Civil Rights Act of 1964



ENFORCEMENT PROVISIONS

SEC. 2000e-5. [Section 706]

(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 [section 703 or 704].

(b) Whenever a charge is filed by or on behalf of a person claiming to be

aggrieved, or by a member of the Commission, alleging that an employer,

employment agency, labor organization, or joint labor­management

committee controlling apprenticeship or other training or retraining,

including on­the­job 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 labor­management 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) 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) 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

sixty­day 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) 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 sixty­day 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) (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 title (whether

or not that discriminatory purpose is apparent on the face of the

seniority provision), when the seniority system is adopted, when an

individual becomes subject to the seniority system, or when a person

aggrieved is injured by the application of the seniority system or

provision of the system.

(f) (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 [of the United States Code], the judicial district

in which the respondent has his principal office shall in all cases be

considered a district in which the action might have been brought.

   (4) It shall be the duty of the chief judge of the district (or in

his absence, the acting chief judge) in which the case is pending

immediately to designate a judge in such district to hear and determine

the case. In the event that no judge in the district is available to hear

and determine the case, the chief judge of the district, or the acting

chief judge, as the case may be, shall certify this fact to the chief

judge of the circuit (or in his absence, the acting chief judge) who shall

then designate a district or circuit judge of the circuit to hear and

determine the case.

   (5) It shall be the duty of the judge designated pursuant to this

subsection to assign the case for hearing at the earliest practicable date

and to cause the case to be in every way expedited. If such judge has not

scheduled the case for trial within one hundred and twenty days after

issue has been joined, that judge may appoint a master pursuant to rule 53

of the Federal Rules of Civil Procedure.


(g) (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 [section 704(a)].

   (B) On a claim in which an individual proves a violation under section

2000e-2(m) of this title [section 703(m)] 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 [section 703(m)]; and

   (ii) shall not award damages or issue an order requiring any

admission, reinstatement, hiring, promotion, or payment, described in

subparagraph (A).

(h) The provisions of chapter 6 of title 29 [the Act entitled

"An Act to amend the Judicial Code and to define and limit the

jurisdiction of courts sitting in equity, and for other purposes,"

approved March 23, 1932 (29 U.S.C. 105-115)]
shall not apply with

respect to civil actions brought under this section.

(i) In any case in which an employer, employment agency, or labor

organization fails to comply with an order of a court issued in a civil

action brought under this section, the Commission may commence proceedings

to compel compliance with such order.

(j) Any civil action brought under this section and any proceedings

brought under subsection (i) of this section shall be subject to appeal as

provided in sections 1291 and 1292, title 28 [United States Code].

(k) In any action or proceeding under this subchapter the court, in its

discretion, may allow the prevailing party, other than the Commission or

the United States, a reasonable attorney's fee (including expert fees)

as part of the costs, and the Commission and the United States shall

be liable for costs the same as a private person.

CIVIL ACTIONS BY THE ATTORNEY GENERAL

SEC. 2000e-6. [Section 707]

(a) Whenever the Attorney General has reasonable cause to believe that

any person or group of persons is engaged in a pattern or practice of

resistance to the full enjoyment of any of the rights secured by this

subchapter, and that the pattern or practice is of such a nature and is

intended to deny the full exercise of the rights herein described, the

Attorney General may bring a civil action in the appropriate district

court of the United States by filing with it a complaint (1) signed by him

(or in his absence the Acting Attorney General), (2) setting forth facts

pertaining to such pattern or practice, and (3) requesting such relief,

including an application for a permanent or temporary injunction,

restraining order or other order against the person or persons responsible

for such pattern or practice, as he deems necessary to insure the full

enjoyment of the rights herein described.

(b) The district courts of the United States shall have and shall exercise

jurisdiction of proceedings instituted pursuant to this section, and in

any such proceeding the Attorney General may file with the clerk of such

court a request that a court of three judges be convened to hear and

determine the case. Such request by the Attorney General shall be

accompanied by a certificate that, in his opinion, the case is of general

public importance. A copy of the certificate and request for a

three­judge 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) Effective two years after March 24, 1972 [the date of enactment of

the Equal Employment Opportunity Act of 1972]
, the functions of the

Attorney General under this section shall be transferred to the

Commission, together with such personnel, property, records, and

unexpended balances of appropriations, allocations, and other funds

employed, used, held, available, or to be made available in connection

with such functions unless the President submits, and neither House of

Congress vetoes, a reorganization plan pursuant to chapter 9 of title 5

[United States Code], 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) 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) Subsequent to March 24, 1972 [the date of enactment of the Equal

Employment Opportunity Act of 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 [section 706].

EFFECT ON STATE LAWS

SEC. 2000e-7. [Section 708]

Nothing in this subchapter shall be deemed to exempt or relieve any

person from any liability, duty, penalty, or punishment provided by any

present or future law of any State or political subdivision of a State,

other than any such law which purports to require or permit the doing of

any act which would be an unlawful employment practice under this

subchapter.

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES

SEC. 2000e-8. [Section 709]

(a) In connection with any investigation of a charge filed under

section 2000e-5 of this title [section 706], the Commission or its

designated representative shall at all reasonable times have access to,

for the purposes of examination, and the right to copy any evidence of any

person being investigated or proceeded against that relates to unlawful

employment practices covered by this subchapter and is relevant to the

charge under investigation.

(b) The Commission may cooperate with State and local agencies charged

with the administration of State fair employment practices laws and, with

the consent of such agencies, may, for the purpose of carrying out its

functions and duties under this subchapter and within the limitation of

funds appropriated specifically for such purpose, engage in and contribute

to the cost of research and other projects of mutual interest undertaken

by such agencies, and utilize the services of such agencies and their

employees, and, notwithstanding any other provision of law, pay by advance

or reimbursement such agencies and their employees for services rendered

to assist the Commission in carrying out this subchapter. In furtherance

of such cooperative efforts, the Commission may enter into written

agreements with such State or local agencies and such agreements may

include provisions under which the Commission shall refrain from

processing a charge in any cases or class of cases specified in such

agreements or under which the Commission shall relieve any person or class

of persons in such State or locality from requirements imposed under this

section. The Commission shall rescind any such agreement whenever it

determines that the agreement no longer serves the interest of effective

enforcement of this subchapter.

(c) Every employer, employment agency, and labor organization subject to

this subchapter shall (1) make and keep such records relevant to the

determinations of whether unlawful employment practices have been or are

being committed, (2) preserve such records for such periods, and (3) make

such reports therefrom as the Commission shall prescribe by regulation or

order, after public hearing, as reasonable, necessary, or appropriate for

the enforcement of this subchapter or the regulations or orders

thereunder. The Commission shall, by regulation, require each employer,

labor organization, and joint labor­management committee subject to

this subchapter which controls an apprenticeship or other training program

to maintain such records as are reasonably necessary to carry out the

purposes of this subchapter, including, but not limited to, a list of

applicants who wish to participate in such program, including the

chronological order in which applications were received, and to furnish to

the Commission upon request, a detailed description of the manner in which

persons are selected to participate in the apprenticeship or other

training program. Any employer, employment agency, labor organization, or

joint labor­management committee which believes that the application

to it of any regulation or order issued under this section would result in

undue hardship may apply to the Commission for an exemption from the

application of such regulation or order, and, if such application for an

exemption is denied, bring a civil action in the United States district

court for the district where such records are kept. If the Commission or

the court, as the case may be, finds that the application of the

regulation or order to the employer, employment agency, or labor

organization in question would impose an undue hardship, the Commission or

the court, as the case may be, may grant appropriate relief. If any person

required to comply with the provisions of this subsection fails or refuses

to do so, the United States district court for the district in which such

person is found, resides, or transacts business, shall, upon application

of the Commission, or the Attorney General in a case involving a

government, governmental agency or political subdivision, have

jurisdiction to issue to such person an order requiring him to comply.

(d) In prescribing requirements pursuant to subsection (c) of this

section, the Commission shall consult with other interested State and

Federal agencies and shall endeavor to coordinate its requirements with

those adopted by such agencies. The Commission shall furnish upon request

and without cost to any State or local agency charged with the

administration of a fair employment practice law information obtained

pursuant to subsection (c) of this section from any employer, employment

agency, labor organization, or joint labor­management committee

subject to the jurisdiction of such agency. Such information shall be

furnished on condition that it not be made public by the recipient agency

prior to the institution of a proceeding under State or local law

involving such information. If this condition is violated by a recipient

agency, the Commission may decline to honor subsequent requests pursuant

to this subsection.

(e) It shall be unlawful for any officer or employee of the Commission to

make public in any manner whatever any information obtained by the

Commission pursuant to its authority under this section prior to the

institution of any proceeding under this subchapter involving such

information. Any officer or employee of the Commission who shall make

public in any manner whatever any information in violation of this

subsection shall be guilty, of a misdemeanor and upon conviction thereof,

shall be fined not more than $1,000, or imprisoned not more than one year.

INVESTIGATORY POWERS

SEC. 2000e-9. [Section 710]

For the purpose of all hearings and investigations conducted by the

Commission or its duly authorized agents or agencies, section 161 of title

29 [section 11 of the National Labor Relations Act] shall apply.

POSTING OF NOTICES; PENALTIES

SEC. 2000e-10. [Section 711]

(a) Every employer, employment agency, and labor organization, as the

case may be, shall post and keep posted in conspicuous places upon its

premises where notices to employees, applicants for employment, and

members are customarily posted a notice to be prepared or approved by the

Commission setting forth excerpts, from or, summaries of, the pertinent

provisions of this subchapter and information pertinent to the filing of a

complaint.

(b) A willful violation of this section shall be punishable by a fine of

not more than $100 for each separate offense.

VETERANS' SPECIAL RIGHTS OR PREFERENCE

SEC. 2000e-11. [Section 712]

Nothing contained in this subchapter shall be construed to repeal or

modify any Federal, State, territorial, or local law creating special

rights or preference for veterans.

RULES AND REGULATIONS

SEC. 2000e-12. [Section 713]

(a) The Commission shall have authority from time to time to issue,

amend, or rescind suitable procedural regulations to carry out the

provisions of this subchapter. Regulations issued under this section shall

be in conformity with the standards and limitations of subchapter II of

chapter 5 of title 5 [the Administrative Procedure Act].

(b) In any action or proceeding based on any alleged unlawful employment

practice, no person shall be subject to any liability or punishment for or

on account of (1) the commission by such person of an unlawful employment

practice if he pleads and proves that the act or omission complained of

was in good faith, in conformity with, and in reliance on any written

interpretation or opinion of the Commission, or (2) the failure of such

person to publish and file any information required by any provision of

this subchapter if he pleads and proves that he failed to publish and file

such information in good faith, in conformity with the instructions of the

Commission issued under this subchapter regarding the filing of such

information. Such a defense, if established, shall be a bar to the action

or proceeding, notwithstanding that (A) after such act or omission, such

interpretation or opinion is modified or rescinded or is determined by

judicial authority to be invalid or of no legal effect, or (B) after

publishing or filing the description and annual reports, such publication

or filing is determined by judicial authority not to be in conformity with

the requirements of this subchapter.

FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES

SEC. 2000e-13. [Section 714]

The provisions of sections 111 and 1114, title 18 [United States

Code]
, shall apply to officers, agents, and employees of the

Commission in the performance of their official duties. Notwithstanding

the provisions of sections 111 and 1114 of title 18 [United States

Code]
, whoever in violation of the provisions of section 1114 of such

title kills a person while engaged in or on account of the performance of

his official functions under this Act shall be punished by imprisonment

for any term of years or for life.

TRANSFER OF AUTHORITY

[Administration of the duties of the Equal Employment Opportunity

Coordinating Council was transferred to the Equal Employment Opportunity

Commission effective July 1, 1978, under the President's Reorganization

Plan of 1978.]

EQUAL EMPLOYMENT OPPORTUNITY COORDINATING COUNCIL

SEC. 2000e-14. [Section 715]

[There shall be established an Equal Employment Opportunity Coordinating

Council (hereinafter referred to in this section as the Council) composed

of the Secretary of Labor, the Chairman of the Equal Employment

Opportunity Commission, the Attorney General, the Chairman of the United

States Civil Service Commission, and the Chairman of the United States

Civil Rights Commission, or their respective delegates.]

The Equal Employment Opportunity Commission [Council] shall

have the responsibility for developing and implementing agreements,

policies and practices designed to maximize effort, promote efficiency,

and eliminate conflict, competition, duplication and inconsistency among

the operations, functions and jurisdictions of the various departments,

agencies and branches of the Federal Government responsible for the

implementation and enforcement of equal employment opportunity

legislation, orders, and policies. On or before October 1 [July 1]

of each year, the Equal Employment Opportunity Commission [Council]

shall transmit to the President and to the Congress a report of its

activities, together with such recommendations for legislative or

administrative changes as it concludes are desirable to further promote

the purposes of this section.

EFFECTIVE DATE

SEC. 2000e-15. [Section 716]

[(a) This title shall become effective one year after the date of its

enactment.

(b) Notwithstanding subsection (a), sections of this title other than

sections 703, 704, 706, and 707 shall become effective immediately.

[(c)]
The President shall, as soon as feasible after July 2, 1964

[the enactment of this title], convene one or more conferences for

the purpose of enabling the leaders of groups whose members will be

affected by this subchapter to become familiar with the rights afforded

and obligations imposed by its provisions, and for the purpose of making

plans which will result in the fair and effective administration of this

subchapter when all of its provisions become effective. The President

shall invite the participation in such conference or conferences of (1)

the members of the President's Committee on Equal Employment Opportunity,

(2) the members of the Commission on Civil Rights, (3) representatives of

State and local agencies engaged in furthering equal employment

opportunity, (4) representatives of private agencies engaged in furthering

equal employment opportunity, and (5) representatives of employers, labor

organizations, and employment agencies who will be subject to this

subchapter.

TRANSFER OF AUTHORITY

[Enforcement of Section 717 was transferred to the Equal Employment

Opportunity Commission from the Civil Service Commission (Office of

Personnel Management) effective January 1, 1979 under the President's

Reorganization Plan No. 1 of 1978.]

EMPLOYMENT BY FEDERAL GOVERNMENT

SEC. 2000e-16. [Section 717]

(a) All personnel actions affecting employees or applicants for

employment (except with regard to aliens employed outside the limits of

the United States) in military departments as defined in section 102 of

title 5 [United States Code], in executive agencies [other than

the General Accounting Office]
as defined in section 105 of title 5

[United States Code] (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

Government of the District of Columbia having positions in the competitive

service, and in those units of the legislative and judicial branches of

the Federal Government having positions in the competitive service, and in

the Library of Congress shall be made free from any discrimination based

on race, color, religion, sex, or national origin.

(b) Except as otherwise provided in this subsection, the Equal Employment

Opportunity Commission [Civil Service Commission] shall have

authority to enforce the provisions of subsection (a) of this section

through appropriate remedies, including reinstatement or hiring of

employees with or without back pay, as will effectuate the policies of

this section, and shall issue such rules, regulations, orders and

instructions as it deems necessary and appropriate to carry out its

responsibilities under this section. The Equal Employment Opportunity

Commission [Civil Service Commission] shall-

   (1) be responsible for the annual review and approval of a national

and regional equal employment opportunity plan which each department and

agency and each appropriate unit referred to in subsection (a) of this

section shall submit in order to maintain an affirmative program of equal

employment opportunity for all such employees and applicants for

employment;

   (2) be responsible for the review and evaluation of the operation

of all agency equal employment opportunity programs, periodically

obtaining and publishing (on at least a semiannual basis) progress reports

from each such department, agency, or unit; and

   (3) consult with and solicit the recommendations of interested

individuals, groups, and organizations relating to equal employment

opportunity.

The head of each such department, agency, or unit shall comply with such

rules, regulations, orders, and instructions which shall include a

provision that an employee or applicant for employment shall be notified

of any final action taken on any complaint of discrimination filed by him

thereunder. The plan submitted by each 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 employees to

advance so as to perform at their highest potential; and

   (2) a description of the qualifications in terms of training and

experience relating to equal employment opportunity for the principal and

operating officials of each such department, agency, or unit responsible

for carrying out the equal employment opportunity program and of the

allocation of personnel and resources proposed by such department, agency,

or unit to carry out its equal employment opportunity program.

With respect to employment in the Library of Congress, authorities granted

in this subsection to the Equal Employment Opportunity Commission

[Civil Service Commission] shall be exercised by the Librarian of

Congress.

(c) Within 90 days of receipt of notice of final action taken by a

department, agency, or unit referred to in subsection (a) of this section,

or by the Equal Employment Opportunity Commission [Civil Service

Commission]
upon an appeal from a decision or order of such

department, agency, or unit on a complaint of discrimination based on

race, color, religion, sex or national origin, brought pursuant to

subsection (a) of this section, Executive Order 11478 or any succeeding

Executive orders, or after one hundred and eighty days from the filing of

the initial charge with the department, agency, or unit or with the Equal

Employment Opportunity Commission [Civil Service Commission] on

appeal from a decision or order of such department, agency, or unit until

such time as final 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 complaint, may file a civil action as provided in section 2000e-5 of

this title [section 706], in which civil action the head of the

department, agency, or unit, as appropriate, shall be the defendant.

(d) The provisions of section 2000e-5(f) through (k) of this title

[section 706(f) through (k)], as applicable, shall govern civil

actions brought hereunder, and the same interest to compensate for

delay in payment shall be available as in cases involving nonpublic

parties.

(e) Nothing contained in this Act shall relieve any Government agency

or official of its or his primary responsibility to assure

nondiscrimination 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 Government.


SPECIAL PROVISIONS WITH RESPECT TO DENIAL, TERMINATION, AND SUSPENSION OF GOVERNMENT CONTRACTS

SEC. 2000e-17. [Section 718]

No Government contract, or portion thereof, with any employer, shall

be denied, withheld, terminated, or suspended, by any agency or officer of

the United States under any equal employment opportunity law or order,

where such employer has an affirmative action plan which has previously

been accepted by the Government for the same facility within the past

twelve months without first according such employer full hearing and

adjudication under the provisions of section 554 of title 5 [United

States Code]
, and the following pertinent sections:  Provided, That if

such employer has deviated substantially from such previously agreed to

affirmative action plan, this section shall not apply:  Provided further,

That for the purposes of this section an affirmative action plan shall be

deemed to have been accepted by the Government at the time the appropriate

compliance agency has accepted such plan unless within forty­five

days thereafter the Office of Federal Contract Compliance has disapproved

such plan.

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