Civil Rights Act of 1964
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
SEC. 2000e-4. [Section 705]
(a) There is hereby created a Commission to be known as the Equal
Employment Opportunity Commission, which shall be composed of five
members, not more than three of whom shall be members of the same
political party. Members of the Commission shall be appointed by the
President by and with the advice and consent of the Senate for a term of
five years. Any individual chosen to fill a vacancy shall be appointed
only for the unexpired term of the member whom he shall succeed, and all
members of the Commission shall continue to serve until their successors
are appointed and qualified, except that no such member of the Commission
shall continue to serve (1) for more than sixty days when the Congress is
in session unless a nomination to fill such vacancy shall have been
submitted to the Senate, or (2) after the adjournment sine die of the
session of the Senate in which such nomination was submitted. The
President shall designate one member to serve as Chairman of the
Commission, and one member to serve as Vice Chairman. The Chairman shall
be responsible on behalf of the Commission for the administrative
operations of the Commission, and, except as provided in subsection (b) of
this section, shall appoint, in accordance with the provisions of title 5
[United States Code] governing appointments in the competitive
service, such officers, agents, attorneys, administrative law judges
[hearing examiners], and employees as he deems necessary to assist
it in the performance of its functions and to fix their compensation in
accordance with the provisions of chapter 51 and subchapter III of chapter
53 of title 5 [United States Code], relating to classification and
General Schedule pay rates: Provided, That assignment, removal, and
compensation of administrative law judges [hearing examiners] shall
be in accordance with sections 3105, 3344, 5372, and 7521 of title 5
[United States Code].
(b) (1) There shall be a General Counsel of the Commission appointed by
the President, by and with the advice and consent of the Senate, for a
term of four years. The General Counsel shall have responsibility for the
conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this
title [sections 706 and 707]. The General Counsel shall have such
other duties as the Commission may prescribe or as may be provided by law
and shall concur with the Chairman of the Commission on the appointment
and supervision of regional attorneys. The General Counsel of the
Commission on the effective date of this Act 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.
(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.
(d) The Commission shall have an official seal which shall be judicially
noticed.
(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 [the
names, salaries, and duties of all individuals in its employ] and the
moneys it has disbursed. It shall make such further reports on the cause
of and means of eliminating discrimination and such recommendations for
further legislation as may appear desirable.
(f) The principal office of the Commission shall be in or near the
District of Columbia, but it may meet or exercise any or all its powers at
any other place. The Commission may establish such regional or State
offices as it deems necessary to accomplish the purpose of this
subchapter.
(g) The Commission shall have power-
(1) to cooperate with and, with their consent, utilize regional,
State, local, and other agencies, both public and private, and
individuals;
(2) to pay to witnesses whose depositions are taken or who are
summoned before the Commission or any of its agents the same witness and
mileage fees as are paid to witnesses in the courts of the United States;
(3) to furnish to persons subject to this subchapter such technical
assistance as they may request to further their compliance 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 effectuating the provisions
of this subchapter, to assist in such effectuation by conciliation or such
other remedial action as is provided by this subchapter;
(5) to make such technical studies as are appropriate to effectuate
the purposes and policies of this subchapter and to make the results of
such studies available to the public;
(6) to intervene in a civil action brought under section 2000e-5 of
this title [section 706] by an aggrieved party against a respondent
other than a government, governmental agency or political subdivision.
(h) (1) The Commission shall, in any of its educational or
promotional activities, cooperate with other departments and agencies in
the performance of such educational and promotional activities.
(2) In exercising its powers under this title, the Commission shall
carry out educational and outreach activities (including dissemination of
information in languages other than English) targeted to-
(A) individuals who historically have been victims of employment
discrimination and have not been equitably served by the Commission; and
(B) individuals on whose behalf the Commission has authority to
enforce any other law prohibiting employment discrimination, concerning
rights and obligations under this title or such law, as the case may be.
(i) All officers, agents, attorneys, and employees of the Commission
shall be subject to the provisions of section 7324 of title 5 [section
9 of the Act of August 2, 1939, as amended (the Hatch Act)],
notwithstanding any exemption contained in such section.
(j) (1) The Commission shall establish a Technical Assistance Training
Institute, through which the Commission shall provide technical assistance
and training regarding the laws and regulations enforced by the
Commission.
(2) An employer or other entity covered under this title shall not
be excused from compliance with the requirements of this title because of
any failure to receive technical assistance under this subsection.
(3) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for fiscal year 1992.
Editor's Note
Act
Definitions
Exemption
Unlawful Employment Practices
Other Unlawful Employment Practices
Equal Employment Opportunity Commission (EEOC)
Enforcement Provisions
Civil Actions by the Attorney General
Effect on State Laws
Investigations, Inspections, Records, State Agencies
Investigatory Powers
Posting of Notices; Penalties
Veterans' Special Rights or Preference
Rules and Regulations
Forcibly Resisting the Commission or its Representatives
Equal Employment Opportunity Coordinating Council
Effective Date
Employment by Federal Government
Special Provisions with respect to Denial, Termination, and Suspension of Government Contracts