TITLE 42 - THE PUBLIC
HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES
42 U.S.C. Section
2000e-6. Civil actions by the Attorney General
(a) Complaint
Whenever the Attorney General has reasonable cause to
believe
that any person or group of persons is engaged in a pattern
or
practice of resistance to the full enjoyment of any of the
rights
secured by this subchapter, and that the pattern or practice
is of
such a nature and is intended to deny the full exercise of
the
rights herein described, the Attorney General may bring a
civil
action in the appropriate district court of the United
States by
filing with it a complaint (1) signed by him (or in his
absence the
Acting Attorney General), (2) setting forth facts pertaining
to
such pattern or practice, and (3) requesting such relief,
including
an application for a permanent or temporary injunction,
restraining
order or other order against the person or persons
responsible for
such pattern or practice, as he deems necessary to insure
the full
enjoyment of the rights herein described.
(b) Jurisdiction;
three-judge district court for cases of general
public importance: hearing, determination, expedition of
action,
review by Supreme Court; single judge district court:
hearing,
determination, expedition of action
The district courts of the United States shall have and
shall
exercise jurisdiction of proceedings instituted pursuant to
this
section, and in any such proceeding the Attorney General may
file
with the clerk of such court a request that a court of three
judges
be convened to hear and determine the case. Such request by
the
Attorney General shall be accompanied by a certificate that,
in his
opinion, the case is of general public importance. A copy of
the
certificate and request for a three-judge court shall be
immediately furnished by such clerk to the chief judge of
the
circuit (or in his absence, the presiding circuit judge of
the
circuit) in which the case is pending. Upon receipt of such
request
it shall be the duty of the chief judge of the circuit or
the
presiding circuit judge, as the case may be, to designate
immediately three judges in such circuit, of whom at least
one
shall be a circuit judge and another of whom shall be a
district
judge of the court in which the proceeding was instituted,
to hear
and determine such case, and it shall be the duty of the
judges so
designated to assign the case for hearing at the earliest
practicable date, to participate in the hearing and
determination
thereof, and to cause the case to be in every way expedited.
An
appeal from the final judgment of such court will lie to the
Supreme Court.
In the event the Attorney General fails to file such a
request in
any such proceeding, it shall be the duty of the chief judge
of the
district (or in his absence, the acting chief judge) in
which the
case 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.
It shall be the duty of the judge designated pursuant to
this
section to assign the case for hearing at the earliest
practicable
date and to cause the case to be in every way expedited.
(c) Transfer of
functions, etc., to Commission; effective date;
prerequisite to transfer; execution of functions by
Commission
Effective two years after March 24, 1972, the functions of
the
Attorney General under this section shall be transferred to
the
Commission, together with such personnel, property, records,
and
unexpended balances of appropriations, allocations, and
other funds
employed, used, held, available, or to be made available in
connection with such functions unless the President submits,
and
neither House of Congress vetoes, a reorganization plan
pursuant to
chapter 9 of title 5, inconsistent with the provisions of
this
subsection. The Commission shall carry out such functions in
accordance with subsections (d) and (e) of this section.
(d) Transfer of
functions, etc., not to affect suits commenced
pursuant to this section prior to date of transfer
Upon the transfer of functions provided for in subsection
(c) of
this section, in all suits commenced pursuant to this
section prior
to the date of such transfer, proceedings shall continue
without
abatement, all court orders and decrees shall remain in
effect, and
the Commission shall be substituted as a party for the
United
States of America, the Attorney General, or the Acting
Attorney
General, as appropriate.
(e) Investigation and
action by Commission pursuant to filing of
charge of discrimination; procedure
Subsequent to March 24, 1972, the Commission shall have
authority
to investigate and act on a charge of a pattern or practice
of
discrimination, whether filed by or on behalf of a person
claiming
to be aggrieved or by a member of the Commission. All such
actions
shall be conducted in accordance with the procedures set
forth in
section 2000e-5 of this title.
-SOURCE-
(Pub. L. 88-352, title VII, Sec. 707, July 2, 1964, 78 Stat.
261;
Pub. L. 92-261, Sec. 5, Mar. 24, 1972, 86 Stat. 107.)
