Civil Rights Act of 1964

Mitsubishi! > Issues > Discrimination > Civil Rights Act of 1964 > ENFORCEMENT PROVISIONS

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.
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