TITLE 42 - THE PUBLIC
HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
42 U.S.C. Section
2000e-5. Enforcement provisions
(a) Power of Commission
to prevent unlawful employment practices
The Commission is empowered, as hereinafter provided, to
prevent
any person from engaging in any unlawful employment practice
as set
forth in section 2000e-2 or 2000e-3 of this title.
(b) Charges by persons
aggrieved or member of Commission of
unlawful employment practices by employers, etc.; filing;
allegations; notice to respondent; contents of notice;
investigation by Commission; contents of charges;
prohibition on
disclosure of charges; determination of reasonable cause;
conference, conciliation, and persuasion for elimination of
unlawful practices; prohibition on disclosure of informal
endeavors to end unlawful practices; use of evidence in
subsequent proceedings; penalties for disclosure of
information;
time for determination of reasonable cause
Whenever a charge is filed by or on behalf of a person
claiming
to be aggrieved, or by a member of the Commission, alleging
that an
employer, employment agency, labor organization, or joint
labor-management committee controlling apprenticeship or
other
training or retraining, including on-the-job training
programs, has
engaged in an unlawful employment practice, the Commission
shall
serve a notice of the charge (including the date, place and
circumstances of the alleged unlawful employment practice)
on such
employer, employment agency, labor organization, or joint
labor-management committee (hereinafter referred to as the
"respondent") within ten days, and shall make an
investigation
thereof. Charges shall be in writing under oath or
affirmation and
shall contain such information and be in such form as the
Commission requires. Charges shall not be made public by the
Commission. If the Commission determines after such
investigation
that there is not reasonable cause to believe that the
charge is
true, it shall dismiss the charge and promptly notify the
person
claiming to be aggrieved and the respondent of its action.
In
determining whether reasonable cause exists, the Commission
shall
accord substantial weight to final findings and orders made
by
State or local authorities in proceedings commenced under
State or
local law pursuant to the requirements of subsections (c)
and (d)
of this section. If the Commission determines after such
investigation that there is reasonable cause to believe that
the
charge is true, the Commission shall endeavor to eliminate
any such
alleged unlawful employment practice by informal methods of
conference, conciliation, and persuasion. Nothing said or
done
during and as a part of such informal endeavors may be made
public
by the Commission, its officers or employees, or used as
evidence
in a subsequent proceeding without the written consent of
the
persons concerned. Any person who makes public information
in
violation of this subsection shall be fined not more than
$1,000 or
imprisoned for not more than one year, or both. The
Commission
shall make its determination on reasonable cause as promptly
as
possible and, so far as practicable, not later than one
hundred and
twenty days from the filing of the charge or, where
applicable
under subsection (c) or (d) of this section, from the date
upon
which the Commission is authorized to take action with
respect to
the charge.
(c) State or local
enforcement proceedings; notification of State
or local authority; time for filing charges with Commission;
commencement of proceedings
In the case of an alleged unlawful employment practice
occurring
in a State, or political subdivision of a State, which has a
State
or local law prohibiting the unlawful employment practice
alleged
and establishing or authorizing a State or local authority
to grant
or seek relief from such practice or to institute criminal
proceedings with respect thereto upon receiving notice
thereof, no
charge may be filed under subsection (a) )1(! of this
section by
the person aggrieved before the expiration of sixty days
after
proceedings have been commenced under the State or local
law,
unless such proceedings have been earlier terminated,
provided that
such sixty-day period shall be extended to one hundred and
twenty
days during the first year after the effective date of such
State
or local law. If any requirement for the commencement of
such
proceedings is imposed by a State or local authority other
than a
requirement of the filing of a written and signed statement
of the
facts upon which the proceeding is based, the proceeding
shall be
deemed to have been commenced for the purposes of this
subsection
at the time such statement is sent by registered mail to the
appropriate State or local authority.
(d) State or local
enforcement proceedings; notification of State
or local authority; time for action on charges by Commission
In the case of any charge filed by a member of the
Commission
alleging an unlawful employment practice occurring in a
State or
political subdivision of a State which has a State or local
law
prohibiting the practice alleged and establishing or
authorizing a
State or local authority to grant or seek relief from such
practice
or to institute criminal proceedings with respect thereto
upon
receiving notice thereof, the Commission shall, before
taking any
action with respect to such charge, notify the appropriate
State or
local officials and, upon request, afford them a reasonable
time,
but not less than sixty days (provided that such sixty-day
period
shall be extended to one hundred and twenty days during the
first
year after the effective day of such State or local law),
unless a
shorter period is requested, to act under such State or
local law
to remedy the practice alleged.
(e) Time for filing
charges; time for service of notice of charge
on respondent; filing of charge by Commission with State or
local
agency; seniority system
(1) A charge under this section shall be filed within one
hundred
and eighty days after the alleged unlawful employment
practice
occurred and notice of the charge (including the date, place
and
circumstances of the alleged unlawful employment practice)
shall be
served upon the person against whom such charge is made
within ten
days thereafter, except that in a case of an unlawful
employment
practice with respect to which the person aggrieved has
initially
instituted proceedings with a State or local agency with
authority
to grant or seek relief from such practice or to institute
criminal
proceedings with respect thereto upon receiving notice
thereof,
such charge shall be filed by or on behalf of the person
aggrieved
within three hundred days after the alleged unlawful
employment
practice occurred, or within thirty days after receiving
notice
that the State or local agency has terminated the
proceedings under
the State or local law, whichever is earlier, and a copy of
such
charge shall be filed by the Commission with the State or
local
agency.
(2) For purposes of this section, an unlawful employment
practice
occurs, with respect to a seniority system that has been
adopted
for an intentionally discriminatory purpose in violation of
this
subchapter (whether or not that discriminatory purpose is
apparent
on the face of the seniority provision), when the seniority
system
is adopted, when an individual becomes subject to the
seniority
system, or when a person aggrieved is injured by the
application of
the seniority system or provision of the system.
(f) Civil action by
Commission, Attorney General, or person
aggrieved; preconditions; procedure; appointment of
attorney;
payment of fees, costs, or security; intervention; stay of
Federal proceedings; action for appropriate temporary or
preliminary relief pending final disposition of charge;
jurisdiction and venue of United States courts; designation
of
judge to hear and determine case; assignment of case for
hearing;
expedition of case; appointment of master
(1) If within thirty days after a charge is filed with the
Commission or within thirty days after expiration of any
period of
reference under subsection (c) or (d) of this section, the
Commission has been unable to secure from the respondent a
conciliation agreement acceptable to the Commission, the
Commission
may bring a civil action against any respondent not a
government,
governmental agency, or political subdivision named in the
charge.
In the case of a respondent which is a government,
governmental
agency, or political subdivision, if the Commission has been
unable
to secure from the respondent a conciliation agreement
acceptable
to the Commission, the Commission shall take no further
action and
shall refer the case to the Attorney General who may bring a
civil
action against such respondent in the appropriate United
States
district court. The person or persons aggrieved shall have
the
right to intervene in a civil action brought by the
Commission or
the Attorney General in a case involving a government,
governmental
agency, or political subdivision. If a charge filed with the
Commission pursuant to subsection (b) of this section, is
dismissed
by the Commission, or if within one hundred and eighty days
from
the filing of such charge or the expiration of any period of
reference under subsection (c) or (d) of this section,
whichever is
later, the Commission has not filed a civil action under
this
section or the Attorney General has not filed a civil action
in a
case involving a government, governmental agency, or
political
subdivision, or the Commission has not entered into a
conciliation
agreement to which the person aggrieved is a party, the
Commission,
or the Attorney General in a case involving a government,
governmental agency, or political subdivision, shall so
notify the
person aggrieved and within ninety days after the giving of
such
notice a civil action may be brought against the respondent
named
in the charge (A) by the person claiming to be aggrieved or
(B) if
such charge was filed by a member of the Commission, by any
person
whom the charge alleges was aggrieved by the alleged
unlawful
employment practice. Upon application by the complainant and
in
such circumstances as the court may deem just, the court may
appoint an attorney for such complainant and may authorize
the
commencement of the action without the payment of fees,
costs, or
security. Upon timely application, the court may, in its
discretion, permit the Commission, or the Attorney General
in a
case involving a government, governmental agency, or
political
subdivision, to intervene in such civil action upon
certification
that the case is of general public importance. Upon request,
the
court may, in its discretion, stay further proceedings for
not more
than sixty days pending the termination of State or local
proceedings described in subsection (c) or (d) of this
section or
further efforts of the Commission to obtain voluntary
compliance.
(2) Whenever a charge is filed with the Commission and the
Commission concludes on the basis of a preliminary
investigation
that prompt judicial action is necessary to carry out the
purposes
of this Act, the Commission, or the Attorney General in a
case
involving a government, governmental agency, or political
subdivision, may bring an action for appropriate temporary
or
preliminary relief pending final disposition of such charge.
Any
temporary restraining order or other order granting
preliminary or
temporary relief shall be issued in accordance with rule 65
of the
Federal Rules of Civil Procedure. It shall be the duty of a
court
having jurisdiction over proceedings under this section to
assign
cases for hearing at the earliest practicable date and to
cause
such cases to be in every way expedited.
(3) Each United States district court and each United States
court of a place subject to the jurisdiction of the United
States
shall have jurisdiction of actions brought under this
subchapter.
Such an action may be brought in any judicial district in
the State
in which the unlawful employment practice is alleged to have
been
committed, in the judicial district in which the employment
records
relevant to such practice are maintained and administered,
or in
the judicial district in which the aggrieved person would
have
worked but for the alleged unlawful employment practice, but
if the
respondent is not found within any such district, such an
action
may be brought within the judicial district in which the
respondent
has his principal office. For purposes of sections 1404 and
1406 of
title 28, the judicial district in which the respondent has
his
principal office shall in all cases be considered a district
in
which the action might have been brought.
(4) It shall be the duty of the chief judge of the district
(or
in his absence, the acting chief judge) in which the case is
pending immediately to designate a judge in such district to
hear
and determine the case. In the event that no judge in the
district
is available to hear and determine the case, the chief judge
of the
district, or the acting chief judge, as the case may be,
shall
certify this fact to the chief judge of the circuit (or in
his
absence, the acting chief judge) who shall then designate a
district or circuit judge of the circuit to hear and
determine the
case.
(5) It shall be the duty of the judge designated pursuant to
this
subsection to assign the case for hearing at the earliest
practicable date and to cause the case to be in every way
expedited. If such judge has not scheduled the case for
trial
within one hundred and twenty days after issue has been
joined,
that judge may appoint a master pursuant to rule 53 of the
Federal
Rules of Civil Procedure.
(g) Injunctions;
appropriate affirmative action; equitable relief;
accrual of back pay; reduction of back pay; limitations on
judicial orders
(1) If the court finds that the respondent has intentionally
engaged in or is intentionally engaging in an unlawful
employment
practice charged in the complaint, the court may enjoin the
respondent from engaging in such unlawful employment
practice, and
order such affirmative action as may be appropriate, which
may
include, but is not limited to, reinstatement or hiring of
employees, with or without back pay (payable by the
employer,
employment agency, or labor organization, as the case may
be,
responsible for the unlawful employment practice), or any
other
equitable relief as the court deems appropriate. Back pay
liability
shall not accrue from a date more than two years prior to
the
filing of a charge with the Commission. Interim earnings or
amounts
earnable with reasonable diligence by the person or persons
discriminated against shall operate to reduce the back pay
otherwise allowable.
(2)(A) No order of the court shall require the admission or
reinstatement of an individual as a member of a union, or
the
hiring, reinstatement, or promotion of an individual as an
employee, or the payment to him of any back pay, if such
individual
was refused admission, suspended, or expelled, or was
refused
employment or advancement or was suspended or discharged for
any
reason other than discrimination on account of race, color,
religion, sex, or national origin or in violation of section
2000e-3(a) of this title.
(B) On a claim in which an individual proves a violation
under
section 2000e-2(m) of this title and a respondent
demonstrates that
the respondent would have taken the same action in the
absence of
the impermissible motivating factor, the court -
(i) may grant
declaratory relief, injunctive relief (except as
provided in clause (ii)), and attorney's fees and costs
demonstrated to be directly attributable only to the
pursuit of a
claim under section 2000e-2(m) of this title; and
(ii) shall not award damages or issue an order requiring
any
admission, reinstatement, hiring, promotion, or payment,
described in subparagraph (A).
(h) Provisions of
chapter 6 of title 29 not applicable to civil
actions for prevention of unlawful practices
The provisions of chapter 6 of title 29 shall not apply with
respect to civil actions brought under this section.
(i) Proceedings by
Commission to compel compliance with judicial
orders
In any case in which an employer, employment agency, or
labor
organization fails to comply with an order of a court issued
in a
civil action brought under this section, the Commission may
commence proceedings to compel compliance with such order.
(j) Appeals
Any civil action brought under this section and any
proceedings
brought under subsection (i) of this section shall be
subject to
appeal as provided in sections 1291 and 1292, title 28.
(k) Attorney's fee;
liability of Commission and United States for
costs
In any action or proceeding under this subchapter the court,
in
its discretion, may allow the prevailing party, other than
the
Commission or the United States, a reasonable attorney's fee
(including expert fees) as part of the costs, and the
Commission
and the United States shall be liable for costs the same as
a
private person.
-SOURCE-
(Pub. L. 88-352, title VII, Sec. 706, July 2, 1964, 78 Stat.
259;
Pub. L. 92-261, Sec. 4, Mar. 24, 1972, 86 Stat. 104; Pub. L.
102-166, title I, Secs. 107(b), 112, 113(b), Nov. 21, 1991,
105
Stat. 1075, 1078, 1079.)
