oy 
ave 
i 
of 
ey 
‘of the Unite 
es, 
i) The term 
“State 
includes a State of 
th 
' 
se District of Columbia, Puerto Rico, the Virgin Islands, mies 
ican Samoa, Guam, Wake Island, the Canal Zone, and 2 : 
Continental Shelf lands defined in the Outer Continental S e 
Lands Act. 
a 
Ay 
re a 
Gg 
“religion” 
i 
ts of religio 
- 
) The term 
“religion 
includes all aspec 
iio and practice,.as well as belief, unless an employer 
demonstrates that he is unable to reasonably accommodate to an 
CIVIL RIGHTS 
— 
ee’s or 
prospective employee’s religious observance or 
ei aithout undue hardship on the conduct of the employ- 
‘er’s business. 
= 
- - 
ee 
ae Fr 2 
e terms “because of sex” or “on the 
basis 0 sex” 
in- 
Age bien 
are not limited to, because of or on the basis of ae 
nancy, childbirth, or related medical conditions; and phe ; 
fected by pregnancy, childbirth, or related medical condition 
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 re 
bility to work, and nothing in section 2000e-2(h) of this : d 
‘ghall be interpreted to permit otherwise. This subsection 8 8 
not require an employer to pay for health insurance benefits 
for 
_ abortion, except where the life of the mother would be eer 
gered if the fetus were carried to term, or except where Pagan 
complications have arisen from an -abortion: 
Provided, - a 
nothing herein shall preclude an employer from providing | or- 
tion benefits or otherwise affect bargaining agreements In re- 
gard to abortion. ~* 
— 
: 
a 
ene 
oan 
weet» 
ORL 
RES 
89-554, § 8(a), Sept. 6, 1966, 80 Stat. 
6 
24, 1972, 86 Stat..108; Pub-L. 95-555, 
2076; Pub.L: 95-598, Title IIT, § 330, 
se 
wot 
D8 
Me 
Suet anines ree mete e La 
ann 
pee 
ae 
tle. 
seme a ita an mall- 
rences 
“The National La- 
8 (section 151 et weq.) 
ber Rela 
anegy apr amended, referred 
roads. ea see in ot 
1), 
is Act July 5, 1935, 
this ‘Act-to 
the 
Code, 
ar ee 
es gah aes amended, which is 
Title 45 ‘end ‘Tables volume. 23 ah53%t 
classified generally to subchapter II (sec- 
“' o.°-"T shor-Management Reporting and 
tion 151 et seq.) of chapter 7 of Titie 29, Teicclouure Nog 
of "050, geferred “to in 
‘Labor. ‘For complete classification of this =2 10. (nj. js “Pub.L. 86-257, Bept. “14, 
“Aet to the Code, 
see section 167 of Title ~jo59 —73 “stat. 
619, which Is ‘classified 
“99 and Tables volume. “4+ ae ae 
- a wae “principally to chapter “11. (ection = be 
lame Raitway Labor ‘act, “an amended, ..seq.) of Title 20, Labor. a == ve 
“peferred to in subsec. (e)(i), is Act May classification of this Act to the Cos, to 
29 1926, c. 347, 44 Stat. 577, as amended, 
Short Title note set out under section © 
. 
‘J 
which is classified principally to chapter 
of Title 
29 and Tables yolNme. oz 
coseree- 
STAT 
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t 
t 
‘ 
i 
i 
i 
{ 
Ch. 21 
un- 
orders granting a Hmited 
preference 
ies 
the 
entry 
level 
to micibeds of pial 
Mist 
that 
have 
previously 
been discriminated 
the 
against. 
Prate 
v. 
Freedman, 
D.C.N.Y. 
mgs. 1977, 430 F.Supp. 1373, affirmed 573 F.2d 
nt’s 
12D4, 1300, certiorari denied 98 S.Ct. 2274 
hich 
436 U.S, 922, 56 L.Ed.2d 765. 
: 
ger 
had 
Absent congressional indication that a 
necessary remedy in dealing with racial 
men 
discrimination in employment should 
be 
on- 
& federal common-law action for tortious 
on. 
interference with 
the affirmative action 
in 
and nondiscrimination covenants 
in gov- 
na- 
&Foment contracts, building and construc- 
tion 
trades 
council 
and 
unions 
which 
EALTH & WELFARE 
‘oo) 
were 
voluntary, 
unincorporated 
- 
tions lacking capacity ate or spptiae 
.under Missouri law could not be sued by 
government for tortious interference with 
ee 
performance of such covenants. 
U. 8. y, 
rhein 8 pas Const. 
Trades Council of 
. 
Louls, Mo., AFL-CIO, 
D.C.Mo. 
Re F.Supp. 447. 
aa a 
in- 
University’s 
remedies 
for 
contractor’s 
- 
alleged noncompliance with equal oppor- 
u- 
tunity clause in contract to construct res- 
el. 
idence hall were not lmited to cancella- 
af- 
tion of contract and declaration that con- 
98 
tractor be declared ineligible for further 
61. 
government contracts, or such other sanc- 
tions as could be imposed and remedies 
invoked ax provided by Ex.Ord.No.11246 
set out as a note under this section, re- 
quiring equa! opportunity in federal em- 
ployment. 
Trustees 
of Tufts College 
y. 
Volpe Const. Co., 1970, 264 N.E.2d 676, 358 
Masa. 331, 44 A.L.R.8d 1272, 
rer 
if- 
lo- 
rs 65, —— Injunctions 
He 
In suit for relief for violation of this 
Ff 
subchapter and for interference with im- 
pie aroha of Ex.Ord.No.11246, set out 
as a note under this section, and secti 
a 140 of Title 23, im light of historical cy 
Y 
clusion 
of blacks from 
the locals reen- 
B- 
forced 
by 
nepotism 
and 
hiring 
hall 
& 
“jump-up” referrals and militant opposi- 
s- 
tion 
to plan for recruitment, placement 
P- and training of minority group members 
mn 
in highway construction industry and to 
the 
equal 
employment 
‘opportunities 
> 
Which the plan was striving to achieve, it 
was immaterial whether defendant jocals 
were nignatories to the plan and United 
States wan entitled to appropriate affirm- 
ative relief, including permanent injunc- 
tion prohibiting discriminatory practices. 
U. 8. v. United Broth. of Carpenters and 
1 Joiners 
of America, 
Loca! 
169, C_AII. 
2 
1972, 457 F.2d 210, certiorari denied $3 S. 
. 
Ct. 63, 409 Us. 851, % L.Ed.2d 94." 
Government contractor, which because 
of its mandatory maternity leave policy 
for pregnant flight attendants had been 
» 
determined to be subject to denial with- 
| out hearing of two future unrelated con- 
68 
\o 
t 
wit 
ee 
eats 
Ch. 21 
tracts, which had shown requisite proba- 
bility of success on merits for its claim 
that it had suffered de facto “debarment” 
or at the very least had established pres- 
ence 
of 
sufficiently 
serious 
questions 
going 
to 
merits 
to 
make 
them 
fair 
grounds for litigation, which would suf- 
fer irreparable injury because of “passov- 
er” on one contract and which represent- 
ed public interest in assuring that gov- 
ernment agencies comply with laws 
or 
executive orders, was entitled to prelimi- 
nary 
injunction 
enjoining 
Secretary 
of 
Labor and other officials from “passing 
over” contractor without a hearing. 
Pan 
American World Airways, 
Inc. 
v. Mar- 
shall, D.C.N.Y.1977, 439 F.Supp. 487. 
Where evidentiary hearing was neces- 
sary to establish facts which were criti- 
cal to determination of affirmative action 
plan’s constitutional validity, preliminary 
injunction of operation of plan was de- 
nied. 
Percy v. Brennan, D.C.N.Y.1974, 38t 
F.Supp. 800. 
Even though federal compliance agency 
after institution of action to require it to 
disapprove 
affirmative 
action 
programs 
not complying with Ex.Ord.No.11246, 
set 
out as a note under this section, requir- 
ing equal employment op part of federal 
contractors and regulations setting forth 
requirements 
of programs 
realized 
that 
its 
prior 
approvals 
of some 
programs 
were erroneous and launched a review of 
approved 
programs, 
where 
there 
was 
clear danger 
that 
illegal and improper 
approvals 
of 
mnoncomplying 
programs 
would 
continue 
unless 
agency 
was 
re- 
strained from repetition of past unlawful 
review 
of programs 
and there was 
no 
remedy at law or remedy that could cor- 
CIVIL RIGHTS 
rect 
agency's 
actions, 
injunction 
would 
42 § 2000e-1 
lie to require agency to disapprove any 
noncomplying 
program 
and 
to restrain 
agency from approving io the future any 
noncomplying programs. 
Legal Aid Soc. 
of Alameda County v. Brennan, D.C.Cal. 
1974, $81 F.Supp. 125. 
Requested injunction against racial dis- 
crimination by building and construction 
trades council and unions with regard to 
union 
membership, 
apprenticeship, 
and 
training programs 
and against attempt- 
ing to cause any employer to discrimi- 
nate would do no more than eliminate al- 
leged discrimination by the council and 
unions and would not violate this sub- 
chapter 
prohibiting 
preferential 
treat- 
ment. 
U. 
S. 
v. 
Building 
and 
Const. 
Trades Council of St. Louis, Mo., AFL- 
CIO, D.C.M0.1966, 271 F.Supp. 447. 
66. 
Review 
Contention that Congress acted uncon- 
stitutionally 
in 
extending 
coverage 
of 
this 
subchapter 
to 
state 
governments 
which 
was 
not 
raised 
in 
the 
district 
court could not be raised on appeal. 
Do- 
thard 
v. 
Rawlinson, 
Ale.1877, 
97 
S.Ct. 
2720, 433 U.S. 321, 53 L-Ed.2d 786. 
Imposition 
of sanctions 
on contractor 
who was upable to meet minority persons 
hiring goals set by “Revised Philadelphia 
Plan” of Department of Labor but who 
har exhibited 
good faith would be im- 
proper and would be subject to judicial 
review. 
Contractors Ase’n of Eastern Pa. 
vy. 
Secretary 
of Labor, 
D.C.Pa.1970, 
311 
F.Supp. 1002, affirmed 442 F.2d 159, cer- 
tiorari denied 92 8.Ct. 98, 404 U.S. 84, 30 
L.Ed.2d 95. 
: 
§ 2000e-1. 
Subchapter not applicable to employment of 
aliens outside State and individuals for per- 
formance of activities of religious corpora- 
tions, associations, educational institutions, 
or societies 
- 
: 
This subchapter shall not apply to an employer with respect 
jens outside any State, or to a religious corpora- 
employment of al 
tion, association, educational institution, 
the employment of individuals of a partic 
to the 
or society with respect to 
ular religion to perform 
work connected with the carrying on by such corporation, associa- 
tion, educational institution, or society of its activities. 
= 
Publ. 88-352, Title VII, § 702, July 2, 1964, 78 Stat. 255; 
92-261, § 3, Mar. 24, 1972, 86 Stat. 
= 
. “Pub.L. 
103. 
oe 
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le ore ee 
42 §2000e-1 
pustic HEALTH & WELFARE 
Ch. 21 
Note 8 
s&s. 
Publishing 
Under this subchapter, Commission had 
Jurisdiction 
over 
charges 
of 
sexually 
based discrimination by employee of non- 
Profit 
corporation 
which 
was 
affiliated 
with a church and which operated 
as a 
Public publishing house engaged in busi- 
ness of publishing, printing, advertising 
and selling religious and Teligiously ori- 
ented 
materials 
for purpose of carrying 
out church denomination’s work. 
Equal 
Employment Opportunity Commission (C. 
8. 4.) v. Pacific Press Pub. Ass'n, D.C. 
Cal.1979, 482 F.Supp. 1291. 
8 
Nonreligious 
educational 
Institutions 
University teacher who was not rehired 
allegedly as a result of sex discrimina- 
tion, who alleged, in addition to acts of 
discrimination occurring prior to effective 
date 
of amendment removing exemption 
for 
private 
universities 
from 
this 
sub- 
chapter an invidiously motivated refusal 
to reconsider 
her termination 
after 
the 
faculty senate hearing pane) had issued a 
report was sufficient to make this sub. 
chapter applicable to the alleged discrim- 
ination. 
Weise 
y. 
Syracuse 
University, 
C.A.N.Y.1975, 522 F.2d 397. 
As amended, this subchapter proscribes 
discriminatory preference on the basis of 
sex by institutions of higher learning in 
their 
hiring, 
conipensation, 
promotion 
and termination practices with Tespect to 
faculty 
members. 
Equal 
Employment 
Opportunity Commission 
vy. Tufts Ins. of 
Learning, D.C.Mass.1975, 421 F.Supp. 152, 
§ 2000e-2. 
Unlawful employment practices 
Employer practices 
(a) It shall be an unlawful employment practice for an employer— 
(1) to fail or refuse to hire or to discharge any individual, or 
otherwise to discriminate against any individual with respect to 
his compensation, terms, conditions, or privileges of employ- 
ment, because of such individual’s race, color, religion, sex, or 
national origin: or 
(2) to limit, segregate, or classify his employees or appli- 
cants for employment in any way which would deprive or tend 
to deprive any individual of employment opportunities or other- 
wise adversely affect his status as an employee, because of such 
individual's race, color, religion, sex, or national origin. 
Employment agency practices 
(b) It shall be an unlawful employment practice for an employ- 
ment agency to fail or refuse to refer for employment, or otherwise 
to discriminate against, any individual because of his race, color, re- 
ligion, sex, or national origin, or to classify or refer for employment 
any individual on the basis of his race, color, religion, sex, or na- 
tional origin. 
Labor organization practices 
(c) It shall be an unlawfy] employment practice for a labor or- 
ganization— 
fe 
aa 
ei 
(1) to exclude or to expel from its membership, or otherwise 
— 
i 
“to discriminate against, any individual because of his race, col- 
or, religion, sex, or national origin; 
(2) to limit, segregate, or classify its membership or appli- 
eants for membership, or to classify or fail or refuse to refer 
72 
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5 
1 
[EALTH & WELFARE 
Ch. 21 
discrimination occurring prior to effectiy 
qate of amendment removing éxitaptine 
for 
private 
universities 
from 
this 
subd 
chapter an invidiously motivated refusal 
to reconsider 
her termination 
after 
the 
faculty senate hearing pane] had issued a 
report was sufficient to make this sub. 
chapter applicable to the alleged discrim- 
ination. 
Weise 
v. 
Syracuse 
Universit 
C.A.N.Y.1975, 522 F.2d 397. 
bid 
As amended, this subchapter 
pr 
discriminatory preference Ga the Madicae 
sex by institutions of higher learning in 
their 
hiring, 
compensation, 
promotion 
and termination practices with respect to 
faculty 
members. 
Equal 
Employment 
Opportunity Commission v. Tufts Ins. of 
Learning, D.C.Mass.1975, 421 F.Supp. 152. 
yment practices 
practices 
yment practice for an employer— 
or to discharge any individual, or 
st any individual with respect to 
itions, or privileges of employ- 
ual’s race, color, religion, sex, or 
classify his employees or appli- 
way which would deprive or tend 
nployment opportunities or other- 
Bas an employee, because of such 
, 8X, or national origin. 
mey practices 
loyment practice for an employ- 
fer for employment, or otherwise 
ual because of his race, color, re- 
classify or refer for employment 
race, color, religion, sex, ‘or na- 
ion practices 
ee 
phe 
a : 
loyment practice for a labor or- 
om its membership, or otherwise 
lividual because of his race, ‘col- 
in; 
; 
. 
= ss 
sae 
assify its membership or appli- 
issify or fail or refuse to refer 
ye. 
‘é 
assified in Part - Sanitized C 
a 
erie 
tets 
saturated 
cose 
ieeds 
wht 
eaves 
aaa 
; 
bee 
Paog 
proms Br | 
20002000 
ra 
1 
5 
42 § 2000e-2 
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 ad- 
versely 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. 
Ch. 21 
CIVIL RIGHTS 
Training programs 
(d) It shall be an unlawful employment practice for any employ- 
er, labor organization, or joint labor-management committee control- 
ling apprenticeship or other training or retraining, including on- 
the-job training programs to discriminate against any individual be- 
cause of his race, color, religion, sex, or national origin in admission 
to, or employment in, any program established to provide appren- 
ticeship or other training. 
Businesses or enterprises with personnel qualified on basis of religion, 
sex, or national origins educational institutions 
with personne! of particular religion 
. 
(e) Notwithstanding any other provision of this subchapter, (1) 
it shall not be an unlawful employment practice for an employer to 
hire and employ employees, for an employment agency to classify, or 
refer for employment any individual, for a labor organization to 
classify its membership or to classify or refer for employment any 
individual, or for an employer, labor organization, or joint 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, eol- 
lege, 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 @ 
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 propaga- 
tion of a particular Peligion. coccatieinaN'aeR 
. iC pares 
‘ 
ue qa 
5°75 wombere of Communist Party or 
Communist-action or 
ee: a - Communist-front organisations Nest eteu ae 
o1y 
(£) As used in this subchapter, the phrase “unlawful employment 
practice” shall not be deemed to include any action or measure tak- 
en by an employer, labor organization, joint labor-management com- 
mittee, or employment agency with respect to an individual who is @ 
73 
Shee 
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42 §2000e-2 
pusiic HEALTH & WELFARE 
Ch. 21 
Ch. 
member of the Communist Party of the United States or of any oth- 
any 
er organization required to register as a Communist-action or Com- 
terp. 
munist-front organization by final order of the Subversive Activi- 
vidu 
ties Control Board pursuant to the Subversive Activities Control 
Act of 1950. 
. 
National security 
G 
+e 
(g) Notwithstanding any other provision of this subchapter, it 
Fegt 
1! 
shall not be an unlawful employment practice for an employer to 
Jom 
ati 
fail or refuse to hire and employ any individual for any position, for 
~~ 
gra- 
Bt: 
an employer to discharge any individual from any position, or for 
oe 
aes 
F ; 
an employment agency to fail or refuse to refer any individual for 
bah 
Hts 
employment in any position, or for a labor organization to fail or 
res: 
rye 
refuse to refer any individual for employment in any position, if— 
ie 
(1) the occupancy of such position, or access to the premises 
= 
ne 
in or upon which any part of the duties of such position is per- 
ga 
bor 
formed or is to be performed, is subject to any requirement im- 
oF 
rat 
posed in the interest of the national security of the United 
per 
: 4 
States under any security program in effect pursuant to or ad- 
pee 
i E 
ministered under any statute of the United States or any Execu- 
av: 
: ‘ 
tive order of the President; and 
Pu 
oi 
(2) such individual has not fulfilled or has ceased to fulfill 
92- 
bi 
; 
that requirement. 
‘i 
Seniority or merit system; quantity er quality of production; 
= 
EE 
ability tests; compensation based on sex and authorised 
— 
po 
+ 
Wn 
R 
ge 
by minimum wane provisions. 
-.- 
oo 
eee 
it 
Act 
| 
(h) Notwithstanding any other provision ‘of this subekapee it 
= 
ee 
: 
shall not be an unlawful employment practice for an employer to ap- 
= 
fie: 
iy 
ply different standards of compensation, or different terms, condi- 
@ 
bee 
i . 
tions, or privileges of employment pursuant to a bona fide seniority 
a 
aif: 
ft: 
or merit system, or a system which measures earnings by quantity 
~<% 
sh 
iy: 
or quality of production or to employees who work in different loca- 
oS 
eu 
tions, provided that such differences are not the result of an inten- 
“S 
. 
t. i 
: 
tion to discriminate because of race, ‘color, religion, sex, or national 
—_. - 
Pu 
ie 
origin, nor shall it be an unlawful employment practice for an em- 
= 
ea: 
E 
Ployer to give and to act upon the results ‘of any professionally de- 
oe 
ie 
veloped ability test provided that such test, its administration or ac- 
* tion upon the results is not designed, ‘intended or used to discrimi- 
nate 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 em- 
| 
. 
ployees of such employer if such differentiation ig au 
authorized by. the =. 
G 
provisions of section 206(d) of 
Title 29.2 
‘arama 
. 
ee 
ae 
a 
; 2 Betncee on 
or enterprises: extending preferential treatment teh 
Indians oe 
~ (i) Nothing contained. in ‘this subchapter shall apply to any ‘busi- 
“yr 
: ness or enterprise on or near an Indian reservation with respect to 
O44 
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CIVIL RIGHTS 
42 § 2000e-2 
practice of such business or en- 
treatment is given to any indi- 
on or near a reservation. 
. 
HEALTH & WELFARE 
Ch. 2 
Ch. 21 
any publicly announced employment 
terprise under which a preferential 
vidual because he is an Indian living 
r of the United States or of any oth- = 
ster as a Communist-action or Com—" 
gal order of the Subversive Activi- 
the Subversive Activities Contro 
Preferential treatment not to be granted on account of existing 
: 
number or percentage imbalance 
vat 
F 
(j) Nothing contained in this subchapter shall be interpreted to 
1 | 
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 be- 
i | 
cause of the race, color, religion, sex, OF national origin of such in- 
i 
dividual or group on account of an imbalance which may exist with 
' 
respect to the total number or percentage of persons of any race, 
f 
color, religion, sex, Or national origin employed by any employer, re- 
ferred or classified for employment by any employment agency Or 
labor organization, admitted to membership or classified by any la- 
bor organization, or admitted to, or employed in, any apprenticeship 
or other training program, jn comparison with the total number or 
i 
color, religion, sex, or national 
percentage of persons of such race, 
origin in any community, State, section, or other area, Or in the 
available work force in any community, State, section, or other area. 
Pub.L. 88-852, Title VIL, § 703, July 2, 1964, 78 Stat. 255; Pub.L. 
92-261, § 8(a), (b), Mar. 24, 1972, 86 Stat. 109. 
RIERE 
pl security 
— 
eee: 
er provision of this subchapter, it - 
yment practice for an employer to 
any individual for any position, for 
ndividual from any position, or for 
r refuse to refer any individual for 
for a labor organization to fail ‘or 
pr employment in any position, if— 
, position, or access to the premises 
f the duties of such position is per- 
d, is subject to any requirement im- 
se national security of the United 
rogram in effect pursuant to or ad- 
, of the United States or any Execu- 
and 
jot fulfilled or has ceased to fulfill 
reer 
peprerner 
et 
ee 
i : phy 
eae 
" 
ede 
a Ae 
raarery 
puistlty de quality of pretation 
nm based en sex and authorised 
: 
‘wage provisions. 
--- 
. 
: 
Fe 
References 
in Text. 
The Subversive 
, 
: 
“a 
Activities Control Act of 1950, referred to added “or applicants for membership” 
a 
‘Act Sept. 23, 1950, ¢. following “membership”. 
eo 
iat gracile . this subchapter, it 
eS 
in subseec. 
(f), 18 
ractice 
for an employer to a 
st 
1024, Title I, 6& Stat, 967, which is clasal- 
4 
; 
p- 
= 
Effective Date. Section effective one 
- 
£5 
fied principally to subchapter I (section 
year after Tuly 2, 1064, 
tion 716 of 
ensation, or different terms, 
i 
TLeCre! 
rms, condi- 
781 et seq.) of chapter 23 of Title 50, War 
nt pursuant to a bona fide seniority 
and National Defense. - For complete clas- aig 
sae Mae oa 
an care 
ich measures earni 
; 
Sification of this Act to the Code, see 
we of 
iployees who te ta a by quantity 
Short Title of Subchapter note set out 
ttle. 
ee oe 
ace 
ip detterent lees: 
History. - For 
legistative 
ander section 781 of Title 50, War and 
—_Leglelative 
urpose of Pub.L. 88-352, see 
Historical Note 
~ 
; 
Ge 
. 
ak gehts 
tgnd 
a 
eo 
o4 
Subsec. (c)(2). 
Pub.L. 92-261, § 8d), 
ares 
eer 
nee 
eee 
LCST 
Te 
ee 
aa 
nces are not the result of an inten- 
_Z2 
National Defense, and Tables volume. 
history and p 
: 
ace, color, religion, sex, or national 
rs: 
172 
Amendment. |, Subsec. 
* (a)(2). 
1964 U.S8.Code Cong. and Ad News, Dp. 
ful employment 
practi 
ame 
Pub.L. 92-261, 
§ 8(a), added “or appli- 
2359: | See, also, -Pub.L. 92-261, 1972 U8. 
practice for anem- 
~~ 
cants 
for employment” following’ “his 
Code Cong. and Adm.News, p. 2157. 
.~ 
$5703 
Ce 
rn 
as be 
a 
ae 
retweit 
“" 
he results 
of any professionally 
ae 
fe 
, such test, ita administration oe: el 
aero ss 
igned, intended or used to discrimi- 
38 
ion, sex or national origin. “It shall 
practice under this subchapter for ~~ 
on the basis of sex in determining 
pensation paid or to‘be paid to em- 
Bi. citere 
“Library References “> 
+ 
ave? 
C.J.8. Civil Rights $$ 50 et seq., 61, 65, 
pereeree 
ao 
ered 
8, 
60, Th to 73. 
sete 
Civil Rights @=79.10 to 9.14. 
4 
es 
; 
Tp sessing 
je lhat At 
Guidelines of Equal 
-29; Affirmative action, see 29 CFE 1608.1 et sed 
‘Employee selection ia 
piney 
National origin, see 22 
CF! -1006.1.. > 
TE aygh 
seugscerg 
etre. 
< Religion, see 29 CFB 10052, 
04.) 
eee eee es 
ote Bex, aee 29 CFR 1604.1 et sea. Sah 
ws 
eee 
; 
7 
prea 
eee 
‘Loan services, applicability, see 12 CFR 528.1 et seq... 
e 
et ore oe 
ee 
we preferential treatment te Indians 
= 
subchapter shall apply to any huni: 
| Indian reservation with respect to 
14 
/ 
Pe as, 
mw) 
Ae 
D 
ape 
: 
: 
_ rt 
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CIVIL RIGHTS 
42 §2000e-3 
- 
- 
ed S27 F.2d 
83, reversed 
on 
other 
employee 
nor 
caused 
such 
dis- 
firm 
See eaiioa We employer. 
Huston v. Lo- 
grounds 97 8.Ct. 2264, 432 U.S. 63, 53 L. 
ah No. 9%, Intern. Union, United Auto., 
Bd2d 13. 
“Zeros 
and Agr. Implement Workers 
5 
eA 
pee (U.A.W.), C-A.Mo.1977, 550 F. 
675. 
Sex discrimination 
. 
be 
6 
Ses 
Oe 
aks 
This subchapter places an affirmative 
prea 
- 
cluding permitting continuation eg. 
- lar work assignment while not 
-pe. 
} 
} 
union dues or equivalent. Cooper Yeo 
eral Dynamics, Convair Aerospee 
- 
sion, Ft. Worth Operation,. 
: 
: 
ean 
533 F.2d 163, rehearing denied 637 
a 0. 
» 
1143, 
certiorari denied 97 
; 
: 
oy 
duty upon a labor ie neugeersaes pg 
: 
certiora: 
len 
; 
bse 
i 
eS 
imination 
in employment; 
: 
° 
<——— Grievance procedures 
viate sex discr’ 
} 
U.S. 908, 
53 L.Ed.2d 1001. 
nion promptly filed and prop- 
thet action must be initiated by the un- 
aot bps Jevances filed by employee, 
{on whether or not a female employee 
puecerty purane’ 
Bt ossible, and employee dia 
complains to the union of discriminatory 
as a haat veounal that he believed 
conduct. 
Chrapliwy v. Uniroyal, Inc., D.- 
discharge to be the result of religious 
C.Ind.1977, 458 F.Supp. 252. 
Qiecrimination, union’s failure to assert 
omen union members failed to prove 
qeligious discrimination as a ground for 
¢tneir charge that union had caused em- 
the grievance did not amount toa breach 
pjoyer to discriminate against them in 
: 
ef duty the union owed to employee. 
violation of this subchapter because they 
aoe 
“Blakely v. Chrysier Corp., D.C-Mo 
were women. 
Tuma v. American Can Co.. 
er 
4ot F.Supp. 1227. 
D.C.N.J.1974, 873 F.Supp. 218. 
Where only response of untoa ¢ 
ployee’s request that she not be n 
to pay union dues due to her men! 
ship 
in Seventh-Day 
Adventist 
“Cy 
was to allow employee to pay dues 3 
. foregoing 
actual membership,. 
this 
sponse could not be called accom 
tion, since union was obligated to 
exta 
such 
considetation 
to ‘employees, 
where union rejected even emplo 
quest for two-week delay in empk 
a 
legal obliga 
termination, union would be lable te @ 
. 
regvanation: 
eR ane ee 
aie 
or 
a 
ployee under this section for dlocriming 
2 
See. 
STR: 
tion to challenge validity O° eondiegs 
tion against her because of religious te 
a Calon was required to fairly represent 
ang regulations regarding employment of 
liefs. McDaniel v. Essex Intern.,. Ine, 2, 
member when it became aware of fact 
women by Initiating 
suit 
to determine 
tic a 
ra ence 
ae . 
“that be was facing difficulty in schedul- 
yajidity of such laws, and failure of union 
a 
oe: 
ing days off for his sabbath and was in 
to do so does not constitute vente Ss 
e 
3 
danger of disciplinary action by employ- 
this section. 
Ridinger v. pani Socal 
er asa result. 
Hardison v. Trans World 
Corp., D.C.Ohio 1971, 325 F. ape 
5 
Airlines, D.C.Mo.1974, 375 F.Supp. 8TT, af- 
versed on other grounds 474 
Ree 
3- 
. 
; 
: 
Employer and union failed ~ 
reasonable 
effort 
to accommodate 
. relt-m 
sious beliefs of Seventh Day Advestiat 
employee against supporting or contrib-, 
uting to labor organisetions when ‘they 
# 
| 
fafled to accept employee's offer te é6- 
nate amount of union dues to soareli- 
gious charity in return for waiver ef sa-% 
F 
fon security clause in collective bergaia- 
cipati 
“ 
ing agreement. 
Nottelson v. A.O. Smith 
: 
- 
Discrimination for making charges, testifying, assisting, oF partic petine: 
Corp., 19.C.Wis.1960, 4 
‘88 
5 
- 
im enforcement proceedings 
~ 
ee 
Discharged employee established prima 
. 
‘(a) It shall be an unlawful employment practice - an anaes 
facie case of uniawfu! discrimination by 3 
5 
i 
es 
. 
af 
hi 
, 
or a 
ican 
or 
7 
his former employer and union by show-2m 
_ to discriminate against any of his employees | t LEbGé-aiaiiexerueat 
ing that, an Seventh Day Adventist,: 
be 
‘ployment, for an employment agency, or joint 
4a 
traini 
hele sincere belief opposing a 
committee controlling apprenticeship or other training or retraining, 
. 
the cepacia tae oe mane largries 
< 
including on-the-job training programs, to discriminate against oe ane 
anta that such belief prevented him from) 
_ dividual, or for a labor organization to rari pee me 
complying 
with labo 
t's securt- oa 
i 
ip, 
because 
he. 
me 
. be rid Ssgading uulan cacaberahip 
member thereof _or applicant for sai peel ip ent 
practice by this 
and payment of dues, and that he.offered 
= posed any practice made an unlawful employmen” 
PB 
isted, or 
subchapter, or because he has made a charge, testified, She ine 
participated in"any manner in an investigation, proceeding, oF NeSr-. 
ing under this subchapter.:ay~-+-. .->7 2-< ee a se 
§ 2000e-3.- Other unlawful employment practices 
s 
fon dues to nonreligious charity bat was - 
discharged from employment “due 
to “bis 3 
refusal 
to comply with ‘security <: 
ment. ‘: Nottelson 
vy. “A.-O. >Smith -Corp. am 
D.C.Wis.1979, 481 F.Supp. 756, reconsider- 
4 
UT 
ATRE 
F 
pater 
g 
Sar 
rrery 
sooty 
wey 
to contribute sum equal to amount 
6f ua 
2 
ie apiewe osasngiey 6 
SS 
ote 
aTh yh het 
Mee ce 
: 
fotet 
- Printing or publication ef notices or advertise 
Tom 
To oWhotEo 
34 gosamlgipoai, ATT a 
672. --—" Other empleyees affected . 
Union bad no duty to modify seslority 
Fules with respect to ‘shift “preferemes 
-Pprovisions of collective bargaining agre®- 2 
ment in ‘order 
to “permit “employee 
7 
work day shift and thereby observe his 
religion’s Sabbath, :such.a modification 
3 
would have been in.:derogation 
‘ef -ee 
3 
tractual rights of other union members. 
Ty 
and union’s refusal to make such modifi 
2-8 
cation neither constituted discrimination 
-¥ 
90 
g 
TRU 
MATSE 
to print or publish 
or cause 
peer 
as 
eae 
291 
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! ‘Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
42 § 2000e-3 
PUBLIC HEALTH & WELFARE 
Ch. 21 
, 
Ranernt: 
: 
om 
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 prefer- 
ence, limitation, specification, or discrimination, based on race, col- 
or, religion, sex, or national origin, except that such a notice or ad. 
vertisement 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 em- 
ployment. 
Pub.L. 88-352, Title VII, § 704, July 2, 1964, 78 Stat. 257; Pond 
92-261, § 8(c), Mar. 24, 1972, 86 Stat. 109. 
OI, 
pees 
ere 
| 
Historical Note 
BA) 
Whe? 
ob wore 
4972 Amendment. 
Subsec. 
(a). 
Pub.L. 
to, or employment in, any program es- 
> 
tee 
2nd 
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92-261, § 8(c)(1), added provision making 
it an unlawful employment practice for a 
joint labor-management 
committee 
con- 
trolling apprenticeship or other training 
or retraining, including on-the-job train- 
ing programs, to discriminate against the 
specified individuala. 
Subsec. (b). 
Pub.L. 92-261, § 8(c¢)(2), 
added provisions making prohibitions ap- 
plicable to joint labor-management com- 
mittees controlling apprenticeship or oth- 
er training or retraining, including on- 
the-job training programs, and notices or 
advertisements of such joint labor-man- 
agement committees relating to admission 
tablished 
to provide 
APErea nD: or 
other training. 
Effective 
Date. 
Section 
effective one 
year after July 2, 1964, see section 716 of 
Pub.L. 
88-352, 
set out 
as an Effective 
Date note 
under 
section 
2000e 
of Loree 
title. 
Legislative 
History. 
For 
legislative 
history and purpose of Pub.L. 88-352, see 
1964 U.S.Code Cong. and Adm.News, 
P. 
2355. 
See, also, Pub.L. 92-261, 1972 U8. 
Code Cong. and Adm.News, p. 2137, 
°**" 
he 
Library ‘References 
Civil Rights €=9.10 to 9.14. 
Labor Relationa e7. 
_ CIS. Civil Rights " 59 et 2eq., 61, , 
: 
68, 60, 71 to 73. 
oS Labor Melations =t 2et seq. 
* 
_ Notes of Decisions 
Generally 
6 
Admission of members to labor organiza- 
tlens 
2% 
wo 
let 
2 
Seca: 
Advertisements Po 
x 
Blacklisting of employees 
$2 
°° 
«~~ 
Charges with fommicsion; protected ac- 
‘tivitles 
12 
Demotion of employees a 
Discharge 
ef employees 
-"' 
~ 
Generally 
@ 
 =.- 1- 
Constructive discharge 
41. 
~ 
Invalid greonds 44 
; 
Valid grounds 48 ©... 
...: 
~ 
Voluntary resignation 
42 
Claims without foundation, protected ae- : 
tivities 
14 
Bilcel be 4, 
Compensatien of empinrees: 35 
‘Construction 
1 
. Construction with sihar laws 
¢+1Generally 2 . Re 
es 
‘Federal laws 3 
State laws 
4 
~ 
‘: 
Cangtcastive Par oe, 
ef atipleyece.- 4 
Co-workers’ acts, pretected activities bb 
Defamation 
ef employees 46 
- 
Defamation, protected activities 16 
xe 
292 
: : Diseipline of anctaveca 20 
Intent a ate 
: 
Tavalla grounds fer ilecharse of 
“pleyees 
44 
<2 - 
: 
- Sadieial remedies = saa 
° 
er 
henna 
deed 
PUBLIC HEALTH & WELFARE 
harging the 
defendant's action. 
Womack v. Wo 
ly motivated 
C.A-Ark.1980, 619 F.2d 1292. 
hat he had = Because agricultural extension 
on, but WAS 
a oont was under no obligation to 
nee in the 
‘2 another county after he was “roa 
ia past rec- 
of one county for racial reasons, soho” 
the majori- 
Guyent action of the state agricultural ¢ 
for miscon- 
tension service in firing the agent 
wi 
pt the piain- 
44 geclined to work in another @ 
record W88 
ns in retaliation for hia having 
assert 
fon taken in 
nig right to work free of employs 
inatory DOF 
aiscrimination even thongh the 
dward [rod 
tnral extension service had requested ‘me 
county 
to raise the agent’s salary 
} 
had fought termination of county 
fasg’ 
under this 
ing. 
Wells v. Hutchinson, D.C.Text 
ck employee 
499 F.Supp. 174. 
; 
ee, who, in- 
i 
; 
age against 
Evidence that plaintiff was 
stant super- 
from employment with city shortly after sia 
representa- 
employer learned of his protected 
acti 
to restricted 
ties under this subchapter, that city dig-m 
order, was 
Tegarded 
its established procedures ‘f 
race 
or his 
termination 
and 
in fact fabricated the 
r’s 
alleged 
reasons specified for discharge, that em: 
ristian 
v. 
ployee’s calling supervisor a liar 
o 
Mo.1972, 
341 
privately during heated debate initisted’s 
1407. 
by the supervisor concerning employed's 
decision to engage in protected activity 
aay 
and that subordination was not advanced 
7 
contemporaneously 
as a reason for dis-3 
was fired 
charge 
established 
that 
plaintiff 
was 
f this sub- 
wrongfully discharged in that his fillag 3 
au to her 
of Commission charges was causally te¥ 
o her segre- 
lated thereto and that legitimate nondis-4 
pay for an 
criminatory 
reasons 
for discharge sade 
male sales- 
vanced 
by 
employer 
were 
pretextual, 
that the pay 
Goodwin 
v. City of Pittsburgh, D.C.Ps 
am 
complaints 
1979, 480 F.Supp. 627, affirmed 62 F.2d) 
‘fon newspa- 
1000. 
; 
_ 
al per 
pplicants for 
FS 
» sex and by 
Even if original charge of racial 
¢ 
nd base pay 
crimination in denial of s promotion was a 
in, and such 
without merit, if black faculty member 
inlawful em- 
was terminated because of her participe-, 
aubchapter, 
tion 
in 
filing 
a discrimination 
charge 
s discharged 
with the Commission, she was entitled te 
made un- 
relief under 
this subchapter. 
U. 8. 
strong Y. 
University of Maryland, D.C.Md.19%7 os 
p81, 647 F.2d 
F.Supp. 742. 
| 
Employee who had engaged in protect: 
ed activities when she filed charges ef} 
ent propecu- 
3. discrimination with the Commisstos, 
reece ee and state agency and who later bronght 
canoe nigg i civil action to prosecute claim of sex die 
in bere 
crimination, as well as other administrs- 
yas- 
CIVIL RIGHTS 
+ Suspension of employees 
ima day suspension 
of black 
railroad 
ty College 
of Philadelphia, 
D.C.Pa.1980, 
uployee was not hecause of racial dis- 
484 F.Supp. 411. 
tion or in retaliation against the 
mpleyee for having filed a charge with 
Commission in September of 1967, as 
“pailroad 
official 
who 
investigated 
fepaia collision and assessed the suspen- 
‘was 
not aware 
that 
plaintiff had 
‘Qed a charge, as the company, if it had 
j 
“out to get” plaintiff because of the 
S@eharge would not have waited two and a’ 
xhelf years to do so, and as plaintiff's re- 
‘Ratlation claim was not reasonably recon- 
we 
@Glable with the fact that 
a white em- 
ployee received 
a 15-day suspension 
in 
Peeanection with the same collision. 
Wil- 
7 ‘bow v. Woodward Iron Co., D.C.Ala.1973, 
=} 982 F.Supp. 886. 
@. 
Defamation of employees 
-'Employer’s 
filing 
of defamation 
suit 
*ubstantive limitations of this subchap- 
*Zagaiast former employee based solely on 
ter. 
Hearn v. R. RB. Donnelley & Sons 
@mployee's having filed a sex discrimina- 
Co., D.C.I1.1978, 460 F.Supp. 546. 
we: tes charge against employer was imper- 
: 
Equal Employment 
48. 
Sanctions against employers 
z= Opportunity Commission y. Virginia Car- 
‘The filing of charge of discrimination 
etina Veneer Corp., D.C.Va.1980, 
495 
F. 
with the Commission is a Protected activ- 
= Rapp. 775. 
ible retaliation. 
(2) There is 
42 § 2000e-4 
FEvidence in action to recover damages 
munity college decided not to offer part- 
‘fyem state employer supported determi- 
time employment 
in retaliation 
for the 
that employee was diamissed 
as 
caucasians’ actions in bringing “reverse 
m 
of having filed a sex and age dis- 
discrimination” action in connection with 
matnation complaint with the Commis- 
denial 
of full-time 
appointments; 
fact 
Fetem, Strong v. State, Mont.1979, 600 P.2d 
that underlying charge of racial discrimi- 
nage 
Be 
nation was decided in favor of the com- 
munity college was of no consequence to 
the retaliation claim. 
Cohen v. Communi- 
The fact that this section which 
pro- 
hibits 
employer 
retaliation 
against 
em- 
ployees who oppose discriminatory prac- 
tices does not protect strixes by union 
members 
in 
violation 
of 
an 
existing 
collective bargaining agreement does not 
affect 
the substantive 
right to be free 
from employment discrimination; 
an em- 
Ployee who belleves he has been discrimi- 
Rated against retains a number of effec- 
tive 
remedies, 
including 
filing 
charges 
with the Commission and utilizing exist- 
ing grievance and arbitration machinery 
to resolve his charges. 
King 
vy. Illinois 
Bell Tel. Co., D.C.101.1978, 478 F.Supp. 495. 
This section is an independent remedy 
and 
is not confined 
by procedural 
or 
ity 
and 
employers 
must 
be 
prevented 
from 
interfering 
with 
such 
activity 
through the use of economic or emotional 
4 
Remedial provisions of this section af- 
sanctions. 
Kinard v. National Supermar- 
ferded 
relief to caucasians whom com- 
kets, Inc., D.C.Ala.1978, 458 F.Supp. 106. 
Creation; composition; political representation; appuintmert; term; vacan- 
_@tes; Chairman and Vice Chairman; duties of Chairman; appointment 
of personnel; compensation of personnel 
hereby created a Commission to be known as the 
Equal Employment Opportunity Commission, which shall be com- 
Posed of five members, not more than three of whom shal] be mem- 
J 
of the same political party. 
Members of the Commission shall 
ere ne tive proceedings, and complained eal 
: 
-be appointed by the President by and with the advice and consent of 
te 
basis for poiroweam! halen and = vine ae 
the Senate for a term of five years. Any individual chosen to fill a 
" antiages settlement of the civil setion and eae 
: 
avacancy shall be appointed only for the unexpired term of the mem- 
n of piain- 
Se! of the administrative proceedings 
whom he shall succeed, and all members of the Commission 
@ for dis. bout one month after said complalates 
t investi, 
made out a prima facie case of re 
re 
hese inde- 
tY discriminatory discharge. 
Hochstadt 
bs 
of or falsity 
- Worcester Foundation for Experime®- 
¥ 
ry 
t sheritt 
tal Biology, Inc, D.C.Mass.1976, 425 ¥.3 
youn for 
Supp. 318, affirmed 
645 F.24 222. 
a 
: 
806 
| 
sub 
1 continue to 
ified, except t 
Sess 
serve until their successors are appointed and 
hat no such member of the Commission shall con- 
e to serve (1) for more than sixty days when the Congress is in 
On unless a nomination to fill such vacancy shall have been 
mitted to the Senate, or (2) after the adjournment sine die of 
307 
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42 §2000e-4 
pusLic HEALTH & WELFARE 
Ch. 21 : 
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 pro- 
vided in subsection (b) of this section, shall appoint, in accordance 
~ 
with the provisions of Title 5 governing appointments in the com- = 
petitive service, such officers, agents, attorneys, administrative law 
© 
judges, and employees as he deems necessary to assist it in the per- 
formance of its functions and to fix their compensation in accord- 
ance 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 ad- 
ministrative law judges shall be in accordance with sections 3106, 
3344, 5872, and 7521 of Title 5. 
General Counsel; appointment; term; duties; representation 
by attorneys and Attorney General 
(b)(1) There shall be a General Counsel of the Commission ap- 
pointed by the President, by and with the advice and consent of the 
Senate, for a term of four years. 
The General Counse! 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 Commis- 
sion on the appointment and supervision of regional attorneys. 
The 
General Counsel of the Commission on the effective date of this Act 
shall continue in such position and perform the functions specified 
in this subsection until a successor is appointed and qualified. 
(2) Attorneys appointed under this section may, at the direction 
of the Commission, appear for and represent the Commission in any 
case in court, provided that the Attorney General shall conduct all 
- 
litigation to which the Commission is a party in the Supreme Court 
pursuant to this subchapter. 
Exereise ef powers during vacancy; quorum 
(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. 
é 
ae 
Ponannyy 
sieisen 
ie 
ie 
= 
dies 
5 
PEA 
eas 
RUF 
EEE 
ROT 
EP 
TERE 
CO 
CRORE 
Ty 
Seal; judicial notice 
(d) The Commission shall have an official seal which shal! be ju- 
dicially noticed. 
Reports to Gabaron and President 
| 
(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 desire: 
ble. 
ee 
aye 
AP 
ERE 
Ne. 
+ 
Ald 
irae 
abt 
ae) 
lyse 
11 (Cah 
Hea 
NRE 
CRT 
OV 
Oe, 
Ne ee 
a 
ee 
nama 
tetihmemnall 
mdemcadal 
308 
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of the Commission, and, except 
“as 
‘pres 
this section, shall appoint, in accordance) 
e & governing appointments in the ‘com 
prs, agents, attorneys, administrative 
e deems necessary to assist it in the p 
y 
years. 
The General Counsel shall hay 
uct of litigation as provided in sections 
s title. 
The General Counsel shall have; 
ommission may prescribe or as maybe. 
oncur with the Chairman of the Commig- 
nmission on the effective date of this Act, 
tion and perform the functions specified 
cessor is appointed and qualified. “* "2am 
under this section may, at the direction 
for and represent the Commission in any 
t 
amission shall not impair the right of the 
i) 
hall constitute a quorum. 
-~ 
Le, 
wetae RST Pe 
Congress and President 
ios 
in which such nomination was submitte®! 
nember to serve as Vice Chairman. 
chapter 51 and subchapter ITI of chapterms 
classification and General Schedule 
-pay, 
ynment, removal, and compensation of saa 
all be in accordance with sections 31085 
b. 
a 
wey 
ye and Attorney General 
General Counsel of the Commission 
mission is a party in the Supreme Court # 
ers during vacaney; quorum 
' CIVIL RIGHTS 
42 § 2000e-4 
Principal and other offices 
) The principal office of the Commission shall be in or near the 
Pristrict of Columbia, but it may meet or exercise any or all its ae 
h*-"st any other place. The Commission may establish such regiona 
aA “State offices as it deems necessary to accomplish the purpose of 
sts subchapter. 
ue 
te one member to serve as Chairman*s¥; 
x 
bas 
ble on behalf of the Commission forth 
z 
_ Powers of Commission 
: 
g) The Commission shall have power— 
-(1) to cooperate with and, with their consent, utilize region- 
=" 
al, State, local, and other agencies, both public and private, and 
fwe.s:individuals; 
_ 
ae: 
ee 
es 
ke oe (2) to pay to witnesses whose depositions are taken or who 
is «are summoned before the Commission or any of its agents the 
t same witness and mileage fees as are paid to witnesses in the 
4; courts of the United States; 
my 
take? 
Se 
: 
: (8) 
to furnish to persons subject to this subchapter such 
technical assistance as they may request to further their com- 
. pliance with this subchapter or an order issued thereunder; 
- (4) upon the request of (i) any employer, whose employees 
= or some of them, or (ii) any labor organization, whose members 
+ or some of them, refuse or threaten to refuse to cooperate in ef- 
., fectuating the provisions of this subchapter, to assist in such 
Mt effectuation by conciliation or such other remedial action as is 
wil 
_ provided by this subchapter; 
Boe 
OP gee Ose 
* 
(5) to make such technical studies as are appropriate to ef- 
* fectuate the purposes and policies’ 
of this subchapter and we 
: make the results of such studies available to the public; .-. 2+ 
+ (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 sub- 
WASIOD. 2b si 
pe 
eee 
Me a 
2 -. 
nd to fix their compensation in accords 
and with the advice and consent of the: 
supervision of regional attorneys. = 
the Attorney General shall conduct ‘all 
Ja. 
= 
a 
wt 
. peration with other departments and agencies in 
rt 
" 
-.+ 
.. :-ef educational or promotional activities --- =: qx-gresam 
ise all the powers -of the Commission, 
: 
. 
<A 
Site 
tenis sn a oe ERS 
esas 
*- Personnel aubject to political activity restrictions 
(iy 29005704" 
Pads 
* 
ee 
mee 
é 
. 
ee 
lee 
ra 
2(a) (11), Mar. 27, 1978, 92 Stat. 188. 
oats cae 
808 
309 
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- Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 
ipar 
“a 
‘The Commission shall, in any of its educational or promotion- 7 
) Judietai motice ©2780 2057" 
: 
= al activities, cooperate with other departments and agencies in Pe. 
1 have an official 
seal whic! 
‘ 
year, report 
es sion shall be subject to the provisions 
of. section 7324 
of Title 5, not- - 
President concerning the action it has 
3 
3 
su 
on. nets AFH 
s disbursed, ,It shall make such further § 
= Pub.L. 88-352, Title VIL, § 705(a)-(d), (£)-(j), July 2, 1964, 78 Stat 
means of eliminating discrimination and 
© OfO. 
Dat, 
urther legislation as may appear desira- ; 
assified in Part - Sanitized Copy Approved for Release 2012/11/02 : 
a 
oy 
: 
; 
‘vigaln 
‘ 
A 
ed 
pein 
daatinsehsueti-ideh 
ttaslbnbve 
dined 
Oke, 
° 
1 eNews 
mended 
tere 
y 
* 
wo 
tok 
sah 
ees 
C3 
a 
L 
Lo 
R41 
Goeth 
als 
te 
' 
: 
ei 
ie 
D 
Note 1! 
11. Memorandum of understanding 
Fact that pursuant to memorandum of 
understanding for sharing of information 
between Commission and Department of 
Labor's Office of Federal Contract Com- 
pliance Programs complaints 
filed 
with 
the Office are to be deemed charges filed 
with 
Commission, 
such 
does 
not mean 
that 
the 
Office 
relinquishes 
authority 
over such cases. 
Emerson 
Elec. 
Co. 
y. 
Schlesinger, C.A.Mo.1979, 609 F.2d 808, 
12 
Actions against Commission 
Reinstatement 
claim 
of 
discharged 
member of Commission was within juris- 
diction of grant of this section in view 
of fact that member 
relied upon statu- 
tory provisions setting forth term of of- 
fice of members of the Commission and 
in view of fact that member was bring- 
ing action against officers of the United 
States. 
Lewis v. Carter, D.C.D.C.1877, 436 
F.Supp. 958, 
District court was without jurisdiction 
of suit brought against the Commission 
and one of its agents by labor union lo- 
cal 
and 
its business 
manager, 
seeking 
Fevocation 
of 
subpoena 
duces 
tecum; 
Plaintiffs had no remedy but to wait for 
the Commission to file suit againat them, 
should it choose to do so, to enforce the 
subpoena. 
Foreman 
v. Thalmayer, D.C 
Tex.1975, 393 F.Supp. 1396. 
§ 2000e-5. 
42 §2000e-4 
pustiic HEALTH & WELFARE 
Ch. 21 
18, 
Disclosure 
Government contractor's affirmative ac- 
tion 
programs 
and 
related 
information 
required to he furnished the contracting 
agency were 
not protected from disclo- 
sure to Commission by a qualified privi- 
lege for self-evaluative documents 
since 
such reports were not prepared solely for 
internal use or even for external use of 
only the Defense Supply Agency and Of- 
fice of Federai Contract Compliance Pro- 
grams, which had agreed to exchange in- 
formation 
with 
Commission 
concerning 
employers’ compliance with antidiscrimi- 
nation 
laws; 
applicable 
regulation 
put 
contractor on notice that required reports 
alxo would be used for administration of 
this subchapter enforcement of which is 
vested in Commission. 
Reynolds Metals 
Co. 
v. 
Rumsfeld, 
C.A.Va.l977, 
564 F.2d 
663, certiorari 
denied 
98 S.Ct. 
1646, 435 
U.S. 995, 56 L.Ed.2d 84. 
14, 
Injunction 
In action 
In which former member of 
Commission sought reinstatement, former 
member failed to sufficiently demonstrate 
that Commission had necessary legislative 
or judicial functions to be immune from 
President’s removal power, and therefore 
probability of success on the merits was 
not so certain as to render less important 
the remaining factors to be considered on 
motion for preliminary injunction. 
Lew- 
is v. Carter, D.C.D.C.1977, 436 F.Supp. 958. 
Enforcement provisions 
Power of Commission to prevent unlawful employment practices 
(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. 
Charges by persona aggrieved 
er member of Commission 
ef unlawful em- 
ployment 
practices 
by employers, 
etc.; 
fillings 
allegutiens; 
notice 
to 
respondent; 
contents of aotice; 
Investigation by Commissions 
contents 
ef charges; 
prohibition on disclosure of charges; 
determination ef rea- 
sonable exuses conference, conciliation, and persuasion fer elimination of 
uniawful 
practices; 
prohibition on disclosure of Informal endeavors te 
end anliawful practices; 
use of evidence ia subsequent preceedings} 
pen- 
alties for disclosure of Information; time for determination of reasonable 
(b) Whenever a charge is filed by or on behalf of a person claim- 
ing 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 circum- 
stances of the alleged unlawful employment practice) on such em- 
320 
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ve 
BE 
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CIVIL RIGHTS 
42 §2000e-5 
: 
yer, employment agency, labor organization, or joint labor-man- 
agement committee (hereinafter referred to as the “respondent”) 
Mgithin ten days, and shall make an investigation thereof. 
Charges 
shall be in writing under oath or affirmation and shall contain 
lege for self-evaluative documents 
_sinegl 
/---h information and be in such form as the Commission requires. 
such reports were not prepared solely. 
egy 
charges shall not be made public by the Commission. 
If the Com- 
only the 
‘Defense Bupply hens 30 = 
Mission determines after such investigation that there is not reason- 
seit ee 
nae 
Met sble cause to believe that the charge : 
true, . a lets fea 
easy 
3 
: 
eben. 
mtcharce and promptly notify the person ¢ aiming 
e aggrieve 
sanlevect ee siaees wits wadaiee 4 
tes sesponident of its action. 
In determining whether reasonable 
nation laws: 
applicable regulation = 
use exists, the Commission shall accord substantial weight to fi- 
etal would wera seagate 2 
findings and orders made by State or local authorities in pro- 
this Pg rslger as enforcement of which? oe 
seedings commenced under State or local law DE 
ee re- 
igs 
eminisslos- 
ernolis Meee 
airements of subsections (c) and (d) of this sec ion. 
e 
Com- 
po eee dia oe Be saa ae 
Mission determines after such investigation that there is reasonable 
calc ane 
cause to believe that the charge is true, the Commission shall en- 
MGeavor to eliminate any such alleged unlawful employment practice 
informal methods of conference, conciliation, and persuasion. 
othing said or done during and as a part of such informal endeav- 
ors may be made public by the Commission, its officers or em- 
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’ a8 
promptly as possible and, so far as practicable, not later than one 
hundred and twenty days from the filing of the charge or, where ap- 
cable under subsection (c) or (d) of this section, from the date 
upon which the Commission is authorized 
to take action with re- 
spect to the charge. ~ eer 
tgs 
hate Age. Sa 
yes ag 
Sey ss leste x8 a 
tALTH & WELFARE 
3%. 
Dinaclosure 
" 
Government contractor's affirma’ 
tion program~ 
and 
related 
inform: 
required to be furnished the con 
agency were not protected from 
idiscleal 
sure to Commisaion by a qualified prh a 
Sere 
ot 
an 
ah 
A 
HPA 
TEI 
At 
aA 
A 
AEN 
NS 
SAA 
4. 
Injunction 
tke 
ea 
In action in which former member 
‘ef 
Commission sought reinstatement, former 
member failed to sufficiently demonstrate 4 
| that Commission had necessary Jegislative 2 
or judicial functions to be immune from, 
' President’s removal power, and 
‘om 
probability of success on the merits.wae 
: 
mot so certain as to render less important 
% 
the remaining factors to be considered on 3 
motion for preliminary injunction. -- 
° 
is v. Carter, D.C.D.C.1977, 436 F.Supp. 68.3 
oF 
t walnwfui imcispaice: pract 
go 
rered, a3 hereinafter provided, “ve 
oT 
i 
‘State or local enforcement proceedings; notification of State or 
ing in any unlawful employment 
“feet authority; time for filing charges with Commission} 
De-2 or 2000e-3 of this title. 22:40 
. 
. 
., Commencement ef proceedings 
(ec) In the ‘case of an alleged unlawful employment practice oc- 
mj 
‘earring in a State, or political subdivision of a State, which has a 
ee 
| 
Ne: 
aber ef Commission of unlawful 
ees teeuioe R saean 
E 
State or local law prohibiting the unlawful employment practice al- 
sare of charges; determination of Tee- 
meleged and establishing or authorizing a State or local authority to 
ation, and persuasion fer élimisation a 
m disclosure of informal endeavers 
idence ian subsequent preceedings3 “p®®", 
ms time for determination of 
: 
pow 
baa 
8 
aad’ 
apatites 3A 
IS 
vel, ot. agg es 
SiR (LA SRLS 
by or on behalf of a person CA 
mber of the Commission, ae 
git 
yency, labor organization, 
sor 
.J0mm 
ntrolling ‘apprenticeship ‘or 
7othet, 
on-the-job training programs, bas 
ent practice, the Commission ‘shall 
luding the date, place and circum ¢@ 
employment practice) on such es 3 
20 
R*grant or seck relief from such practice or to institute criminal pro- 
Petedings with respect thereto upon receiving notice thereof, no 
; 
eharge may be filed under subsection (b) of this section by the per- 
| 
80n aggrieved before the expiration of sixty days after proceedings 
ve been commenced under the State or local law, unless such pro- 
“ef a written and signed statement of the facts upon which the pro- 
‘teeding is based, the proceeding shall be deemed to have been com- 
$21 
a 
m@ 
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7 
i 
42 §2000e-5 pupiic HEALTH & WELFARE 
Ch. 21 
menced for the purposes of this subsection at the time such state. 
ment is sent by reepared mail to the Bpproptiate State or lees! aur, 
thority. 
: 
i 
, 
State or local ‘entorecuient secencsinexi notification of State or lecal 
authority; time for action on charges by Commission 
~ 
~ 
15) 
(d) In the case of any charge ‘filed by a member of the Commis. a 
sion alleging an unlawful employment practice occurring ina State 
or political subdivision of a State which has a State or local law 
3 
prohibiting the practice alleged and establishing or authorizing’ ae 
ne 
State or local authority to grant or seek relief from such practice or 
to institute criminal proceedings with respect thereto upon receivin, 
notice thereof, the Commission shall, before taking any action with = 
respect to such charge, notify the appropriate State or local offi- 
; 
cials and, upon request, afford them a reasonable time, but not less 
than sixty days (provided that such sixty-day period shall be ex- 
tended 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. 
Time for filing charges; ‘time for service of notice of charge 
| 
en respondent; filing of charge by Commission with © oan 
* State er local agency 
ee A charge under this ‘section shall be filed within one huhdréd. 
and eighty days after the alleged ‘unlawful employment practice’ oc 
curred and notice of the charge ‘(including ‘the ‘date, “place _and ci 
cumstances of the alleged unlawful employment: practice) shall be 
served upon the person against whom such charge is made within a 
ten days thereafter, except that ina case of an unlawful employ: 
ment practice with respect to which the person aggrieved has ini 
tially instituted proceedings with a State or. Jocal agency with au 
thority to grant or seek relief from such - 
‘practice or to institute 
criminal proceedings with respect thereto upon receiving notice 3 
thereof, such charge shall be filed by or on behalf of the person ag- 
grieved within three hundred days after the alleged unlawful.em 
' ployment practice occurred, or within thirty days after receiving n 
tice that the State or local agency has terminated ‘the - 
‘proceeding: 
under the State or local: law,“ whichever is earlier, “and @ ’ ‘copy. xs) 
‘such charge shall be filed 
saad 
‘the Commission with the State or local 
seeped isiietes 
2a Tt Ds wei STATA TS episodes. e909 ¥eSrey1ess 
“hao Reet Tesisg vn Wwele te govetigze exl ovoisd betsrrgzsa sa 
Civil action x: Commission, ‘Attorney ‘General, er person ‘saarieved)“precon- 
7e¢-@itions; - procedures ‘appointment: of attorney; payment. of fees, costs, or 
security; intervention; stay of Federal proceedingn; 
‘action for _BPpro- 
priate ‘temporary * ‘or preliminary *rellef ‘pending *final ' ‘Gispeaition “ef 
- 
- @harges ‘jurisdiction ‘and veaue of United States courts; * 
“denignation ‘of 
_ judge to hear and determine ense; ;aasignment ef case er bearings 
, expedition of set ‘appointment of f master 
s 
4 
w Mage 
aw tani 
scenic grec sisd 
-(f£) (1) If within thirty ‘days after a charge is filed with the Com- 
“3 
mission or within thirty days after expiration of any yeenoe of ref- 
822 
2 
~ 
Me 
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® Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
CIVIL RIGHTS 
42 § 2000e-5 
ence under subsection (c) or (d) of this section, the Commission 
= been urable to secure from the respondent a conciliation agree- 
ent accep-able to the Commission, the Commission may bring & 
Ag vil action against any respondent not a government, governmental 
ency, or political subdivision named in the charge. 
In the case of 
respondent which is a government, governmental agency, or politi- 
subdivision, if the Commission has been unable to secure from 
iliation agreement acceptable to the Commis- 
3ALTH & WELFARE 
ubsection at the time su 
the appropriate State 
or local 
one 
am 
ae 
ert 
stabi 
pe 
ON 
ly 
Th 
LAER 
APOC 
. 
om charges by Commission $6 
x 
iled by a member 
of the Commig 
ha 
oat 
pe P Eeeuce occurring ina a 
pete ug emai ee shall take no further action and shall refer the 
ae oe i ‘State or local tam 
Eiease to the Attorney General who may bring a civil action against 
d seme pad or authorizing @) 
uch respondent in the appropriate United States district court. 
pee nee fribinireaira as 
e person or persons aggrieved shall have the right to eae e 
es connate fies antes 
‘¢ivil action brought by the Commission or the Attorney as : 
: 
, 
g any. action 
(Wity 
‘ease involving a government, governmental agency, or politica 
Basics aay oe local off , 
ubdivision. 
If a charge filed with the Commission pursuant to 
g brane nme, But not bee 
ubsection (b) of this section is dismissed by the Commission, or if 
2 ast eAy period shall be ce 
thin one hundred and eighty days from the filing of such charge 
a paras ee sree year ea 
or the expiration of any period of reference under subsection (c) or 
local law), unless a shorter period, 
Meme: 
(d) of this section, whichever is later, the Commission has not filed 
as ee Jaw to remedy J3y 
civil action under this section or the Attorney General has not 
e 
% 
: 
iled a civil action in a case involving a government, governmental 
gency, 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 
government, governmental agency, or political subdivision, shall 
#0 notify the person aggrieved and within ninety days after. the giv- 
ing of such notice a civil action may be brought against the respon- 
w-dent named in the charge (A): by the person claiming to be ag- 
E*srieved or (B) if such charge was filed 
by a member of the Commis- 
sion, by any person whom the charge alleges was aggrieved by the 
leged unlawful employment practice. Upon ‘application by the 
@ complainant and in such circumstances 
as the court may deem just, 
Bsthe court may appoint an attorney for such complainant and may 
B 
authorize the commencement of the action without. 
the payment 
of 
fees, costs, or security. Upon timely application, the court may, in 
ts discretion, permit the Commission, or the Attorney General in a 
_ 
ease involving a government, governmental agency, Or political sub- 
a 
B-. 
division, to intervene in such civil action upon certification that the 
BE 
case is of general public importance. Upon request, the court may, © 
qin its discretion, stay further proceedings 
for not more than sixty 
je. 
paepesteyteroesapsanur-sp 
enn 
ap 
rInUy 
Ue? 
stg) 
Y 
TURP 
=Ose 
SSI 
DET 
nO 
US 
gene 
apEDeuinaind 
weg 
ke Ea 
fer service Si ectice or charge cate 
harge by Commission with 
mee 
enl agency 9 4S DUUTE 
shall be filed within 
one 
hund 
unlawful employment practice 
¢ 
(including 
the ‘date, “place ‘and @ 
ful employment practice) shall pe 
whom such charge is made ‘withisy 
in a case of an ‘unlawful employs 
ich the person aggrieved has ial 
a State or local agency with a 
rom such ‘practice or-to institateg 
et thereto “upon -receiving noticed 
i by or on behalf of.the person 
= after the’alleged unlawful 
em, 
hin thirty days after receiving 
fee 
_ 
Nee 
mam 
ry has terminated the proceedings; 
nichever is earlier, “aid & “copy 
Commission with the State or-loc 
er La tek ~eomuebotmied Gaxt 
Mrusimme edd exoled beavers 
‘General, 
‘er ‘peradii agurieveds"preew 
ae 
‘ 
Dae 
rer 
az 
oe 
sd ead 6h ayment of fer sot 
=(2) ‘Whenever.a charge is filed with the Commission and the 
P 
reltet oa 
at gispeattion 
= Commission - concludes on the basis of a preliminary investigation 
f 
Unites States courts; ‘desl 
be: 
that prompt judicial action is necessary to carry out the purposes of 
| seatgament, st See". 
«this Act, the Commission, or the Attorney General in a case involv- 
asia 
jing a government, governmental agency, or political subdivision, 
“May bring an action for appropriate temporary OF preliminary relief 
823 
the Commission to 
obtain voluntary compliance: 7 ‘7- <# 
a 
woe 
- 
Bricribed in subsection 
(c) or (4).of this section or further efforis 
¥ 
er a charge is filed with the Com 
pr expiration of any period of ref 3 
22 
By ste 
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CIA-RDP90M00005R000200020002-1 
Chae 
veda, 
42 §2000e-5 
pupiic HEALTH & WELFARE 
Ch. 21 
pending final disposition of such charge. 
Any temporary restrain- 
ing order or other order granting preliminary or temporary relief 
shall be issued in accordance with rule 65 of the Federal Rules of 
Civil Procedure. 
Jt shal] 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 tobe in every 
way expedited. 
(3) Each United States district court and each United States 
court of a place subject to the jurisdiction of the United States 
shall have jurisdiction of actions brought under this subchapter. 
Such an action may be brought in any judicial district in the State 
in which the unlawful employment practice is alleged to have been 
committed, in the judicial district in which the employment records 
relevant to such practice are maintained and administered, or in the 
judicial district in which the aggrieved person would have worked 
but for the alleged unlawful employment practice, but if the respon- 
dent is not found within any such district, such an action may be 
brought within the judicia) district in which the respondent has his 
principal office. 
For purposes of sections 1404 and 1406 of Title 28, 
the judicial district in which the respondent has his principal office 
shall in all cases be considered a district in which the action might 
have been brought. 
(4) It shall be the duty of the chief judge of the district (or in 
his absence, the acting chief judge) in which the case is pending 
immediately to designate a judge in such district to hear and deter- 
ee 
mine the case. 
In the event that no judge in the district is availa- 
7 
ble 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 inees of the 
circuit to hear and determine the case. 
(5) It shall be the duty of the judge designated pursumats to this 3 
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 
3% 
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. 
sph 
ade 
é 
abe 
eth 
thees 
9eg7 
Mth 
ZTE 
Eo 
ey 
oF 
jn HR 
ORL 
it 
nh 
and 
NO 
Pn 
carers 
i 
. : bth 
, 
" Ppa 
wen 
ae 
ii 
i 
neh 
A ¥ 
on 
sordid, 
tt 
as. 
at 
06k 
FelbadL 
indi 
tehsil 
bad 
eres 
brian 
Areas 
A 
AACE 
5 
ghatrd 
ah 
at 
yesh 
hy, 
ry 
Pera 
Weg 
2 
nee 
tpleaniet 
Toros 
eee tet 
pte 
iat 
0 ern 
a 
ee 
. 
Injunctions; 
appropriate 
affirmative 
action; equitable 
relief; 
accrual 
ef 
back pays reduction ef back pay; lMmitatiens en judicial orders 
; 
(g) If the court finds that the respondent has intentionally en- @ 
i 
gaged in or is intentionally engaging in an unlawful employment 
{ 
practice charged in the complaint, the court may enjoin the respon-. 
{ 
: 
dent from engaging in such unlawful employment practice, and or- 
: 
i 
der such affirmative action as may be appropriate, which may in- 
‘} 
ie 
clude, but is not limited to, reinstatement or hiring of employees, 
4 
with or without back pay (payable by the employer, employment 
agency, or labor organization, as the case may be, responsible for 
824 
A 
eer 
A 
SEY 
OMIM 
Foe em 
PLE 
Ie 
Alphonse 
‘ 
vba 
rebate 
AMOR 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : 
CIA-RDP90MO00005R000200020002-1 
HEALTH & WELFARE 
(hina 
cn. 2 
- CIVIL RIGHTS 
42 §2000e-5 
de grin Any temporary restrain 
ay 
the unlawful employment practice), or any other equitable relief as 
ting preliminary or temporary 
relief 
gam 
a 
ehe court deems appropriate. -Back pay liability shall not accrue 
vith rule 65 of the Federal Rules af 
aay 
om a date more than two years prior to the filing of a charge with 
duty of a court having jurisdiction a 
e Commission. 
Interim earnings or emounts earnable with rea- 
Eeablet alee hearing aj 
nable diligence by the person or persons discriminated against 
to cause such cases tobe in everyy 
me 
shall operate to reduce the back pay otherwise allowable. 
No order 
a 
fee 
of the court shall require the admission or reinstatement of an indi- 
‘dual as a member of a union, or the hiring, reinstatement, or pro- 
tion of an individual as an employee, or the payment to him of 
ny back pay, if such individual was refused admission, suspended, 
r expelled, or was refused employment or advancement or was SUS- 
nded or discharged for any reason other than discrimination on 
ccount of race, color, religion, sex, or national origin or in viola- 
on of section 2000e-3(a) of thistitle. 
© 
“9-0: 
ee 
,urisdiction of the United States] 
brought under this subchapter4 
any judicial district in the State 
#NaM 
practice is alleged to have been Sa 
‘n which the employment records Same 
tained and administered, 
or in the 
# 
‘rieved person would have worked % 
--yment practice, but if the respon- Sama 
a district, such an action may 
be 
Sam 
t in which the respondent has his sam 
sections 1404 and 1406 of Title 
28, 
respondent has his principal office # 
: district in which the action might % 
* wae 
Provistons of sections 101 to 115 of Title 29 not applicable to 
; 
civil actions for prevention ef unlawful practices 
: 
al 
eh) The provisions of sections 101 to 115 of Title 29 shal] not ap- 
ply with respect to civil actions brought under this section. 
ae 
‘es - 
, Proceedings by Commission to compel compliance with judicial orders 
&. (i) In any case in which an employer, employment agency, or la- 
‘bor organization fails to comply with an order of a court issued in a 
civil action brought under this section, 
the Commission “may com- 
ence proceedings to compel compliance with such order. . 
.: .--.:: 
ae chief judge of the district (or in # 
udge) 
in which the case is pending # 
‘2 in such district to hear and deter-g 
no judge in the district is availa-% 
se, the chief judge of the district, : 
ase may be, shall certify 
this fact § 
c in his absence, 
the acting chief § 
. district or circuit judge of the % 
SEA 
Ne 
Fae 
es 
a 
vat 
re 
ene 
es 
LT Appema 
2 
Gi) Any civil action brought under this 
r 
proceed 
ings brought under subsection (i) of this section shall be subject to 
:4ppeal as provided in sections 1291 and 1292, Title 28. _.. 
udge designated pursuant to this 
2 
searing at the earliest practicable 
@ 
in every way expedited. <If such 3 
+ for trial within one hundred and ¥ 
:a joined, that judge may appoint @ 
oe Federal Rules of Civil Procedure. 
| 
Saw RQU AR CWS 
aloes 
fo 
ages 
aigisae 
Poe 
aes 
apres 
‘ Attorney's fee; Uability of Commission ad United States for coats a 
‘sc; (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 as part 
64, 78 Stat. 259;~Pub.L. 
eae See 
a 
eT 
rage 
Sie 
et 
Ge otee, Bee aan 
bes 
ers 
ve actions equitable relief; neeraal 
eee 
oe 
pays limitations om judicial erders ass 
972, 86 Stat. 104. ° * 
. srheleig~- 
the respondent 
has intentionally 
en-g 
igaging in ‘an’ unlawful employment 9 
int, ‘the court may enjoin the respo! 
Jawful employment practice, 
and oF- 
may -be appropriate, which may in-® 
instatement or hiring of employees, 3 
yable by the employer, employment = 
as the case may be, responsible for 4 
@a the Civil Rights Act of 1964, which is 
in Title 28, Judiciary and Judicial Proce- 
eiasaified principally to subchapters Il to { dure.tid.;tem2nenes: Heiathens act - 
of this chapter. (section 2000a et weq.). 
0 
“fastix-Sseeee FL 
For complete classification of this Act to 
‘Sectlonw 111 ‘and ’112,included within 
: 
Code, see Short Title note set out un- 
the reference to sections 101 to 115 of Ti- 
Ger section 2000a of thie title and Tables 
tile 29, referred to in subsec. (h), are sec- 
' Volume, 
Aree 
Cone. 
tions 11 and 32 of Act Mar. 23, 1932, c. 90, 
825 
er Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 
meena 
thie 
ca 
IF 
CU 
Ai 
eR 
aviation 
4 yrs 
Penrose 
Carat 
Nae 
onal 
dba 
Bd 
ciel 
cea 
ve atte 
1 newman 
pepe 
nS 
Sea 
Te 
TT 
Declassified in Part - Sanitized rCOpy Roprovedf a Release 2012/11/02 : 
CIA-RDP90M00005R000200020002-1 
47 Stat. 
72, and were 
repealed 
by Act 
June 25, 1948, c. 645, $ 21, 62 Stat. 842. 
The provisions 
of section 
111 are now 
covered 
by 
section 
3692 
of 
Title 
18, 
Crimes and Crimina! Procedure, and the 
provisions of section 112 are now covered 
by rule 
42, Federal 
Rules 
of Criminal 
Procedure, Title 18. 
Codification. 
Subsection 
(b) 
of 
this 
section, referred to in subsec. (c), was in 
the original a reference to subsection (a) 
of this section, and has been editorially 
changed to subsection (b) of this section 
to 
conform 
to 
the 
redesignation 
of 
subsection (a) by Pub.L. 92-261. 
1972 Amendment. 
Subsec. 
(a). 
92-261, § 4(a), added subsec. (a). 
subsec. 
amended. 
Subsec. (b). 
Pub.L. 92-261, § 4(a), re- 
designated former subsec. (a) as (b) and, 
as 
so redesignated, modified 
the proce- 
dure for the filing and consideration of 
charges by the Commission, subjected to 
coverage 
unlawful employment practices 
of 
joint 
labor-management 
committees 
controlling apprenticeship or other train- 
ing or 
retraining, 
including 
on-the-job 
training programs, required the Commis- 
sion to accord substantial weight to final 
findings and orders made by State or lo- 
cal authorities In proceedings commenced 
under State or local law in its determina- 
tion of reasonable cause, and added the 
provision setting forth the time period, 
after charges have been filed, allowed to 
the Commission to determine reasonable 
cause, 
Former aubsec, 
(b) was redesig- 
nated (c). 
: 
Subsec. 
(c). 
Pub.L. 92-261, § 4(a), re- 
designated 
former 
saubsec. 
(b) 
an 
(c). 
Former subsec. (c) was redesignated (da). 
Subsec. (d). 
Pub.L. 92-261, § 4(a), re- 
designated 
former 
subsec. 
(c) 
as 
(d). 
Former snbsec. (4) was redesignated (e). 
Subsec. (ce). 
Pub.L. 92-261, § 4(a), re- 
designated former subsec. (da) as (e) and, 
as so redesignated, extended from ninety 
to one hundred and eighty days after the 
occurrence 
of the alleged unlawful 
em- 
Ployment 
practice 
the 
time 
for 
filing 
echsrges under this section and from two 
hundred and ten to three hundred days 
the time for filing such charges where 
the perzon aggrieved 
initially instituted 
proceedings with a State or local agency, 
and added the requirement that notice of 
Pub.L. 
Former 
(a) 
war 
redesignated 
(b) 
and 
ria 
ae 
: 
- 
‘Library References 
Civil Rights €=231 et seq. 
826 
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CIA-RDP9O0MO00005R000200020002-1 
42 §2000e-5 
pusiic HEALTH & WELFARE 
Ch. 21 
“1964 U.S.Code Cong. and Adm.News, Pp. 
the charge be served on the respondent 
— 
within 
ten 
days 
after 
filing. 
Former 
xnbaec. (e) was redesignated (f) (1). 
Subsec. (f). 
Pub.L. 92-261, § 4(a),- re- 
designated former subsec. (e) as par. (1) 
and, an so redesignated, substituted pro- 
visions 
setting forth 
the procedure for 
civil actions where the Commission wan a ae 
upable to secure from the respondents a 
: 
concillation agreement to prevent further 
unlawful employment practices for provi- 
sions setting forth the procedure for civil 
actions where the Commission was unable 
to obtain voluntary compliance with this 
subchapter and added provisions setting 
forth the procedure for civil action where 
the respondent is a government, govern- 
mental 
agency, 
or 
political 
subdivision 
and the Commission could not secure @ 
conciliation 
agreement, 
added 
par. 
(2), 
redesignated 
former subsec. 
(f) as par. 
(3), and, as so redesignated, substituted 
“aggrieved 
person” 
for “plaintiff", 
and 
added pars. (4) and (5). 
2 
Subsec. (g). 
Pub.L. 92-261, § 4(a), add- 
ed provisions which authorized the court 
to order 
affirmative 
action 
not limited 
solely to the enumerated affirmative acts 
and such other equitable relief as deemed 
appropriate, 
and 
provisions 
which 
set 
forth the accrual date for back pay. 
Subsec. (1). 
Pub.L. 92-261, § 4(b)(1), 
substituted “this section” for “subsection 
(e) of this section”. 
" Subsec. (J). 
Pub.L. 92-261, § 4(b)(2), 
substituted “this section” for Su pneccion 
(e) of this nection”. 
Effective 
Date 
of 
1972 
Anisniiment. 
Section 
14 
of 
Pub.L. 
92-261 
provided 
that: 
“The amendments 
made 
by this 
Act to section 706 of the Civil Rights Act 
of 1964 [this section] shall be applicable 
with respect to charges pending with the 
Commission on the date of enactment of 
this Act [Mar. 26, 1972] and mat charges 
filed thereafter.” 
. 
Effective 
‘Date. 
Section effective one 
year after July 2, 1964, see section 716 of 
Pub.L. 
88-352, 
set out as an Effective 
Date note ander section 2000 of this ti- 
tle. 
3: 
Le bled, 
Legislative 
Histery. 
For 
leginiative 
history and purpove of Pub.L. 88-352, see 
2355. 
See, also, Pub.L. 92-261, 1972 US. 
> 
Code Cane; and precedes Pp. 2187, t 
a 
C.3.8. Civit Rights §§ 178, 185. °°? 
Se 
CIVIL RIGHTS 
42 §2000e-6 
t him 
and 
other 
rari denied 99 S.Ct. 1020, 439 U.S. 1115, 
ployment 
and 
59 1..Ed.2d 74. 
Where finding 
of district court that 
ig 
plaintiff 
in 
employment 
discrimination 
Re iyil rights class action for employ- 
action failed to establish prima facie case 
Aa, 
discrimination 
brought 
by black 
of employment discrimination was clearly 
c—toyecs, the 404-week limitation on the 
erroneous and where 
district court &p- 
ete 
red circling remedy had to be re- 
plied improper test in determining that 
seed 
gince the court made no findings 
plaintiff failed to establish prima facie 
period was sufficient to allow a 
. 
td be reversed and remand- 
nably diligent and capable employee 
ed to district court with directions to 
‘ 
ce to pay SToOUD eight from most 
grant plaintiff pack pay, attorney 
fees, 
Matey 
level jobs in most departments; 
and costs in district court 
action and 
r, the court's time limitation had to 
plaintiff would be allowed costs as well 
Mie tong enough to allow reasonably aili- 
as 
reasonable 
attorney 
fees 
on 
appeal 
Fiat and capable class members 
a fair 
upon plaintiff's filing of appropriate affi- 
ined reasonable opportunity to reach their 
davit supporting and detailing time spent 
Begresent psy group level in the depart- 
upon 
appeal. 
Meyer v. Missouri 
State 
Bments from which blacks had traditional- 
Highway 
Commission, 
C.A.Mo.1977, 
567 
ety been excluded. 
Pettway 
V- American 
F.2d 804, certiorari denied 98 8.Ct. 1888, 
F(ast Iron Pipe Co., C.A.Ala.1978, 576 F.2d 
435 U.S. 4013, 56 L-Ed.2d 395. 
71ST, rehearing denied 581 F.2d 267, certio- 
: § 2000e -6. 
Civil actions by Attorney General 
Complaint 
(a) Whenever the Attorney General has reasonable cause to be- 
Br 
lieve that any person or group of persons is engaged in a pattern or 
E practice of resistance to the full enjoyment of any of the rights se- 
ured by this subchapter, and that the pattern or practice is of such 
nature and is intended to deny the full exercise of the rights here- 
a 
- 
y General may bring a civil action in the 
Ph 
peg 
2 
appropriate district court of the United States by filing with it a 
system ‘did ‘not requlrea 
: 
complaint (1) signed by him (or in his absence the Acting Attorney 
ern ppt goes : 
eel (2) setting forth facts pertaining to such pattern or prac- 
 ployees who suffered 
“7 
= 
ce, and (3) requesting such relief, including an application for a 
eee rir ae s gions au 
xi 
“permanent or temporary injunction, restraining order or other order 
: 
pi 
SF ate 
me against the person or persons responsible for such pattern or prac- 
=- tice, as he deems necessary to insure the full enjoyment of the 
f.rights herein described. _ 
Ri 
Seat 
Si 
ae 
- 
wen 
gh 
OE TIS 
acpe 
‘Jurisdictions three-judge 
Miatrict court for ‘cunen of general public tmpor- 
_ tances 
hearing, determination, expedition of action, review by Supreme 
Court; single-judze district court: 
hearing, aetermination, expedition of 
- 
action 
toe 
a 
Fo 
RE 
(b) The district courts of the United States shall have and shall 
, 
exercise jurisdiction of proceedings instituted pursuant to this sec- 
tion; 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 At- 
oomph 
torney General shall be accompanied by a certificate that, in his 
about hiring precuets Sr Loker ee 
"opinion, the case is of general public importance. 
A copy of the 
Hons 
because employee complained 
ia) 
certificate and request for a three-judge court shall be immediately 
54 
— 
furnished by such clerk to the chief judge of the circuit (or in his 
- var © 
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- 
iti 
can 
- 
ie 
; 
a 
art - 
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: CIA-RDP90M00005R000200020 
* 
002-1 
ia 
deb 
Basen 
oR. 
a tee 
A LTTE 
ES RN 
me 
Ms 
mm 
RNe 
ener 
AS as 
aati 
iaah 
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 dis. 
trict, 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 sec- 
tion to assign the case for hearing at the earliest practicable date : 
and to cause the case to be in every way expedited. 
Transfer of functions, ete. to Commission; effective date; prerequisite te 
transfer; execation of funetions hy Commiasion 
(e) Effective two years after March 24, 1972, the functions of the 
Attorney General under this section shall be transferred to the Com- 
mission, together with such personnel, property, records, and unex- 
pended balances of appropriations, allocations, and other funds em- 
ployed, 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. 
Trapafer of functions, ete., net to affect suits commenced purguant 
te thls section prior to date of transfer 
ree 
(d) Upon the transfer of functions provided for in subsection (ec) 
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, 
a8 approprriate, 
866 
0020002-1 
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: CIA-RDP9OMO0005R00020 
0020002-1 
ql Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 
: CIA-RDP9OMO0005R00020 
(e) £ 
thority 
discrim 
to be a 
tions st 
in secti 
Pub.L. 
92-261, 
the duty 
of the eh 
ting chief judge); 
ate a judge 
inv eac 
vent that no Jue 
the case, the ¢ 
3 the case may 
be," 
uit (or in“ his Ses 
gnate a district 
orcel 
heataliatce ners 5” 
ge designated p r 
ing at the earlie 
functions by Com 
March 24,°1972,-the 
: 
ion shall be transfer 
sonnel, property 
“y 
ns, allocations, 
and 
to be made available 
494 
e President “gabmits, 
ganization plan pu 
the provisions 
of this 
such functions 
in 
acet 
« to date of transfer 
7 
Tie 
tions provided for in sub 
- 
paced pursuant to this section 
m 
roceedings shall continue wees 
decrees shall remain ‘in eff 
i 
ted as a party for the United 
Bam 
l, or the Acting Attorney 
Geae 
B66 
Se section 707 Functions ef the Atter- 
Declassified 
| 
- 
assified in Part - Sanitized Copy Approved for Release 2012/11/02 
: 
CIVIL RIGHTS 
42 § 2000e-6 
javestigation and action by Commission pursuant to filing of 
charge of discriminations procedure 
arch 24, 1972, the Commission shall have au- 
act on a charge of a pattern or practice of 
half of a person claiming 
“subsequent to M 
ty to investigate and 
er 
tmination, whether filed by or on be 
Re aggrieved 
= shall be conducted in accordance wi 
*setion 2000e-5 of this title. 
rm 
Agb.L. g8-352, Title VII, § 707, July 2, 1964, 78 Stat. 261; Pub.L. 
me-261, § 5, Mar. 24, 1972, 86 Stat. 107. 
or by a member of the Commission. 
All such ac- 
th the procedures set forth 
Historical Note 
: 
as 
ndment. 
Subsecs. ©) to (e). 
rred to the Attorney 
sed by him in ac- 
3S b.L. 92~261 added subsecs. 
(c) to (e}. 
sistent with 
ee “$ttective 
Date. 
Section 
effective 
one 
: 
this subchapter, 
gear after July 2, 1964, see section 716 of 
General authorized 
b.L. 88-852, 
set out a5 an Eftective 
tion under this section to any officer or 
pints note under section 2000e of this ti 
employee of the Department of Juatice, 
_ Pian No. 1 of 1978, § 5. 43 FR. 
Any function 
49807, 92 Stat. 3782, set out as a note un- 
Transfer 
of Functions. 
der section 2000e-4 of this title. 
the Equal Employment Opportunity 
. of 
¥ Commission concerning initiation of liti- 
. 
a 
Legisistive 
History. 
For 
legislative 
MF gation with respect to Stale 
local BOT- 
pistory and purpose of Pub.L. 88-S52, ste 
ernment, or political aubdivisions under 
1964 U.8.Code Cong. 
and Adm.News, 
P 
this section, and all necessary functions 
9355, 
8 
. 
Yalad Pub.L 92-261 “W972 Us. 
telated 
thereto, including 
investigation. 
Goge Cong. and "adm News, p. 2137. 
© 
findings, 
notice and an opportunity to 
pesoive the matter without contested liti- 
-EXECUTIVE ORDER NO. 12068 1 aoe 
-June 30, 1978, 43 F.R. 28971 
aie 
TRANSFER OF CERTAIN FUNCTIONS TO ATTORNEY GENEBAL °.. 
By virtue of the authority vested In me 
as a note under section 2000e-4 of this ti- 
as President of the United States by the 
tle] 
shall 
pecome 
effective 
on July 1, 
ceria ae 
and 
laws 
of 
the 
United 
1978. 
tea, Including Section 9 of Reorganiza- 
aes 
tion Plan Number 1 of 1978 43 FR. 
i102, The func 
19807) [set out as a note under section 
Lng of this title}, in order to clarity 
e Attorney General’s authority to initi- 
ate public sector litigation under section 
“l* title} shall, cons 
707 
707 of Title VII of the Civil 
of Title VII of the Civil Rights Act of 
1964, 
° 
20p0e-6) 
[thi 
4964, as amended {this section], be per- 
an amended (42 U.8.C. 
» f 
section}, 
it ts ordered as follows: 
‘ 
_, formed in accordance with Department be 
Z 
Ie 
ee 
ea 
eetie 
hk 
Justice 
procedures 
heretofore 
followed 
; mey Genersl. aa Lp geae weteibeteee ake. 
: 101. 
Section 5 of Reorganization Plan 
‘amber 1 of 1978 (43 FRE 19807) {eet out 
Zo 0 
j-t-se7 cl 
Library References -- 
--- 
7. peaks 
bos 
tRs 
 @J.S8.Civil Bights §§ 275, 178 
_ 
Civil Rights @>13.18. 
i 
under Section 707. 
- 
- 
CIA-RDP90M00005R000200020002-1 
OE 
meh 
mem 
eecem 
creme 
$2 #2000e-6 
PUBLIC HEALTH & WELFARE 
fyote 22 
pey Gfneral’s fonctions had been trans- 
werredito Commission so that his authori- 
Y tagbring the suit had ceased. 
U. 8. v. 
Stat 
of N. C., C.A.N.C.1978, 587 F.2d 625, 
Setiorari denied 99 S.Ct. 28°, 442 U.S. 
900, 61 L.Ed.2d 274. 
58. Remand 
: 
In suit under this subchapter, district 
Join present policies and practices 
wey 
were discriminatory or which, no matin 
how neutral in eppearance, 
perpetnas, 
effects of past discrimination and shoaig 
promptly formulate effective 
afi 
matte: 
injunctive relief to extent that At. 
Present effects of past discriminatiog, $1 4 
8. by Clark v. Dillon Supply Co, 
g 
C.1970, 429 F'.2a 800. 
ees 
court on remand should immediately en- 
- 
§ 2000e-7. 
Ettect on State laws 
Nothing in this subchapter shall be deemed to exempt or reliey, 
any person from any liability, duty, 
of any State or political subdivision of 
law which purports to require or per- 
would be an unlawful employment ¥ 
by any present or future law 
a State, other than any such 
mit the doing of any act which 
practice under this subchapter. 
“a 
penalty, or punishment Provided 
Pub.L. 88-352, Title VII, § 708, July 2, 1964, 78 Stat. 262. 
Historical Note 
Effective Date. 
2, 1984, see section 
Civil Rights @€=2. 
States €>4.14. 
Notes of Decisions 
Rr erie: 
Generally 
2 
: 
es 
Mandamus 
4 
Poses 
: 
Parpose 
1 
Validity of particular state laws 
3 
1. Purpose 
males 
In enacting this sabchapter, Congress 
disclaimed any general Preemptive intent 
and 
Ark.Stats. 
§ 81-601 
requiring over- 
time 
pay 
to 
female 
employees 
who 
worked in excean of eight hours per day 
could be declared invalid only if it was 
iu ennflict with this subchapter. 
Hays v. 
Potlatch 
Forestx, 
Tne, C.A.Ark.1972, 465 
F.2d 1081. Reniiste 
ty 
es 
* Neither this subchapter nor Fair Labor 
Standards Act of 1988, section 201 et seq. 
of Title 20, have preempted state regula- 
tion or imposition of state remedies for 
employment 
practice 
violations 
arising 
out 
of same 
circumstances. | Davis 
y. 
Jobs For Progress, 
Inc., D.C.Aris.1976, 
427 F.Supp. 479. 
a 
Tei 
MAA gue = 
Library References 7 
C.5.8. 
198, Civil Rignes 
4% 2, 
4 et se, 17, 
“-C.S. States $24.0, 
Mee 
Thin section is intended to save those 
atate laws which aim at preventing em- 
ployment 
discrimination 
and 
not 
state 
2-1 
m 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 
: CIA-RDP90MO00005R00020002000 
found ae 
laws which purport to require what is an ~ 
unlawfs! employment practice under this 
- 
subchapter.. 
LeBlanc 
ry. 
Southern Bell 
; 
Tel. & Tel. Co., D.C.La.1971, 333 F.Supp. 
002, affirmed 460 F.2d 1228, certiorari de- 
257. 
pace 
mah 
:'Congreas by Passage of thie nubcha. 
intended 
to supersede all provisions of “=< 
state law which require or permit doing 
of ap act which constituten unlawful en- 
ployment practice under this subchapter 
ot -which are inconsistent with any pur- 
pone 
| 
of this’, subchapter 
General Motors Corp. 
F.Supp. 1089, reversed 
04 F.2d 9, 
7” 
2. 
TMP Dee 
‘D.Onio 1971, "335 
L‘on other _&rounds 
“ 
: 
a 
oir 
WEtsy 
Sash 
<aPurpose -of this -section -ix to . insure 
Prenervation of state lawn which paraliel 
this subchapter 
in prohibiting empioy- 
ment discrimination. 
. Local 246, Utility 
Workers Union of America, AFL-CIO y. 
892 
| 
a 
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: CIA-RDP90M00005R000200020002 
te, Ridinger 
“y¥.' 
ao es 
nied 93 8.Ct. 320, 400 U.S. 900, % LEa2d 
eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 
aot. 
: HEALTH & WELFARE 
2 
avi ricuts 
42 §2000e-7 
oath 
aerd California Edison Co., D.C.Cal. 
Though federal court decisions 
under 
AZ A 
join present polictes 
ene 
1262. 
this subchapter 
are 
not controlling 
in 
a 
: 
hs 
Oh 
Ok 
4 
OE 
AS 
TTD 
Soalichanbeienipnsn
* 
ori- were dincriminatory ee 
gat 
i. v, 
how neutral ta ‘appearamd 
3 opiais 
construing state’s acts against discrimi- 
s 
25, 
effects of past 
orton 
$a 
‘ 
subchapter was bot “intended 
tO J 
otion, such decisions are of persuasive 
ade 
U.S. 
Promptly formulate “ 
~ 
or limit application of state pro- 
> 
ential value. 
McCabe 
¥. Johnson 
i j 
| 
injunctive relief te ‘ex: 
Mice 
legislation. 
Weeks v. Southern He Her of County Com’rs, Kan-ApP. 
“Tha 
| 
present effects of past'@! 
Meye!. & Tel. Co. D.C.Ga1967, 277 F- 
i999 @15, P.2d 780 
i 
, 
8. by Clark v. Dilloa’ 
ye yf, affirmed in part, reversed in 
9 
: 
mit 
rict 
©-1970, 429 F.24 goo, 
5-3 
oa other grounds 408 F.2d 228. 
} 
ee 
: 
3. Validity ef particular state laws 
| 
| i 
a. 
: 
Sie 
ifying 
thet nothing in 
section specifying 
Michigan female protective statute pro- 
vides no defense to an action under this 
subchapter. 
‘Kreitner 
Vv. 
Rendix 
Corp., 
subchapter shall be deemed to ex- 
: 
or relieve any person from any lia- 
amity, duty, penalty or punishment pro- 
by state law other than a law pur- 
D.C.Micb.1980, 501 F.Supp. 415. 
a 
. eo 
: 
; 
ing to require or permit the doing of = ‘ymployer would be immune from lia- 
° 
: 
Opti 
Say 
act which would be an unlawful em- 
 pinity under this subchapter for pack pay 
ment practice under this subchapter 
or denial of rights of women 
to equal 
peas designed to preserve effectiveness of 
opportunity with 
men 
to’ earn overtime 
rotate antidiscrimination laws and was not 
pay during period that state statute lim- 
pJatended 
to 
preserve 
female 
protective 
ited working hours of women in manu- 
; AD wa. 
Jones Metal Products Co. v. Walk- 
facturing or mechanical establishments, if 
ie, 1972, 281 N.E.2d 1, 29 Ohio 8t2d aig. employer 
made 
bona 
fide 
decision 
to 
comply with state atatute in reliance on 
. 
interpretation 
of Commission 
that atate 
: 
‘2 [nis subchapter 
envisions 
coexistence 
protective 
laws 
regarding women 
were 
“ 
ef state and federal remedies when the 
unaffected by and constituted exceptions 
= 
two are compatible; 
while 
deferral 
to 
to federal law. 
Stryker v. Register Pub. 
ate authority is authorized by this sub- 
C0, D.C.Conn.1976, 423 F.Supp. 476. 
sae sae 
is certain employment discrim!- 
west's Ann.Cal_Labor Code, Hf 2872 
nation cases, State’s generalized concern 
4350, 1350 5, relating to maximum hours 
for prevention of torts and its provision 
and overtime pay for female employees, 
ef judicial remedies simply to thet end 
and California Industrial Welfare Com- 
warrants neither preliminary deferral BOF 
mission's 
order 
regulating employment 
displacement of this subchapter coverage. 
and compensation of women are in con- 
Bhehadeh v. Chesapeake and Potomac Tel. 
flict with thix section aud are therefore 
* Co. of Maryland, 1978, 505 F.2d 711, 193 
invalid. 
Homemakers, Inc., of Los Ange- 
duty, penalty, or punishmen 
f any State or political subdige 
w which purports to requi 
h would be an unlawful 
Geese 
ia Bd 
Fg. Generally 
uly 2, 1964, 78 Stat. 262. 
+e "teere meses aeenst pt 
ly 
Legislative 
Histery. 
history and purpose of Pub,! 
er 
1964 U.S.Code Cong. and Jé 
2355. 
sam 
yt Rae 
ey. 
au 
- 
» 
to. 
y References hs 
C.3.8. Civil Rights 8.2 
198, 
C.J.S. States 
§ 24. +7 -gant 
U.S.App.D.C. 326. 
3 
les v. Division of Indus. Welfare, D.C. 
lee 
te 
en Gad ember 
Cal.1978, $56 F.Supp. 
1111, affirmed 500 
ewneal 
State 
protective 
statute 
does 
mot 54 29, certiorari denied 96 8.Ct- 809, #29. 
present a per: se exception 
to the pre- 
sumption that retroactive relief in the 
U.S. 1063, 46 LBd20 
655.0 
“form of back pay should be paid to vic- 
state regulation requiring rest breaks 
‘fms of unlawful discrimination but 18 ® 
gor women was contrary to objectives of 
factor to weigh in the decision. 
Kreitner 
iyj5 xabchapter and was preempted by 
: 
: ng Corp. D.C.Mich.1980, 501 F. provisions of this gubcbapter by virtue of 
~  wecthi 
nee 
- 18C-AConst. Art. 6 cl 2 
Burns Y- 
. 
xube 
; 
“Rentharal 
: 
; 
act 
= 
Tel. & Tel. Co. D.C.La 
1971 333 a 
~ fmection 2000e-5 of this title giving ais- 
Bohr Corp, D.C.Cal.2972, 346 F.Supp. 904. 
002, affirmed 
460 F.2d 1228, 
: 
: 
trict 
courts 
jurisdiction 
over 
actions 
VAMS. 
$ 200.040 
limiting ‘working 
nied 98 S.Ct. $20, 400 U.S. 900,'9¢ Lume 
drought by aggrieved persons alleging pourn of female employees in certain in- 
257. Tes 
ne eee 
employment discrimination does not €8- 
duxtriex, 
Including 
transportation and 
( 
tablish 
district court jurisdiction Over common carrier industries, to aine hours 
suits to deciare state statutes invalid UN- 
per day and 54 hours per week violated 
: 
der the preemption provision. 
Wigginess 
provisions of this subchapter. 
Vogel v. 
Inc. vy. Fruchtman, D.C.N.X.1970, 482 F- Trans World ‘airlines, D.C.3fo.1971, 346 
= 
z 
eet 
: 
= 
pi 
; 
This section in intended € 
state laws which alm at preves 
lawn which purport to req 
unlawful employment practice 
ated 
Vibe 
we 
Fe 
dt 
ee 
cher 
ee 
Saree. 
" intended 
to supersede all. 
ny 
state law which require of 
perm 
* 
nn 
of an act which constitutes 
ualawiall 
ae 
eee 
v. ployment. 
practice under thia 
sebesaaaal 
Supp. 681, afffirmed 628 F.2d IM 
~~ F-Supp. ee ee ie 
6 
or which are inconsistent with 
8%, 
- 
Although United States Supreme Court 
© To extent that B.C. §§ 4107.43, 4107.46 
-; 
pone. of this “subchapter. “pice 
has construed federal antidiscrimination 
restricting and regulating employment of 
br General Stotora Corp. D.c.Onle, 
aeons 
: 
law es not reyuiring inclusion of preg- 
femaien 
in workshops and factories of 
F.Supp. (1089, reversed 
on_ other 
} 
 maney-related disabilities in a disability state were in conflict with this subchap- . 
$74 F.2d 969. ne 
rapes 
e- 
plan, giving a contrary interpretation to 
ter, they conflicted with and were sU- 
© 
Purpose -of thin ~section 
ae 
= 
aimilar state statutes would sot require 
perseded by this subchapter and, by vir- 
g 
E 
the doing of any act which would be an 
tne of U.S.C.A.Const. Art. 6, el 2, were 
1k 
prenervation of state lawa while: 
Ridin- 
: 
r. 
this subchapter in probibitiag 
| 
anlawful employment practice under fed- ‘void and of no force and ec Onl 
| S 
6, 
ment 
mination. . 
Loca’ 
x. 
eral law. Massachusetts Elec. Co. ¥. Mas- 
ger 
Y. General 
Motors Corp. 
Warkicd thelen of Pes 
oe! 
sachusetts Commission Against Discrimi- 
1971, 325 F.Supp. 080, reversed oD other 
ie 
892 
= 
nation, Mass.1978, 875 N.E2d 1192 = grounds 474 F.2d 049. 
east tt 
893 
f 
Se 
ete 
“eee 
D 
“oo 
. 
_ 
age 
7 
= 
- 
_ 
, 
eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
wadecnemmainth 
dts 
clam 
Nicnieabbcke 
ties 
casas’ 5 
-‘Feguiating an incident of the retail sale 
‘dustrial Welfare, 1968, 71 
‘ 
w Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 
42 §2000e-7 
pusiic HEALTH & WELFARE 
43 P.S. §§ 103 et neq., 951 et seq., inso- 
ing and selling it, by making it a misde- 
far as they regulate hours of employment 
meanor to employ certain female bartend- 
of females, conflict with this subchapter 
ers falls 
within 
exclusive 
powers 
of 
and, under U.S.C.A.Const. 
Art. 6, cl. 2, 
states to regulate distribution and sale of 
this subchapter prevails; thus, failure to 
Mquor within their borders, insulated by 
= 
hire or promote fematex, to positions for 
U.8.C.A.Const. 
Amend. 
21 from 
restric. 
which they are otherwise 
qualified, 
on 
tions of U.8.C.A.Connt. Art. 1, § 8 el. 2, 
basis of sex is a violation of this sub- 
and, therefore, cannot be invalidated by 
chapter, despite any provision of Penn- 
this subchapter, assuming a conflict with 
syivania law regulating houra of work of 
same. 
Krauss 
v. Sacramento 
Inn, D.C. 
women. 
Kober 
v. Westinghouse 
Elec, 
Cal.1970, $14 F.Supp. 171. 
2 
Corp., 
D.C.Pa.1971, 
325 F.Supp. 
467, af- 
firmed 480 F.2d 240. 
West's 
Ann.Labor 
Code, 
$3 1250-1253, 
limiting hours of work for women does 
West's Ann.Labor Code, § 1251, against 
not violate this subchapter if there is ra. “t" 
requesting or permitting any female em- 
tional basis dependent upon other factors = 
Ployee te Hft over 50 pounds is not valid 
than sex for treating women differently 
under section 2000e-2 of this title since 
than men. 
Mengelkoch y. Industrial Wel- 
sex 
was 
not 
a bona 
fide occupational 
fare 
Commission, 
D.C.Cal.1968, 
284 
F, 
- 
qualification for weight-lifting restriction 
Supp. 956, appeal dismissed 
89 S.Ct. 0, 
within exception to that section’s general 
9393 U.S. 83, 21 L.Ed.2d 215, rehearing de- 
prohibition against discrimination on the 
nied 89 S.Ct. 443, 393 U.S. 993, 21 L.Ed2d 
basis of sex, and such section 1251 waa 
458, 
‘ 
_ 
invalid under U.8.C.4.Const. Art, 6, cl. 2, 
Local 
246, 
Utility 
Workers 
Union 
of | Enforcement of R.C. $$ 4107.42, 4107.43, 
America, AFL-CIO y. Southern California 
4107.46, 
requiring 
employers 
to provide 
Edison Co., D.C.Cal.1970, 320 F.Supp. 1202, 
seats, lunchroom facilities and meal pert- 
ods for female employees and compelling 
Ark.Stats. § 81-801 forbidding hiring of 
employers to refuxe to employ a female at 
workman for particular Job or under cer- 
specified 
occupations 
or 
in excess 
of 
tain conditions cannot stand in face of ‘specified number of houra against an em- 
section 2000e-2 of this title providing that 
ployer engaged in industry affecting in- 
she must 
be hired for that job or in 
terstate commerce 
who employs 
25 or 
those condition» if she is otherwise quali- 
more employees for each working day in 
fied and wants to do the work. 
Potlatch 
each of 20 or more calendar weeks is in- 
Forests, 
Inc. 
vy. Heys, D.C.Ark.1970, 
318 
consistent with principle of nondiscrimi- 
F.Supp. 1368, affirmed 465 F.2d 1081. 
nation contained in section 2000e-2 of this 
: 
46 
S.H.A. ch. 48, § 5-81, was repugnant to 
title; thus, R.C. §3 4107.42, 4107.43, 4107.. 
this vubchapter and void and of no force 
. 4f€ preempted by virtue of U.S.C.A.Const. 
and effect as to each of the plaintiff em- 
Art. 6 cl. 2, and implementing 
and penal- 
ployers where such section 5-81 required 
tY provisions of H.C. §§ 4107.48, 4107.49 
each employer to discriminate against in- 
®t of no further force and effect. 
Jones 
dividual employees with respect to com- 
Metal Products Co. v. Walker, 1972, 281 
pensation, 
terms, conditions 
and 
privi- 
N-E.2d 1, 29 Ohio St.2d 173. 
ets 
era 
Jeges of employment because of their sex, 
j 
: 
: 
: 
% 
istorii it also oe baa ig iid to 
4 Mandamus 
“To we 
te 
» @egregate 
an 
jassify 
em- 
Ployees 80 as to deprive such employees 
Pia 
leede Ms stip sis Or apegrahey 
of employment opportunities 
because of 
° le He 
10 ea 
ae 
stand--- 
their vex, and where, in addition 
such ae birt See ee hess ee female 
section 5-8.1 set unreasonably low stand- 
workers 
im interpretive and enforcement 
ardyx for employment of women. 
Cater- 
probiem for federsl agencies and not for 
tel eapilnnas Co. ¥. Grabiec, D-CNLO, 
court in 
damus action to compel en- 
EEE 
Seppe deel. 
sge= 7. 
forcement of orders of Industrial Welfare 
West's Ann.Bus. & Prof.Code, § 25656, 
Commission. Rivera y. Division of 1D. 
. 
of Nquor, Bamely, sex of person: 
ix- 265 C.A.2d 576. . ae g209" 
seeag 
dg 
4 
§ 2000e-8. " Investigations © 
stern 
_ 
PUB Le Tab 
et 
a 
toate 
tiem and copying ef evidence related te unla 
% 
S 
aos ‘employment practices 
oy 
aed 
(a) In connection with any investigation of a charge 
filed under 
section 2000e-5 of this title, the Commission or its designated repre- 
894 
-_ 
iy 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO0Q005RO0002 
Ch. 21 
sentative 
poses of 
son beins 
employm: 
the char: 
Coopersti 
ment 
other 
burse 
“(b) T: 
charged 
laws anc 
carrying 
within t 
purpose, 
projects 
the serv 
standing 
ment su: 
sist the 
ance of 
written 
agreeme 
shall ret 
specifie. 
relieve < 
requirer 
scind ar 
ment nc 
subchar 
Executio. 
.., train 
- for. 
10 
@omy 
ic) E 
subject 
evant t. 
tices he 
for suc 
mission 
as reas« 
subchaj 
sion sh 
and joi 
which c 
tain su 
poses c 
plicant 
chrono 
00020002-1 _— 
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4 
UC HEALTH & WELFARE 
nn 
| 
civ. RicHTs 
42 § 2000e-8 
reasonable times have access to, for the pur- 
‘ 
and the right to copy any evidence of any per- 
i. being investigated or proceeded against that relates to unlawful 
Fe sployment practices covered by this subchapter and is relevant to 
ie charge under investigation. 
+ inso- 
ing and sellin 
ee 
| 
hfe 
oyment 
meanor to employ cere te 
ae ers 
falls 
within pi ‘ 
- 
2, 
states to reguiate 
vating! 
- 
lure to 
liquor within thete pair 
ma for 
U.S.C.A.Const. Amend "23 
ed, on 
tions of U.8.CA.Comt aig 
x aut: and, therefore, cannot 
be 
nn- 
this subchapter, anyuming 
= 
soo 
oe of 
same. 
Krauss 
vy. & 
menses 
ec. Cal.1970, 81 
> 
Bers 
cai 
4 F.Supp. stats 
est’s Ann.Labor Coa 
limiting hours of work for 
Gainst 
not violate this subchapter 
‘¢ em- 
Clonal basin dependent upou $iep 
valid 
than sex for treating womes ‘@ = 
Bri stive shall at all 
“os 
of examination, 
administering State fair empley- 
and contribution to research and 
payment 
in advance 
er reim- 
with State and local agencies 
ctices lawn; 
participation in 
Ppeperation 
sgaent pra: 
-oiher projects; 
utilization of services: 
, bursements agreements and reaciasion of agreements 
2 ‘{b) The Commission may cooperate with State and local agencies 
| 
Feharged with the administration of State fair employment practices 
Pani — men. Mengelkoch v. Ing 
laws and, with the consent of such agencies, may, for the purpose of 
fetion: soe Spey Plat isa ae 
Pesrrying out its functions and duties under this subchapter and 
‘eral 
393 U.S. 83, 21 LEa2a sins @ ie 
within the limitation of funds appropriated specifically for such 
by 
ae =e 80 S.Ct. 443, 393 U8. 968, ' 
: 
purpose, engage in and contribute to the cost of research and other 
el. 2. 
: 
2 
me. 
projects of mutual interest undertaken by such agencies, and utilize 
ase 
a of | Enforcement of RC. §§ 4 
m the services of such agencies and their employees, and, notwith- 
i. 
ey etiigy Biting employers .| 
"standing any other provision of law, pay by advance or reimburse- 
ee 
| ods for fale easnlavace bar 
pean: 
ment such agencies and their employees for services rendered to as- 
poe Spent £0 refuse to employ 8 femal 
sist the Commission in carrying out this subchapter. 
In further- 
3 of specified gece aricin. ta. 
ance of such cooperative efforts, the Commission may enter into 
ein 
¢ 
written agreements with such State or local agencies and such 
uall- apc pol rnh 
who empleyal 
agreements may include provisions under which the Commission 
h each of 20 a soe Cader, ies oe 
' 
shall refrain from processing a charge in any cases or class of cases 
edie 
& 
specified in such agreements or under which the Commission shall 
that 
ployer engaged in industry 
effec 
318 
consistent with principle of 
ns in such State or locality from 
susie 
tithe’ isan ae rrp pomp ie 
E relieve any person or class of perso 
r 
Ie 
‘orce 
SF preempted by virtue of U.8.C_AOuaEE 
&. requirements imposed under this section. 
The Commission shall re- 
em- 
Art. 6, cl. 2, and implementing 
and geal 
mx; 
scind any such agreement whenever it. determines that the agree- 
dred 'Y provisions of H.C. §§ 410748 
Rie 
Z 
ment no longer serves the interest of effective enforcement of this 
or. 
‘om. 
Metal Products Co. v. Walker,: 
38% 
rivi- 
N.E.2d 1, 29 Obto S8t.2d 173, 
nex, 
: 
; 
ee 
ere, 
° 
4 Mandamus 
~ 
te 
“ 
Whether this subchapter or section 20m 
¢ 
of Title 20, requires employers te 
ae 
male employees ‘up to minimes 
ee 
ards which 
state 
law fixes ‘fer’ 
ter- 
Workers is interpretive and eaf 
970, problem for federal agenciex and 
court in mandamus action to 
¢ 
are of no further force and effect. aaa0m 
= 
: 
e subchapter. 
- 
na of records; 
reports te Commissions 
riate relief from 
regulation er order 
tiem; 
judicial action te compe! 
a Execution, retention, and preservatioc: 
SS 
trainiag program 
records; 
sapprop 
for undue hardship; 
procedure fer exemp' 
: eompliance 
‘(c) Every employer, 
subject to this subchapter shal 
employment agency, and labor organization 
1 (1) make and keep such records rel- 
evant to the determinations of whether unlawful employment aleve 
tices have been or are being committed, (2) preserve ‘such records 
156, Canaliden: Paiva : Tes — 
for such periods, and (3) make such reports therefrom as the Com- 
Pra se Caen 1908, 71 CaL® 
mission shall prescribe by regulation or order, after public hearing, 
oe 
Ts 
as reasonable, necessary, or appropriate for the enforcement of this 
ders 
subchapter or the regulations or orders thereunder. 
- The Commis- 
sion 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 main- 
tain such records as are reasonably necessary to carry out the pur- 
poses of this subchapter, including, but not limited to, a list of ap- 
plicants who wish to participate in such program, including the 
chronological order in which applications were received, and to fur- 
t 
895 
‘eof evidence related te unlawful 
memt practices; 
—_. -- -;-. “Or ee | 
nvestigation of a charge filed undem, 
Commission or its designated repre-g 
894 
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ERNE 
Rha, 
i 
oteahet 
aed 
eater 
ing 
insane 
nee 
oat 
sine 
ne 
ie 
stra 
2 RRR 
EEL 
ere 
ened: 
2s 
A 
ln 
ntetna 
S08, 
80s 
A 
oe 
ten 
iF 
i: 
ah 
Shei 
tole 
Ll 
red 
A 
ST 
RD 
OL 
Aaa 
42 §2000e-8 
puptic HEALTH & WELFARE 
nish to the Commission upon request, a detailed description of the 
manner in which persons are selected to participate in the appren- 
-- 
ticeship or other training program. 
Any employer, employment 
agency, labor organization, or joint labor-management committee 
which believes that the application to it of any regulation or order. 
issued under this section would 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 de- 
nied, 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 regula- 
— 
tion or order to the employer, employment agency, or labor organiza- 
tion in question would impose an undue hardship, the Commission 
or the court, as the case may be, may grant appropriate relief. 
If 
any person required to comply with the provisions of this subsection 
fails or refuses to do so, the United States district court for the 
district in which such person is found, resides, or transacts busi- 
ness, shall, upon application of the Commission, or the Attorney 
General in a case involving a government, governmental agency or 
political subdivision, have jurisdiction to issue to such person an or- 
der requiring him to comply. 
ee 
: 
Consultation and coordination between Commission and imterested State and 
Federal 
ageneles 
in prescribing recordkeeping 
and reporting require- 
- 
ments; 
availability ef information furnished pursuant to recordkeeplug 
and reporting requirements; conditions on availability 
: 
0 
2 
(d) In prescribing requirements pursuant to subsection (c) of 
this section, the Commission shall consult with other interested 
State and Federal agencies and shall endeavor to coordinate its re- 
quirements with those adopted by such agencies. 
The Commission 
shall furnish upon request and without cost to any State or local 
agency charged with the administration of a fair employment prac- 
tice law information obtained pursuant to subsection (c) of this sec- 
tion from any employer, employment agency, labor organization, or 
joint labor-management committee subject to the jurisdiction of 
such agency. 
Such information shall be furnished on condition that 
it not be made public by the recipient agency prior 
to the institution 
of a proceeding under State or local law involving such information. 
If this condition is violated by a recipient agency, the Commission 
may decline to honor subsequent requests pursuant 
to this subsec- 
tion. 
“TE 
aoa? 
oe 
s 
: 
ze 
see pagent 
Bot 
iO Mgr sic 
zy 
Deut hee Se Geis 
*: 
4 
ore 
“al 
cH 
cro? Prohibited disclosures; penalties 
; 
sateafecun 
i (e) It shall be unlawful for any officer or employee of the Com-— —§ 
mission to make public in any manner whatever any information ob- 
tained by the Commission pursuant 
to its authority under this sec- 
tion prior to the institution of any proceeding under this subchapter 
involving such information.” 
Any officer or employee of the Com- 
mission who shall make public in any manner whatever any infor- 
mation in violation of this subsection shall be guilty of a misde- 
. 
896 
Ch. 
21 2 
; 
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wee 
LSE: 
a “= Gegiee 
ze! _ 
——- 
ew 
aluatlita 
aes 
<a 
Ch. 
21 
meanor an: 
$1,000, or i 
Pub.L. 88- 
92-261, § 6 
1972 Amenc 
92-261 added 
Commission 
- 
to the cost 0: 
undertaken 
| 
and provisio: 
aion to make 
and local at 
for services 
and 
struck 
. 
agreements | 
State and lo 
vate civil act 
this title in s 
Subsec. 
(c 
“Except as | 
this section,’ 
employment 
tion subject 
required the 
to bring an 
only after tt. 
plication for 
provision w' 
sion, or the 
involving & 
a court orde 
the recordk: 
tions set out 
Subsec. (c 
provisions r 
‘Civil Righ 
ee 
‘Production 
omen 
Scart 
agen 
ae 
ae 
Availability 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
[ae 
request, a detailed 
selected to etaied desert 
in: the: 
rogram. 
Any. employer, 7% 
pr joint labor-managemen 
ration to it of any. ‘regulation ge 
me 
Id result i 
in undue hardship Yay 
e United States district co 
are kept. If the _Commissic 
ds that the application ’ 
‘of the or 
ployment agency, or labor 
government, governmental 
n cota 
interested 
«x Wecerdkeeping and reporting’. 
fom furnished pursuant te 
ia on availability 
rg 
ge 
ents pursuant to subsection 
shall consult ‘with -other int 
by such agencies. -.The_ 
without cost to any State‘or 
istration of a fair employment} 
rsuant to subsection (c) of 
ent agency, labor organizatio 
ttee subject to the jurisdicti 
shall be furnished on conditioa 
ipient agency prior. t to 
) the insti 
nsut 
local law involving “such inform 
mat 
a recipient agency, the Com ming 
nt requests purs ant to this st 
Sy ee 
= 
eae 
teen DOE 
<a 
ny officer | or employee of. thet 
Cont 
anner whatever any informatit 
ant to its authority under this pet: 
ny proceeding under this sub 
fPub 
sdiction to issue to auch person cnt 
1 shall endeavor to coordinate fia 
sy 972 Amendment. 
Subsec. (b). 
Pub.L. 
F os-261 added provisions authorizing 
the 
Commission to engage in and contribute 
Sg» the cost of research and other projects 
e gadertaken by State and local agencies 
‘gad provisions authorizing the Commis- 
F sien to make advance payments to State 
Pand local agencies and 
their employees 
for nervices rendered to the Commission, 
and 
struck 
out 
provisions 
relating 
to 
agreements between the Commission and 
State and local agencies prohibiting pri- 
wate civil actions under section 2000e-5 of 
this title in specified cases. 
Subsec. 
(c). 
Pub.L. 92-261 struck out 
“Except as provided in subsection (d) of 
' this section,” preceding “every employer, 
employment agency, and labor organiza- 
tion subject to this subchapter shal! q)”, 
> sequired the party seeking an exemption 
to bring an action in the district court 
ealy after the Commission denied the ap- 
plication for the exemption, and added 
provision which authorized the Commis- 
sion, or the Attorney General in a case 
lavoiving a government, etc., to apply for 
a court order compelling compliance with 
the recordkeeping and reporting oniiaa: 
_ Cons set out in this subsection. 
oo 
**Subsec. 
(da). 
Pub. L. 92~261 substituted 
provisions i aaa consultation and co- 
CIVIL RIGHTS 
42 § 2000e-8 
‘ ~ nor and upon conviction thereof, shall be fined not more than 
i ,000, or imprisoned not more than one year. 
b.L. 88-352, Title VII, § 709, July 2, 1964, 78 Stat. 262; Pub.L 
92-261, § 6, Mar. 24, 1972, 86 Stat. 107. 
Historical Note 
ordination 
between “Federal and 
State 
agencies in prescribing recordkeeping and 
reporting 
requirements 
pursuant 
to 
subsec. (c) of this section, and authoriz- 
ing the Commission to furnish informa- 
tion obtained pursuant to subsec. 
(ce) of 
this section to interested State and Jocal 
agencies, for provisions exempting from 
recordkeeping snd reporting requirements 
employers, ete., required to keep records 
and make reports under State or local 
fair employment practice laws, except for 
the maintenance of notations by such em- 
ployers, etc., which reflect the differences 
in coverage or enforcement between State 
or local laws and the provisions of this 
subchapter, and dispensing with record- 
keeping 
and 
reporting 
requirements 
where the employer reports under some 
Executive Order prescribing fair employ- 
ment practices 
for Government oanee 
tors or subcontractors. 
‘ 
Effective 
Date. 
Section effective July 
2, 1961, see nection 716 of Pub.L. 88-352, 
get out as an Effective Date note under 
section 2000e of this titie 0... 
- Legisintive -History. 
. 
-For 
legislative 
history and purpose of Pub.L. 88-352, see 
1964 U.S8.code Cong. and Adm.News, 
p. 
2355. See,-aluo, Pub.L. 92-261, 1972 U.S. 
Code Cong. and Adm.News, p. 2137. 
--"'--- 
‘Leary, 
References 
Civil Rights €%. 
Co west's Federal Forms 
Proceedings ‘to conipe! discovery, see § 3681 et seq. 
Production of documents, _Fequest, motion and oO 
Code ot F 
Federal Regulations 
acisaics of records, sec 29 CFR 1610.1 et seq., 1611.1 et neq. © 2 
Recordkeeping and reporting requirements, see 2 CFR 1002.1 et as 
: 
Serra of me 
vloree: selection Procedures, 1 see 29 CFR 1607.1 
et sec. go" 
AAT Sone 
Censtitutionality 
1.00.00 
7 
cr 
y 
Censtruction 
2 
Haat 
Costs 
13 
: 
ae 
Defenses 
9 
oe 
Disclosure 
of information i¢ 
ay officer or employee of the Cami] 
in any manner whatever any 
im 
section shall be guilty of a mi 
896 
CIS twit Rights 8 180, “182, 183. 
sm Ul. 
yatataet pummel ao 
: 
Persons entitled te maintain ection » ‘3 = 
Persons within section Bett 
: 
Purpose 
3 
~~ 
~~ 
es 
Standing to sue 7 
os 
Subpeenas, discovery and tnapection val 
897 
” 
| 
A 
! 
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42 §2000e-9 
C HEALTH & WEI Fr 
ae 
. 
ae 
ye ARE 
A 
“CIVIL RIGHTS 
79, 
cldental Lite Ing. 
ad 
7 
" 
| 
Cal.1976, 635 Fea x 
se 
<e eonnection 
with 
investigation 
of 
ment Opportunity Com'n v. U. 8. Fidelity 
wre 
2H7, 432 U8. 5," 83 Kean ave 
Darge 
of unlawful discrimination against 
& Guaranty Co., D.C.Md.1976, 414 F.Supp. 
ent 
Union was subject ; >a 
Dale faculty employees was not such as 
227. 
jose 
ments with 
ject, fp 
a 
- 
Erexcuse compliance with subpoenas as 
Tespect 
te favessiikee 
Bjensome as 100g Aan information Te 
4. Costs 
mno- 
ing to 
lial 
et 
Unlawful ‘emp 
este] 
was 
relevant and 
material. 
les. 
empl 
val 
umes ta aire ee 
on, 
Equal Employment 
‘Os% 
Mapp. 1071. 
Eo 
bis 
ek 
ned 
sion 
v. 
MacMillan 
{ite 
: 
tne 
: 
Ct. 
Ine, CA.Ohio oy ms. 
Commission, in subpoena issued In sup- 
In its investignige=@ 
: 
of proceedings against employer on 
of 
sion is witicn . Tele, "thee 
ecployee's allexation of employment dis- 
to 
etmination 
through 
retaliatory 
refer- 
ines 
was entitled to require production 
ef documents concerning 
sex and race 
Faiecrimination; 
such 
information 
was 
relevant for purpose of showing whether 
M employer 
had 
f- 
party to disclose 
- 
we. 
ix- 
information conesining wy 
one) 
ty oe inetory ’ praction 
78s 
_— 
“ 
e 
ne. 
v. "Equal Em 
FPO 
nto 
e 
Commission, CAN Mines 
! 
: 
7 
= Oe 
an 
Under this subchapter, ths: See 
es 
has a right to obtain any ee 
Person being investigated Pry 
» 
E Qiscrimination 
charge. 
Equal Employ- 
any 
matter 
und 
: 
ee 
er fn 
= ihe Douglas Corp. 
y 
1978, 465-F.Supp, 22. 
8 
“0 STaEs 
12. ——g 
. 
ce 
ubpoenss 
+. 732. 
- 
For the purpose of all h 
h «=—s In. employment 
‘sex dise: 
ae 
pa 
aT 
the Commission or its duly authorized a 
»- 
ceeding 
brought — 
by ‘ 
- 
court properly refused 
r- 
mission investigative 
sab 
"1 coplerer to produce {ts 
eport” where such ‘report 
in Commission's possession.’ 
y Ployment 
Opportunity ,-Coz 
é Packard Elec. Division, ‘Geners 
, 
COFD., C.A.Miss.1978, 
660 F.24 315, 
y 
 Reaxonable cause for ‘findia 
ee 
r 
of this nection need ‘not re ie 
: 
, 
E: 
"161 of Title 29 shall apply. 
> 3972 Amendment. 
Pub.L. 92-261 substi- 
tuted provisions making applicable sec- 
tion 161 of Title 29 to all hearings and 
investigations conducted by the Commis- 
. sion or its authorized agents or agencies, 
for provisions enumerating the investiga- 
- 
tory powers of the Commission and the 
procedure for their enforcement. 
oi 
Effective Date. 
Section effective July 
- 
2, 1964, see section 716 of Pub.L. 88-852, 
before administrative” subpoena 
validly ixsued; 
rather, * 
such investigative aud : Jt ie. feos 
whether reasonable couse" to” Pes 
crimination charge ‘exists. 
“Raq 
Ployment 
Opportunity ** 
Chrysler Corp., C_a.Mo.18 
Prohibition . 
> against. 
Searches 
and selzures , 
Rene te 
Const. Amend. 4, did ;aot :preciedeg 
forcement 
of commission subpes 
recting university to produce 
recert 
Papers, involving personal,” 5 
: 
confidential matters, in 
‘investigation 
aim 
charge of discrimination against abou 
aad 
tee 
ote 
as 
“Civil Righta @=36. ” 
Professor pursuant to > 
= 
4 
= 
: 
section prescribing 
“aiy "atticar ‘SPI 
ervice of process, 
see § 1201 ef sea. - 
1 
th and scope, demand 
“evidence 
18 
-~ 
372,200" 
any information ‘obtained ia { 
tion, 
- Equal Employmest “Oppe 
acm v. University af New 
werque, ‘New -} 
CA 
Sot F24 1296. ees aere 
sale 1Y 
Od 
The cost to university 
of 
eae 
oo subpoena issued by the Cc 
= 
Sa Pa 
Pa 
Costs 
and fees 22 + 
Hee 
Pub.L. 88-852, Title VI, § 710, July 2, 1964, 78 
92-261, § 7, Mar. 24, 1972, 86 Stat. 
Historical Note 
si. 
net out as an Effective Date note 1D 
"Library References 
er 
Eh 
as 
“Administrative subpoenas, enforcement of, see $ 
Contempt proceedings, see § 5651 et seq. 
for secess te. 
Defenses, enforcement proceedings nv. 
901 
Even though thix subchapter did not 
109. 
as 
loyment 
ortunity 
v. Uni- 
fee er raburah, D.C-Pa.102, 4g1 F, 
explicitly provide for awarding of costs 
} 
: 
_ 
‘when United States was prevailing party, 
{nasmuch an it did not prohibit such en 
award, court 
did 
not err 
in awarding 
costs to United States which auecessively 
sued 
atate 
to enforce compliance 
with 
statutes and regulations of Commission 
relating to filing reports furnishing race, 
: 
national origin, and sex of employees in 
. 
i 
various job categories. 
U. 8. v. State of 
ue 
N. H., C.A.N.H.1976, 539 F.2d 277, certio- 
practice 
of retaliating ‘pari denied 97 S.Ct. 641, 429 U.S. 1023, 50 
i tyainst ay person who filed employment -L.Ed.2d €25. 
3 
§ 2000e-9. | Conduct of hearings and investigations pursu- 
ant to section 161 of Title 29. 
—_ 
earings and investigations conducted by 
gents or agencies, section 
Stat. 264; Pub.L. 
Spee ey 
section 2000e of this title. 
Legislative 
History. 
history and purpose of Pub.L. 83-352, wee 
1964 U.8.Code Cong. snd Adm.News, ‘p. 
2355, See, also, Pub.L. 92-261, 1972 U.s. 
Code Cong. and Adm.News, p. 2137. ©.” 
por MIST 
dee 
af 
__ = Breadth 
and scope 13 ~ - 
—— 
oes 
i ahead 
tte 
188. 
.-»- Power ef Commission te issue 12° 
_-21* Setting aside or medifying M -;: 
Departmental 
scope 
of investigat' 
Discovery, 
enforcement 
proceedings 
18 
* For 
legiulative 
ss 
Declassified 
in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO00005R000200020002-1 
der 
wt 
Fe 
Con 
certiorari 
deat 
a 
a 
mation sought, there was 
A 
1 
ai 
Us. 950 eippent 
a 
ot i vindicate that demand for ac- 
court's daxial of Commission's demand 
yuiry, 
0-5. $88, 37 LEd2d wa ys 
ees brought to harass, embarrass. 
thet employer, charged with racial dis- 
Rag 
OF 
eetan 
# 
Pvannee either employer or enforcement 
crimination in employment, produce cer- 
eee 
* 
Order 
: 
* 
and Commission’s action was not 
gin documents was not, defective because 
: 
e in 
< 
ly se 
8. 
is- 
is- 
ay 
ty 
iP. 
di 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO0005R000200020002-1 
U. 
that enforcement 
| Sys- 
Equal Emplo 
a 
333 
css 
Supp. 
sion, D.C.N. at 
reat 
. 
heaployer’s documentary evidence 
losure 
VeTsed in part 
on ethag 
prim - 
her- 
: 
ies Mine.1942, §§ 7411, 7412, "pa 
Em. 
formation 
thus obtained 
<a 
.C, 
Confidential and » 
‘ae? 
ee 
Fa, 
for examination by Commission and 
‘ 
oa 
wo 
or be opened 
to pebiee Tse! 
: 
4 cepinher had not made case of irrepara- 
mission's request me bab apes aha = 
Provided 
penalties for "us 
injury if records were produced and 
was final judgmen Whee Leora Le 
sure. 
Fears v. Burris’ 
where six months had already. elapsed 
ternational Broth. oe legge Employ- 
Miss.1971, 436 F.2d 1357, 7 
; 
Pe siace filing of original charge and public 
cal Union ee Ene calheae ; coiae payin 
by 
Court’s order whi b ieach 
Efaterest wonld best be served bY cuten. ae wn Pod 28, certiorari denied 89 S. 
tra- 
ch 
require 
Fig immediate 
production, 
production 
196%, 
B. 1021, 21 L.Ed.2d 565. 
for 
ployment information ‘ta 
908 
civ RicHTs ]}6 42 § 2000e-10 
Cameron Iron Works, Inc. v. Equal Em- 
nS 
., 
d for access 
ployment Opportunity Commission, D.C. 
Commission's demas 
Tex.1970, $20 F.Supp. 1191. 
ne 
eo 
ee 
eee 
i> 
abuse of procenn,’ 
og de effort to seek information, and 
eae sqbstantial controversy surrounded 
24, Review 
firmed 468 P24 a 
by 
Commission 
from 
trial 
et 
cee 
ee 
rtenn 
ethno 
bt 
batman 
mien 
tiieecont 
seetarenemmmsaane 
ITY 
pfecnded, meritless, frivolous or Vexa- 
the » 
was taken from the memoran- 
= 7 browght attorneys’ fees were 6€- 
gum yates instead 
of the judgment 
-:U, 8. Steel Corp. v. U. 8. D.C.P8. 
where the provisions of the order incor- 
$85 F.Supp. 346. 
, 
porated In the opinion had the same de- 
<a 
gree of finality as provisions of the or- 
Bae. 
Stay of production pending (Spee) 
der. 
Joslin Dry Goods Co. v. Equal Em- 
Pwnere court was convinced 
that €M- 
nigyment Opportunity Commission, CA. 
ver could not prevail in any appeal oo)0.1973, 
483 F.20 178. 
Se 
eae 
pe 
ee ext 
ore OT 
co ails ead 
Yistrict Court’s setting aside of Com- 
isle, 
doe 
ae 
alate: 
stat 
at, 
Maks 
test 
gilt 
‘ a nn
ced 
MIT Be 
Caaleediatad 
enamel 
. 
tsclose the contents 4¢ % 
ords, notwithstanding 
sissippi Employment 
See 
to supply Commission -t 
would 
not 
be stayed 
pending appeal. 
Ct. 628, 
303 U. 
employees at plant where 
and which was limited ta 
Od and nonsupervisory 
5 
overly 
broad. 
Georgia 
Equal Employment Oppe 
sion, C.A.Ga.1960, 412 P.2a 462.7 
Whether motion of Cou; 
der requiring compliance 
wit 
for access to evidence ts te 
depends upon the showing Meda 
district court by the Commis 
nite Transp. Co."v,Equal 
“3 
Opportunity Commissi 
AG 
§ 2000e-10. 
Posting of notices; penalties 
3 . 
loyer, employment agency, and labor organiza on, 
ce at 
aay be 
ahell oat and keep posted in conspicuous places 
= upon its premises where notices to employees, applicants el el 
Eployment, and members are customarily posted a notice to 
be pre 
pared or approved by the Commission setting forth excerpts iy 
ummaries of, the pertinent provisions of this subchapter and infor- 
~mation pertinent to the filing of a complaint. 
ay 
aaa 
~ (b) A willful violation of this section shall be punishable by 
‘fine of not more than $100 for each separate offense. 
pete 
=~ Pub.L. 88-352, Title VII, § 711, July 2, 1964, 78 Stat. 265... -..- ae 
had with the Commission ‘andl 
: 
ee 
Hest 
nee 
figs 
the Commission was sot 
“eatit 
> 
- Historical Note.) 
*25-25 
- 
as 
bases —- enforcement “of ‘aoe - 
lective 
Date. 
Secti 
ve Jul 
Legislative 
History. 
For 
legislative 
sen 
biting airtirgl 
re 
se section T18 of Punk. #8-352, history and purpose of Pub.L. 88-352, see 
to produce evidence to be seed 8s 
Sagi etay 
Date note under 
1964 U.8.Code Cong. ‘and Adm.News, p. 
the Commission's investigation 
of 
eet out as an Effective 
Da 
: 
ee 
Ployee's charge. 
Equal Empleywaat 
Sar 
Portunity Commission v. Bi-State 
Baga 
ee 
a 
Private 
settlement 
2 
complaining of employment 
end employer rendered tesves 
any pending charge employea'ss 
section 2000e of this title..-+ 
2.546. avi) = MBB 
‘ 
. 
ey 
: 
iS Geexe 
ee 
bey 
opment Agency, D.C.Mo.1900, "000 Voaam 
Doo. 
iste eeeleet: Library References 
-- 
Bey 
B17 
Fee 
73 2 
see 
na 
et 
ts 
4 
pa 
eat 
ae 
“8 
CISA 
aaa 
=< 
_ 
Civil Rights €=0.10, 14. 
mc 
eit 
tae 
amd 
re 
: 
e 
Ser 
rip 
Weie 
fo) 
oe 
ant 
“HST 
: 
* 
STS 
ie 
~- 
mee 
gat, 
Ry. 
ie 
ang 
“wee ae a 
Sit 
eae ot 
Federal Regulation 
eal 
Where 
thie subchapter 
te 
Laete ed let 
fos 
- 
- 
a2 
civil or criminal penalties fer 
Notices to be posted, 
see 29.CFR 2001-20. 
: 
ash. 
noncompilance with reporting 
a 
eee 
ean 
as 
tee 
- 
Dos 
Loa TD 
ce 
at 
it, 
of wection 2000-8 of this tithe, inj 
eT 
Te SE" Noes of Decisions 
| 
feet 
rory 
was only effective remedy for ea) 
on 
aka 
oa 
a 
: it is sot required to 
refusal to obey law. 
- Kqual Ex playa, 
; 
. 
posting of notices; 
: 
Opportunity Commission v. Rogers Brey 
Ine., C.A.Tex.1972, 470 F.2d 905. 20.233 
LsGenerally 
 _ 
: 
This 
subchapter does not require union 
rua 
‘ 
to ake oat erhrmative action other than 
group discriminated against prior to ef 
909 
ne 
he 
@ 
-—% 
a 
ET 
EEN 
anitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 mamar 
Declassified in Part - | 
” Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 
EN 
ORa 
ts 
pat 
eee 
hes 
eh 
ced 
alaiiee 
satel. 
ee 
ec 
a 
rt 
rs 
erin 
fective date of law: 
it is not required to 
seek out individuals in that group who 
may be competent for referral; 
por iw it 
required to reek out individuals who may 
§ 2000e-11. 
Veterans’ special rights or preference 
ae 
Nothing contained in this subchapter shall be construed to repeal 
or modify any Federal, State, territorial, or local law creating spe- 
cial rights or preference for veterans. 
Sag 
42 § 2000e- 10 PUBLIC HEALTH & WELFARE 
Ch. 21 
hecome 
competent 
to become 
members, 
Dobbins v. Intern. Broth. of Elec. Work- 
ern, AFL-CIO, D.C.Ohio 1968, 292 F.Supp. 
43. 
ee 
odes 
oe 
Pub.L. 88-352, Title VII, § 712, J uly 2, 1964, 78 Stat. 265. 
Historical Note 
Effective 
Date. 
Section effective July 
2, 1964, see section 716 of Pub.L. §8-222, 
set out as an Effective Date note under 
section 2000e of this title, 
Legisiative 
History. 
For 
legislative 
history and purpose of Pub.L. 88-352, see 
1964 U.S.Code 
Cong. and Adm.News, _p. 
2355. 
= 
. 
Library References 
: 
MEY 
21 
Dstt 
Armed Services €=9101. 
Civil Rights @=2, 
Notes of 
Agency action 
2 
Scope of section 
1 
L._ Scope of section 
‘ 
(24 
Plaintiffs in civil rights action under 
this subchapter were precluded from at- 
tacking veterans’ 
preference 
in view 
of 
Provision in this section 
that it should 
Rot be construed to repeal or modify fed-_ 
eral, state, or local laws creating special 
Tights or preferences for veterans. 
Bap- 
nerman v. Department of Youth Authori- 
ty, D.C.Cal.1977, 
436 F.Supp. 1273. 
= *°- 
2 Agency action 
: 
BE 
ses 
While the administrator of the Veter- 
ane Administration claimed that this sub- 
§ 2000e-12. “Regulations; coatormity of regulations with 
C.J.8. Armed Services §$ 251, 284 to 287. 
C.3.8. Civil Rights §g 2, 4 et seq., 17, 
198. 
Decisions 
a 
ci 
£ 
to 
: 
Enaiay 
pas 
: 
oh 
Sy Nek? 
chapter was inapplicable to his policy of 
only submitting names 
of veterans 
for 
appointment ay members of the Board of 
“Veterans 
Appeals 
since 
this 
subchapter 
applies only to agencies and he was act- 
. 
ing pursuant to Presidential, not agency, 
’ 
Policy, 
“the 
unsettled 
nature 
‘of J ‘the 
claimed ‘:- 
presidential 
‘directives ~/under 
‘which the administrator acted ‘was appar- 
ent, and his actions in appointing Board 
members therefore had to be viewed on 
. the merits as agency action without re- 
ward to the so-called presidential policy. 
~ 
Krenzer 
vy. 
Ford, 
D.C.D.C.1977, 
429 
F. 
- Supp. 499, 
: 
boty 
Syesed 
ge 
eee 
eek 
Ph 
eyerrate 
ote 
ae 
administrative procedure provisions; ‘reli- 
(a) 
ance on interpretations and instructions of 
- 
oH ad. Commission. <— 
_ 
8 Soom elias piste tie 
The Commission shall have authority from time to time to is- 
sue, amend, or rescind suitable procedural regulations to carry out - 
so 
the provisions of this subchapter. “Regulations issued under ‘this 
section shall be in conformity with the standards and limitations of 
subchapter 
II of chapter 5 of Title 5... 
Moet 
e 
a 
(b) In any action or proceding based on any alleged unlawful em- 
ployment practice, no person shall be subject to any liability or pun- 
910 
thm 
tae, 
a 
dope 
teendisa 
bobble 
Ch. 21 
ishmer 
an un. 
issued 
tion. 
procee 
such i 
mined 
(B) a 
such 5 
beine 
Pub.L. 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
fi 
civ, RIGHTS 46 42. § 2000e- 12 
> 
nent for or on account of (1) the commission by such person of 
it erx, AFL-CIO, D.C.Ohte saan 
~ ynlawful employment practice if he pleads and proves that the 
ay 4 
- 
Et or omission complained of was in good faith, in conformity with, 
ind in reliance on any written interpretation or opinion of the Com- 
Fission, or (2) the failure of such person to publish and file any in- 
‘formation required by any provision of this subchapter if he pleads 
Fond proves that he failed to publish and file such information in 
Yood faith, in conformity with the instructions of the Commission 
Pissued under this subchapter regarding the filing of such informa- 
Piion. Such a defense, if established, shall be a bar to the action or 
proceeding, notwithstanding that (A) after such act or omission, 
such interpretation or opinion is modified or rescinded or is deter- 
F mined by judicial authority to be invalid or of no legal effect, or 
¢(B) after publishing or filing the description and annual reports, 
Fsuch publication or filing is determined by judicial authority not to 
be in conformity with the requirements of this subchapter. 
; Pub.L. 88-352, Title VU, § 713, July 2, 1964, 78 Stat. 265. 
to hecome 
competent 
* 
ho 
Dobbins y. inten: a : 
' special rights 
or preferese 
whapter shall be cons rued 
erritorial, or local law 
Jerans. 
. wee 
uly 2, 1964, 78 Stat. 265. 
er 
1964 U.S.Code Cong. 
- 
2355. 
oe and 
‘References = ..- 
C.8. Armed Services 
fi 3 
as Civil Rights §§ 
E. 
Historical Note 
. 
oh 
Aa 
. 
2 
Cedification. 
“Subchapter II of chapter 
set out as an Effective Date note under 
” 
1 
§ of Title 5” was gubstituted 
for “the 
section 2000e of this title. 
Administrative Procedure Act” in subsec. 
3) on authority of section 7(b) of Pub. 
Legisiative 
History. 
For 
legislative 
“L. 89-354, Sept. 6, 1966, 80 Stat. 631, sec- 
history and purpose of Pud.L. 88-352, see 
on 1 of which enacted Title 5, Govern- 
306s U.S.Code Cong. 
and Adm.News, 
Pp. 
_ment Organization end Employees. 
23%. 
: 
Effective Date. 
Section effective July 
2 1964, see section 726 of Pub.L. 88-352, 
| 
of Decisions 
: 
a 
eadne: 
chapter was inapplicable te 
: 
only submitting names of. veten 
ory 
appointment as members “of ‘the’! 
r- 
Veterans Appeals since ‘this Seu 
of pplies only to agencies and, 
hep 
a ‘ng pursuant to presidential, + 
3. 
Library References 
~ - 
administrative 
Law 
and 
Procedure 
. C.J.8. Public Administrative Bodies and 
in 
... 
Procedure § 92. 
1. 
Policy, 
the 
unsettled “tuat 
al 
Claimed 
presidential “directives 
: 
bcp 
iste 
i 
an 
Te awl the ade leieteator 
=e 
Civil Rights €=31. 
+) 
QB. Civil Rights $§ 178, 185. 
i- 
ent, and his actions in appotath a 
A 
: 
; 
_ 
nee therefore had to be: 
: 
= 
: 
Code of Federal Regulations 
acta ce ie as agency action 
=: 
Affirmative action guidelines, see 29 CFR 1608.1 et seq. 
a 
. 
e s0-called presideati 
Z~. 
Interpretations and opiniona, see 20 CFR 1601.31 to 1601383... 
Aer 
" Sunshine Act provisions, compliance, see 29 CFR 1612.1 et seq... 
_...- 
eee v. 
Ford, 
D.C.D. 
- 
Supp. 
490. 
© 
ye 
ic 
& 
: 
3, 
7 
a Ph atte, 
itd 
__ 
Notes of Decisions 
" Amendment of pleadings 
7 
- 
“+o 
0° 
iines are not entitied to “consideration in 
us; conformity of 3 
. 
«Na 
aog” 
Said 
_ Disquallfiestion of member 6 Hact-7..”” 
-@etermining legislative intent, but it does 
pats procedure provision: 
_ Guidelines 
1 
Mp 
so Cem 
that courts properly may accord 
terpre’ 
en 
tpn 
tie 
_Anjanctions 
8 
_ 
U7 
os" 
Tess weight to such guidelines than to 
*P tations and instruc a 
"Interpretations 
er opinions 2 
** |” =: ~cadministrative 
regulations 
which 
Con- 
sion 
at gt 
~_Ldability er punishment 4 “tS” 
gress bas declared shall have force of 
: 
thori 
naire 
ae 
Regulations 
S$ 
= 
"= 
nee 
“8 ai 13 7- -- Jaw, -or to regulations which ander ena- 
e authority from time to time 2aa% 
Rulings 
5 
ne 
bling statute may themselves supply ba- 
roced 
i 
. 
earre 
ae 
Ne 
ag. ae 
: 
_ 
"io 
lese-" gig for imposition of liability. 
General 
si nee a 
ae ae 
PoE 
LL 
Bless Co, ¥. Gilbert, Va.l976, 97 BCL. An, 
gulations 
issued 
Uneel a 
ae 
eRe 
a 
een ee 
429 U.S. 125, 60 L.Ed.2d 343, rehearing de- 
ay 
Saleen 
. 
nied 97 S.Ct. 825, 429 U.S. 1079, 50 L.Ed. 
- Fact that Congress, 
in enacting this 
20 709. 
: 
subchapter, did not confer upon the Com- 
‘ 
‘mission authority to promulgate rules or 
regulations pursuant to this subchapter 
does not mean that Commission guide- 
911 
ith the standards and limitations 
de 5. 
esse ®. 
tim 
: based on any alleged unlawfal@ 
Hl be subject to any liability or 
310 
- 
then 
gs 
m@ Declassified in Part - Sanitized Co 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
Although Commission 
guidelines 
for 
employers seeking to determine, through 
professional 
validation 
studies, 
whether 
mas 
= 
é 
a  _arnemiceiadneied 
py Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
42 §2000e-13 
pusiic HEALTH & WELFARE 
Seam 
(Ch. 21 
§ 2000e-13. 
= 
3 ties, togethe 
trative chan 
purposes of 
> 
Pub.L. 88-3 
18 
: 
= 
92-261, § 1C 
3 
3 
. 
21, 19° 
The provisions of sections 
ot- = 
E~ 
Apt et 
‘i 
19807, 92 St. 
ficers, agents, and emp 
2 
of their official duties. 
provisions of sections 2 
111 and 1114 of Title 18, whoever in violation of the provisions of* 
section 1114 of such title kills a person while engaged in or on ac- 
= 
See che tak 
? 
“ished the Equ: 
count of the performance of his official functions under this Act 
ty Coordinatia: 
shall be punished by imprisonment for any term of years or for dif s 
’ . she ane 
Pub.L. 88-352, Title VII, § 
714, July 2, 1964, 78 Stat. 265 ; P 
atoms the ater 
261, § 8(g), Mar. 24, 1972, 86 Stat. 110. 
of the United 
mission, and tt 
oa 
States Civil Ri 
Historical Note 
: 
respective deleg 
of the abolitic 
References 
in Text. 
“This 
Act”, 
re- 
ferred 
to in text, means Pub.L. 88-352, 
ment 
Opportur 
and the transf 
July 2, 1964, 78 Stat. 241, known en the 
Civil Rights Act of 1964, which in ciassi- _ Effective Date. 
Section effective ‘July 
ree pe 
fled principally to subchapters 11 to IX °% 1964, see section 716 of PubL. 88-352, 
FR. 19907, 92 © 
of this chapter (section 2000, et neq.), 
€t out as an Effective Date note under 
y 
under section 2 
For complete classification of this Act to 
%*ctlon 2000e of this title. 
; 
- gk pers 
the Code, see Short Title note set out un- 
_ 
Logisiative 
History. 
For ‘legislative 
; 
196 eseecraee 
der section 2000a of this title and Tables 
history and purpose of Pub.L. 88-252, see 
‘ 
tuted coe 
volume. 
a 
1964 U.8.Code Cong. and Adm.Newsa, ->. 
a 
- 
1972 Amendm 
1972 Amendment. 
Pub.L. 92~261 added 
2355. 
See, alwo, Pub.L. 92-261, 1972 U. 
tuted provisior 
provisions which made section 1114 of Ti- 
Code Cong. and Adm.News, p. 2137. 
Equal Employ: 
tie 18 applicable to officers, etc, of the 
ee 
Mi 
erliedeatg. 
yo fas 
nating Council 
Ae 
coe 
' 
oe 
taiag 
! 
tion, power £ 
Code of Federal Regulations ue Jai 
Pe? 
2 
8 
for prods ons 
ub.L. 92- 
Commission and set forth punishment 
for & 
violation of such section 1114. 
ret 
Indictment, see § 7102. 
‘a 
Sentence and fine, see § 7531 et seq. 
. 
Bone 
aah 
ee 
Civil Bights 
§ 2000e-14. 
Coordination of efforts and elimination ; 
Bo 
tet . 
7 
oe 
_ competition among Federal departments, : 
agencies, etc. in implementation 
and 
-. forcement of equal employment opporta- 
Be 
,.and 
policies; 
| 
Fe- 
ee 
ae 
Congress ., 
an". 
_ The Equal Empio 
mmission shall hav th 
Me 
-wyspresi 
responsibility for developing and implementing agreements, policies 
a 
Eee eerie 
and practices designed to maximize effort, promote efficiency,-and 
one ae 
eliminate conflict, ‘competition, duplication and inconsistency among ; 
= 
Se ai 
the operations, functions and jurisdictions 
of the various depart- 
a 
come visio: 
ments, agencies and branches of the Federal Government responsi- 
== 
: 
aie the f 
ble for the implementation and enforcement of equal employment 
- 
: 
al ree < 
opportunity legislation, orders, and policies. On or before October 1 
a a : one 
of each year, the Equal Employment Opportunity Commission shall 
ie Ae pe 
transmit to the President and to the Congress a report of its activi- 
: 
0 
e 
: 
916 
Pe 
perenesernpararensraiy 
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ag the 
pro 
iolation ‘of thew 
1 while engaredae 
al functions ‘une 
any term’ of Bake 
964, 78 Stat: 265 
ame 
+) 20) yegaM 
5 
¥ and purpose’ 
J.8.Code Cong: net 
‘Bee, aluo,:Pub.1.- 
9. 
Song. and Adm.News, 
fae 
Commission ‘Shallyaae 
nenting agreementeye 
ort, promote efficiemee 
on and incon sistency 
yo 
ons of the various @6 
deral Governmen 
ment of equal empleyyam 
portunity Commission 3" 
gress a report of its BEteee 
| Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 
ies. On or before Octoo@ias 
m-- of the President’s Committee on Equal Employment Opportunity,. 
civi. RiGHTs 
©4042 -§ 2000e-15 
together with such recommendations for legislative or adminis- 
Biive changes as it concludes are desirable to further promote the 
roses of this section. 
“1, 
98-852, Title VII, § 715, July 2, 1964, 78 Stat. 265; Pub.L. 
61, § 10, Mar. 24, 1972, 86 Stat. 111; Pub.L. 94-273, § 8(24), 
“21, 1976, 90 Stat. 377; 1978 Reorg. Plan No. 1, § 6, 43 F.R. 
Res07, 92 Stat. 3782. 
, 
Historical Note 
‘Codification. 
Provisions which 
estab- 
tary of Labor to make a report to. the 
4 the Equal Employment Opportuni- 
Congress 
not 
later 
than June 
30, 1965 
os Coordinating Council composed of the 
concerning discrimination in employment 
ry of Labor, the Chairman of the 
because of age. 
r 
Tag pidenay nema 
none 
Bubmission ef Specific Legislative Bec- 
oft the United States Civil Service Com- 
ommendations te Congress by January 1 
mission, and the Chairman of the United 
1967, to Implement Report en Age Dis- 
States Civil Rights Commission, or their pagar Pub.L. 89-601, Title Vi, § 
fespective delegates, were omitted in view ee malas 23, 1066, 90 Stat. agree 
‘ef the abolition of the Equal Employ- 
the 
Secretary of Labor to submit to the 
Peat Opportunity 
Coordinating Council 
Congress not later than January 
1, 1967 
Sand the transfer of its functions to the 
his specific 
legislative recommendations 
 Bonal Employment Opportunity Commis- 
for 
implementing 
the 
conclusions 
and 
gion by Reorg.Plan No. 1 of 1978, 4 6, 43 
recommendations contained in his report 
HP 
R. 19007, 92 Stat. 3782, set out a8 a note 
on 
age 
discrimination 
in 
employment 
P sader section 2000e~4 of this title. 
made pursuant to provisions of this sec- 
u: 
tion prior to its amendment in 1972. 
- 
F< 
3916 Amendment. 
Pub.L. 94-273 substi- 
: 
tuted “October” for “July”. 
. 
Legislative 
History. 
For 
legislative 
= 
; 
hintory and purpose of Pub.L. 88-352, nee 
- 
F- g978 Amendment. 
Pub.L. 92-261 substi- 
- 4964 U.8.Code- Cong. and Adm.News, 
p. 
tuted 
provisions 
which 
established 
the 
9955, 
See, alxo, Pub.L. 92-261, 172 C.S. 
e Equal Employment Opportunity Coordi- 
Code 
Cong... and 
Adm.News, 
p.- 2137; 
Re pating Council and set forth the composi- 
Pyb.L. 81-273, 
1976 U.S.Code Cong. and 
ey , tion, powers, and duties of the Council 
adm.News, p. 600. 
for provisions which directed the Secre- 
 - 
dn 
cent ® Ie 
: 
Library References 
8. 
|... 
; 
: 
_ G..8. Civil Rights §§ 178, 185. 
ioe 
; 
Code of Federal Regulations 
; 
5 
oSoes 
ee 
‘ 
cy coordination procedures, 
see 29 CFR 1690.101 et peqe he 
ae 
* 
Fe = Civil Rights @=31. 
+ 
oa ee 
eh ee 
eee 
NS 
: 
ia 
§ 2000e-15. . Presidential conferences; sequaintance of 
“ere 
2. 
>> 
leadership with provisions 
for employment 
w 
|"* *P ght amd obligations; 
‘plans for fair ad- 
~ 
na 
he te 
ministration; membership - eee 
The President shall, as soon as feasible after July 
2, 1964, convene 
one or more conferences for the purpose 
of enabling the leaders of 
groups whose members will be ‘affected by this “subchapter to be- 
f; come familiar with the rights afforded and obligations imposed by 
=: its provisions, and for ‘the purposé 
of making plans which will re- 
e" sult in the fair and effective administration 
of this subchapter when 
FE” all of its provisions become effective. The President shall invite the 
participation in such conference or conferences of (1) the members 
917 
‘ 
- 
ntti meee celal 
goes 
cee 
TI Ee 
a 
aa : 
: 
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---- -- 
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3 
civ. RIGHTs ]}46. 
42._:« § 2000e-16 
ate remedies, including reinstatement or hiring of employees with 
without back pay, as will effectuate the policies of this section, 
x, shall issue such rules, regulations, orders and instructions as it 
ss necessary and appropriate to carry out its responsibilities un- 
) 
Er.this section. 
. The Equal Employment Opportunity Commission 
pter. BEES, ke 
- 
sall— 
7 
, 
Sate 
‘ 
1964, 
78 Stat’ Saue 
ei; (1) be responsible for the annual review and approval of a 
Fa 
eee 
ad 
een 
ee 
‘national and regional equal employment opportunity plan which 
each department and agency and each appropriate unit referred 
me 
to in subsection (a) of this section shall submit in order to 
&° maintain an affirmative program of equal employment opportu- 
M 
- nity for all such employees and applicants for employment; 
(2) be responsible for the review and evaluation of the oper- 
ation of all agency equal employment opportunity programs, pe- 
riodically obtaining and publishing (on at least a semiannual 
basis) progress reports from each such department, agency, or 
unit; and 
ae 
(3) consult with and solicit the recommendations of interest- 
ed individuals, groups, and organizations relating to equal em- 
zs 
" ployment opportunity. 
: 
4 
: 
= The head of each such department, agency, or unit shall comply 
= with such rules, regulations, orders, and instructions which shall in- 
m-clude a provision that an employee ‘or applicant for employment — 
f ‘shall be notified of any final action taken on any complaint of dis- 
; crimination filed by him thereunder. 
The plan submitted by each 
E department, agency, and unit shall include, but not be limited to— 
(1) provision for the establishment of training and education 
“programs designed to provide a maximum opportunity for em- 
ployees to advance so as to perform at their highest potential ; 
and 
s 
: 
re 
Jon 2000d-1 of this SHEE 
a ae 
s 
wad 
pmployees . 
leat 
hs employed outsidetam 
ments as defined 3% 
as defined 
in section 
ied tiari "Staten - 
(2) a description of the qualifications in terms of training 
. 
eT eS 
‘’ 
and experience relating to equal employment opportunity for 
ng positions in the ase 
z ,..., the principal and operating officiala of each such department, 
he legislative 
ands ase 
rex 
Agency, Or unit responsible for carrying out the equal employ- 
ing positions 
: 
“ment opportunity program ,and of the allocation of personnel 
ngress 
shall 
be: 
a 
c<.. 
and resources proposed by such department, agency, or unit to 
color, religion, sex@e 
‘carry out its equal employment opportunity program. = oe 
i ya} Syonesy Tee 
anit 
caine oe applicant fer ‘employment for redress ef ... ; 
a8 time fer bringing of action; head of department, 5 1:..- 3s 
se Re ir ena 
a ome 6 abt 28 SORRRNA, Seog eto 
es (c) Within thirty days of receipt of notice of final action taken 
a by a department, agency, or anit referred to in subsection (a) of 
eS this section, or by the Equal Employment Opportunity Commission 
_ 
Upon an appeal from a decision or order of such department, agen- 
: 
919 
STAT 
ni 
ahall be éxereisad by the Librarian of Congress. 2°, ‘oo 
hall have authority -toom 
his section through &9% ra 
$3 
a 
- 
od 
ee ae 
Sa 
or 
. 
- 
wage 
: 
TO 
tee nee 
eee 
eae 
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for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 
-~--~ 
vet 
eile 
ial 
as 
Wi 
adi 
inde 
itn 
32, 
crisis 
Serre 
OWT 
IRE 
Ee 
8 
wane 
meet 
«meres 
wna 
a NIL 
Agen 
ES 
RTT 
ETS 
| § 2000e- 16. navi by Federal Government _ 
mm 
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{ry 
ADRK 
42 §2000e-15 
puptic HEALTH & WELFARE 
(2) the members of the Commission on Civil Rights, (3) represen. 
tatives of State and local agencies engaged in furthering equal em. 
ployment opportunity, (4) representatives of private agencies en, 
gaged in furthering equal employment opportunity, and (5) repr 
= 
sentatives of employers, labor organizations, and employment agen- : 
cies who will be subject to this subchapter. 
Pub.L. 88-362, Title VII, § 716(c), July 2, 1964, 78 Stat. 266. 
Historical Note 
Effective Date. 
Section effective July 
Legislative 
History. 
For 
legislative “pat: 
2, 1964, see section 716 of Pub.L. 88-352, 
history and purpose of Pub.L. 88-352, see R209 
set out as an Effective Date note under 
1964 U.S.Code Cong. and Adm.News, ‘p. “ate 
section 2000e of this title. 
2355, 
5 
a 
EXECUTIVE ORDER NO. 11197 
Ex.Ord.No.11187, 
Feb. 5, 1965, 30 F.R. 
was revoked by Ex.Ord.No.11247, Sept. 2¢, 
1721, formerly 
set out as 
a note under 
1965, 30 F.R. 12327, set out as a note un- 
- 
: 
this section, which established the Presi- 
der section 2000d-1 of this title. 
“ 
dent’s 
Council 
on 
Equal 
Oppportunity, 
Library References 
Civil Rights €=>31. 
C.S.8. Civil Rights $§ 178, 185. 
~ 
Discriminatory practices prohibited; employees or applicants 
for employment subject to coverage 
—. 
reseer 
(a) All personnel actions affecting employees or applicants for 
employment (except with regard to aliens employed outside the lim- 
its of the United States) in military departments as defined in sec- 
tion 102 of Title 5, in executive agencies as defined in section 105 of 
| 
Title & (including employees and applicants for employment who are 
paid from nonappropriated funds), in the United States Postal 
Service and the Postal Rate Commission, in those units of the Go 
ernment of the District of Columbia having positions in the competi- 
‘tive service,-and in those units of the legislative and judici: 
branches of the Federal Government having: positions in the compet- 
itive 
service, and_in the Library 
of 
Congress shall 
be made frée 
from any 
discrimination based on race, calor, véligion, sex, or na- 
tional origin. 
: 
BP 
ah See 
: 
abe 
eee ie ae rd 
MeO 
TTASS 
watt 
ca eR ee 
“Daa 
Enforcement 
powers ‘of Commission; - issusaece 
ef rules, regulations, 
ete.) 
:- ; ammual review and appreval ef national and regional equal employment. 
‘ @ppertunity plans; review and evaluation of equal employment opportunity - 
pregrams and publication ef pregreas reperts; 
ceusuitations with tiater- 
~ ested parties; 
compliance with rules, reguintions, ete.; contents of ma- 
; onal and regional equal employment opportunity pinms; 
autherity ef 
~~ s 3! 
: Librarian ef Congress oy * Tee ua 
ae 
BEN 
eR ACELE 
When 
ONS 
8S 9g 
+ 
H 
(b) Except as otherwise provided in this subsection, the Equal 
= 
Employment Opportunity Commission shall have authority to en- 
i. 
force the provisions of subsection (a) of this section through appro- 
s 
918 
manes
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~ Saks 
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epee 
vets 
hie 
<ALL 
ta 
20! 
AMMONIA 
re 
rte 
men 
4 
Declassified in Part - Sanitized C opy Approved for 
Sica ins veneetae 
STAT 
cy, or unit on a complaint of discrimination based on race, colo 
ligion, sex or national origin, brought pursuant to subsection (a 
this section, Executive Order 11478 or any succeeding Executive ; 
ders, or after one hundred and eighty days from the filing of the in: 
itial charge with the department, agency, or unit or with the Equal 
J 
Employment Opportunity Commission on appeal from a decision or wee : 
order of such department, agency, or unit until such time as final on 
action may be taken by a department, agency, or unit, an employee % 
or applicant for employment, if aggrieved by the final disposition of ; 
his complaint, or -by the failure to take final action on his com-. 
plaint, may file a civil action as provided in section 2000e—5 of this 
title, in which civil action the head of the department, agency, 
unit, as appropriate, shall be the defendant. 
Se 
a. 
Section 2000e-5 (f) through (k) of this title applicable to civil aioe 
(d) The provisions of section 2000e-5(f) through (k) of ‘this title, E 
as applicable, shall govern civil actions brought hereunder. 
~~ 
\Government 
agency 
er 
oefficial 
not 
relieved 
ef 
Fesponsibility 
to 
assure 
\ 
Bondiscrimination in employment or equal employment @pportunity. 
-.: 
\(e) Nothing contained in this Act shall relieve any Governme 
agency or official of its or his primary responsibility 
to assure no 
discrimination in employment as required by the Constitution and 
statutes or of its or his responsibilities under Executive Order 11478 
relating to equal. employment opportunity in the Federal Gove 
ment. 
soothes. ae : 
Tosser 
ip 
ee 
ce 
: 
Pub.L. 88~352, Title VU, § 717, as added Pub.L- 92-261, § - 
24, 1972, 86 Stat. 111, and amended 1978 Reorg.Pla 
Jan. 1, 1979, 43 F.R. 19807,.92 Stat. 
3781: 
L. 9¢ 
Feb. 15, 1980, 94 Stat. 34 
ae 
we, 
_| Meterences fa Text. “This 
ferred to in ‘subsec. ‘(e), 
» July 2, 1964, 
1, 1979, 
255 
this ‘as ‘provided 
*by “section” 1-101 
of Ex.Ord. 
ae *No.12106, ‘Dec. 
‘28, -1978, “44 F.R. 1053, “net 
“1900 Ammondmest. 
” Subse: ie 
“s‘out a8 a smote sunder-‘section 2000e-4 
of 
br. 
= 
3 
i 
the.s. 
a) .: 
Jo; 
mt 
96-191 struck out “(other than the’ 
Gener. U8 ae 
ake dele 
5 Pena hdeats tw 
- 
rtunity.. 
rized 
crutine eneine Office)” 
following “tn 
delegate to the Civil Service Commission 
“preliminary determination on the issue of 
_ discrimination whenever, as 9 part of @ 
complaint’ or 
appeal 
before 
the Civil 
Service Commiaston on other grounds, s 
~ 920 
Or its auccesaor 
the function of making a 
i 
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¥