Civil Rights Act of 1964
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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.
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