Civil Rights Act of 1964

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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.
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