---
kind: "range"
citation: "42 U.S.C. §§ 2000e–4–2000e–6"
title: "42"
from: "2000e–4"
to: "2000e–6"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/42/2000e-4..2000e-6"
---

# §2000e–4. Equal Employment Opportunity Commission

- (a) **Creation; composition; political representation; appointment; term; vacancies; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel—** There is hereby created a [Commission](/usc/42/2000ff.md?p=1) to be known as the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1), 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](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1) shall continue to serve until their successors are appointed and qualified, except that no such member of the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1), and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the [Commission](/usc/42/2000ff.md?p=1) for the administrative operations of the [Commission](/usc/42/2000ff.md?p=1), and, except as provided in [subsection (b)](#b), shall appoint, in accordance with the provisions of [title 5](/usc/5.md) governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges, and [employees](/usc/42/2000e.md?p=f) 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](/usc/42/ch51.md) and subchapter III of [chapter 53](/usc/5/chptIII-sptD-ch53.md) of title 5, relating to classification and General Schedule pay rates: Provided, That assignment, [removal](/usc/42/9601.md?p=23), and compensation of administrative law judges shall be in accordance with sections [3105](/usc/5/3105.md), [3344](/usc/5/3344.md), [5372](/usc/5/5372.md), and [7521](/usc/5/7521.md) of title 5.
- (b) **General Counsel; appointment; term; duties; representation by attorneys and Attorney General—**
  - (1) There shall be a General Counsel of the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000e–5.md) and [2000e–6](/usc/42/2000e–6.md) of this title. The General Counsel shall have such other duties as the [Commission](/usc/42/2000ff.md?p=1) may prescribe or as may be provided by law and shall concur with the Chairman of the [Commission](/usc/42/2000ff.md?p=1) on the appointment and supervision of regional attorneys. The General Counsel of the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1), appear for and represent the [Commission](/usc/42/2000ff.md?p=1) in any case in court, provided that the [Attorney General](/usc/42/14902.md?p=6) shall conduct all litigation to which the [Commission](/usc/42/2000ff.md?p=1) is a party in the Supreme Court pursuant to this subchapter.
- (c) **Exercise of powers during vacancy; quorum—** A vacancy in the [Commission](/usc/42/2000ff.md?p=1) shall not impair the right of the remaining members to exercise all the powers of the [Commission](/usc/42/2000ff.md?p=1) and three members thereof shall constitute a quorum.
- (d) **Seal; judicial notice—** The [Commission](/usc/42/2000ff.md?p=1) shall have an official seal which shall be judicially noticed.
- (e) **Reports to Congress and the President—** The [Commission](/usc/42/2000ff.md?p=1) shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken and the moneys it has disbursed. It shall make such further reports on the [cause](/usc/42/9908.md?p=c-2) of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.
- (f) **Principal and other offices—** The principal [office](/usc/42/3058f.md?p=1) of the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1) may establish such regional or [State](/usc/42/2000e.md?p=i) [offices](/usc/42/3058f.md?p=1) as it deems necessary to accomplish the purpose of this subchapter.
- (g) **Powers of Commission—** The [Commission](/usc/42/2000ff.md?p=1) shall have power—
  - (1) to cooperate with and, with their consent, utilize regional, [State](/usc/42/2000e.md?p=i), 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](/usc/42/2000ff.md?p=1) or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the [United States](/usc/42/403.md?p=k);
  - (3) to furnish to [persons](/usc/42/2000e.md?p=a) 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](/usc/42/2000e.md?p=b), whose [employees](/usc/42/2000e.md?p=f) or some of them, or (ii) any [labor organization](/usc/42/2000e.md?p=d), 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](/usc/42/2000e–5.md) by an aggrieved party against a [respondent](/usc/42/2000e.md?p=n) other than a government, governmental agency or political subdivision.
- (h) **Cooperation with other departments and agencies in performance of educational or promotional activities; outreach activities—**
  - (1) The [Commission](/usc/42/2000ff.md?p=1) 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 subchapter, the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1); and
    - (B) individuals on whose behalf the [Commission](/usc/42/2000ff.md?p=1) has authority to enforce any other law prohibiting employment discrimination,

    concerning rights and obligations under this subchapter or such law, as the case may be.

- (i) **Personnel subject to political activity restrictions—** All officers, agents, attorneys, and [employees](/usc/42/2000e.md?p=f) of the [Commission](/usc/42/2000ff.md?p=1) shall be subject to the provisions of section 7324[^1] of [title 5](/usc/5.md), notwithstanding any exemption contained in such section.
- (j) **Technical Assistance Training Institute—**
  - (1) The [Commission](/usc/42/2000ff.md?p=1) shall establish a Technical Assistance [Training](/usc/42/285e–2.md?p=b-2) Institute, through which the [Commission](/usc/42/2000ff.md?p=1) shall provide technical assistance and [training](/usc/42/285e–2.md?p=b-2) regarding the laws and regulations enforced by the [Commission](/usc/42/2000ff.md?p=1).
  - (2) An [employer](/usc/42/2000e.md?p=b) or other entity covered under this subchapter shall not be excused from compliance with the requirements of this subchapter 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.
- (k) **EEOC Education, Technical Assistance, and Training Revolving Fund—**
  - (1) There is hereby established in the Treasury of the [United States](/usc/42/403.md?p=k) a revolving [fund](/usc/42/12854.md?p=3) to be known as the “EEOC Education, Technical Assistance, and [Training](/usc/42/285e–2.md?p=b-2) Revolving [Fund](/usc/42/12854.md?p=3)” (hereinafter in this subsection referred to as the “[Fund](/usc/42/12854.md?p=3)”) and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and [training](/usc/42/285e–2.md?p=b-2) relating to laws administered by the [Commission](/usc/42/2000ff.md?p=1). Monies in the [Fund](/usc/42/12854.md?p=3) shall be available without fiscal year limitation to the [Commission](/usc/42/2000ff.md?p=1) for such purposes.
  - (2)
    - (A) The [Commission](/usc/42/2000ff.md?p=1) shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and [training](/usc/42/285e–2.md?p=b-2) provided with monies in the [Fund](/usc/42/12854.md?p=3). Such fees for any education, technical assistance, or [training](/usc/42/285e–2.md?p=b-2)—
      - (i) shall be imposed on a uniform basis on [persons](/usc/42/2000e.md?p=a) and entities receiving such education, assistance, or [training](/usc/42/285e–2.md?p=b-2),
      - (ii) shall not exceed the cost of providing such education, assistance, and [training](/usc/42/285e–2.md?p=b-2), and
      - (iii) with respect to each [person](/usc/42/2000e.md?p=a) or entity receiving such education, assistance, or [training](/usc/42/285e–2.md?p=b-2), shall bear a reasonable relationship to the cost of providing such education, assistance, or [training](/usc/42/285e–2.md?p=b-2) to such [person](/usc/42/2000e.md?p=a) or entity.
    - (B) Fees received under [subparagraph (A)](#k-2-A) shall be deposited in the [Fund](/usc/42/12854.md?p=3) by the [Commission](/usc/42/2000ff.md?p=1).
    - (C) The [Commission](/usc/42/2000ff.md?p=1) shall include in each report made under [subsection (e)](#e) information with respect to the operation of the [Fund](/usc/42/12854.md?p=3), including information, presented in the aggregate, relating to—
      - (i) the number of [persons](/usc/42/2000e.md?p=a) and entities to which the [Commission](/usc/42/2000ff.md?p=1) provided education, technical assistance, or [training](/usc/42/285e–2.md?p=b-2) with monies in the [Fund](/usc/42/12854.md?p=3), in the fiscal year for which such report is prepared,
      - (ii) the cost to the [Commission](/usc/42/2000ff.md?p=1) to provide such education, technical assistance, or [training](/usc/42/285e–2.md?p=b-2) to such [persons](/usc/42/2000e.md?p=a) and entities, and
      - (iii) the amount of any fees received by the [Commission](/usc/42/2000ff.md?p=1) from such [persons](/usc/42/2000e.md?p=a) and entities for such education, technical assistance, or [training](/usc/42/285e–2.md?p=b-2).
  - (3) The [Secretary](/usc/42/242q–4.md?p=2) of the Treasury shall invest the portion of the [Fund](/usc/42/12854.md?p=3) not required to satisfy current expenditures from the [Fund](/usc/42/12854.md?p=3), as determined by the [Commission](/usc/42/2000ff.md?p=1), in obligations of the [United States](/usc/42/403.md?p=k) or obligations guaranteed as to principal by the [United States](/usc/42/403.md?p=k). Investment proceeds shall be deposited in the [Fund](/usc/42/12854.md?p=3).
  - (4) There is hereby transferred to the [Fund](/usc/42/12854.md?p=3) $1,000,000 from the Salaries and Expenses appropriation of the [Commission](/usc/42/2000ff.md?p=1).

# §2000e–5. Enforcement provisions

- (a) **Power of Commission to prevent unlawful employment practices—** The [Commission](/usc/42/2000ff.md?p=1) is empowered, as hereinafter provided, to prevent any [person](/usc/42/2000e.md?p=a) from engaging in any unlawful employment practice as set forth in section [2000e–2](/usc/42/2000e–2.md) or [2000e–3](/usc/42/2000e–3.md) of this title.
- (b) **Charges by persons aggrieved or member of Commission of unlawful employment practices by employers, etc.; filing; allegations; notice to respondent; contents of notice; investigation by Commission; contents of charges; prohibition on disclosure of charges; determination of reasonable cause; conference, conciliation, and persuasion for elimination of unlawful practices; prohibition on disclosure of informal endeavors to end unlawful practices; use of evidence in subsequent proceedings; penalties for disclosure of information; time for determination of reasonable cause—** Whenever a charge is filed by or on behalf of a [person](/usc/42/2000e.md?p=a) claiming to be aggrieved, or by a member of the [Commission](/usc/42/2000ff.md?p=1), alleging that an [employer](/usc/42/2000e.md?p=b), [employment agency](/usc/42/2000e.md?p=c), [labor organization](/usc/42/2000e.md?p=d), or joint labor-management committee controlling apprenticeship or other [training](/usc/42/285e–2.md?p=b-2) or retraining, including on-the-job [training](/usc/42/285e–2.md?p=b-2) [programs](/usc/42/274l–1.md?p=4), has engaged in an unlawful employment practice, the [Commission](/usc/42/2000ff.md?p=1) shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such [employer](/usc/42/2000e.md?p=b), [employment agency](/usc/42/2000e.md?p=c), [labor organization](/usc/42/2000e.md?p=d), or joint labor-management committee (hereinafter referred to as the “[respondent](/usc/42/2000e.md?p=n)”) 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](/usc/42/2000ff.md?p=1) requires. Charges shall not be made public by the [Commission](/usc/42/2000ff.md?p=1). If the [Commission](/usc/42/2000ff.md?p=1) determines after such investigation that there is not reasonable [cause](/usc/42/9908.md?p=c-2) to believe that the charge is true, it shall dismiss the charge and promptly notify the [person](/usc/42/2000e.md?p=a) claiming to be aggrieved and the [respondent](/usc/42/2000e.md?p=n) of its action. In determining whether reasonable [cause](/usc/42/9908.md?p=c-2) exists, the [Commission](/usc/42/2000ff.md?p=1) shall accord substantial weight to final findings and orders made by [State](/usc/42/2000e.md?p=i) or local authorities in proceedings commenced under [State](/usc/42/2000e.md?p=i) or local law pursuant to the requirements of subsections [(c)](#c) and [(d)](#d). If the [Commission](/usc/42/2000ff.md?p=1) determines after such investigation that there is reasonable [cause](/usc/42/9908.md?p=c-2) to believe that the charge is true, the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1), its officers or [employees](/usc/42/2000e.md?p=f), or used as evidence in a subsequent proceeding without the written consent of the [persons](/usc/42/2000e.md?p=a) concerned. Any [person](/usc/42/2000e.md?p=a) who makes public information in [violation](/usc/42/2000e–16a.md?p=c) of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The [Commission](/usc/42/2000ff.md?p=1) shall make its determination on reasonable [cause](/usc/42/9908.md?p=c-2) 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)](#c) or [(d)](#d), from the date upon which the [Commission](/usc/42/2000ff.md?p=1) is authorized to take action with respect to the charge.
- (c) **State or local enforcement proceedings; notification of State or local authority; time for filing charges with Commission; commencement of proceedings—** In the case of an alleged unlawful employment practice occurring in a [State](/usc/42/2000e.md?p=i), or political subdivision of a [State](/usc/42/2000e.md?p=i), which has a [State](/usc/42/2000e.md?p=i) or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a [State](/usc/42/2000e.md?p=i) 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)](#a)[^1] by the [person](/usc/42/2000e.md?p=a) aggrieved before the expiration of sixty days after proceedings have been commenced under the [State](/usc/42/2000e.md?p=i) or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such [State](/usc/42/2000e.md?p=i) or local law. If any requirement for the commencement of such proceedings is imposed by a [State](/usc/42/2000e.md?p=i) 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](/usc/42/2000e.md?p=i) or local authority.
- (d) **State or local enforcement proceedings; notification of State or local authority; time for action on charges by Commission—** In the case of any charge filed by a member of the [Commission](/usc/42/2000ff.md?p=1) alleging an unlawful employment practice occurring in a [State](/usc/42/2000e.md?p=i) or political subdivision of a [State](/usc/42/2000e.md?p=i) which has a [State](/usc/42/2000e.md?p=i) or local law prohibiting the practice alleged and establishing or authorizing a [State](/usc/42/2000e.md?p=i) 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](/usc/42/2000ff.md?p=1) shall, before taking any action with respect to such charge, notify the appropriate [State](/usc/42/2000e.md?p=i) or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective day of such [State](/usc/42/2000e.md?p=i) or local law), unless a shorter period is requested, to act under such [State](/usc/42/2000e.md?p=i) or local law to remedy the practice alleged.
- (e) **Time for filing charges; time for service of notice of charge on respondent; filing of charge by Commission with State or local agency; seniority system—**
  - (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](/usc/42/2000e.md?p=a) 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](/usc/42/2000e.md?p=a) aggrieved has initially instituted proceedings with a [State](/usc/42/2000e.md?p=i) 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](/usc/42/2000e.md?p=a) aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the [State](/usc/42/2000e.md?p=i) or local agency has terminated the proceedings under the [State](/usc/42/2000e.md?p=i) or local law, whichever is earlier, and a copy of such charge shall be filed by the [Commission](/usc/42/2000ff.md?p=1) with the [State](/usc/42/2000e.md?p=i) 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](/usc/42/2000e–16a.md?p=c) of this subchapter (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](/usc/42/2000e.md?p=a) aggrieved is injured by the application of the seniority system or provision of the system.
  - (3)
    - (A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in [violation](/usc/42/2000e–16a.md?p=c) of this subchapter, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
    - (B) In addition to any relief authorized by [section 1981a of this title](/usc/42/1981a.md), liability may accrue and an aggrieved [person](/usc/42/2000e.md?p=a) may obtain relief as provided in [subsection (g)(1)](#g-1), including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment [practices](/usc/42/17061.md?p=19) that have occurred during the charge filing period are similar or related to unlawful employment [practices](/usc/42/17061.md?p=19) with regard to discrimination in compensation that occurred outside the time for filing a charge.
- (f) **Civil action by Commission, Attorney General, or person aggrieved; preconditions; procedure; appointment of attorney; payment of fees, costs, or security; intervention; stay of Federal proceedings; action for appropriate temporary or preliminary relief pending final disposition of charge; jurisdiction and venue of United States courts; designation of judge to hear and determine case; assignment of case for hearing; expedition of case; appointment of master—**
  - (1) If within thirty days after a charge is filed with the [Commission](/usc/42/2000ff.md?p=1) or within thirty days after expiration of any period of reference under subsection [(c)](#c) or [(d)](#d), the [Commission](/usc/42/2000ff.md?p=1) has been unable to secure from the [respondent](/usc/42/2000e.md?p=n) a conciliation [agreement](/usc/42/1320b–8.md?p=a-3-A) acceptable to the [Commission](/usc/42/2000ff.md?p=1), the [Commission](/usc/42/2000ff.md?p=1) may bring a civil action against any [respondent](/usc/42/2000e.md?p=n) not a government, governmental agency, or political subdivision named in the charge. In the case of a [respondent](/usc/42/2000e.md?p=n) which is a government, governmental agency, or political subdivision, if the [Commission](/usc/42/2000ff.md?p=1) has been unable to secure from the [respondent](/usc/42/2000e.md?p=n) a conciliation [agreement](/usc/42/1320b–8.md?p=a-3-A) acceptable to the [Commission](/usc/42/2000ff.md?p=1), the [Commission](/usc/42/2000ff.md?p=1) shall take no further action and shall refer the case to the [Attorney General](/usc/42/14902.md?p=6) who may bring a civil action against such [respondent](/usc/42/2000e.md?p=n) in the appropriate [United States](/usc/42/403.md?p=k) district court. The [person](/usc/42/2000e.md?p=a) or [persons](/usc/42/2000e.md?p=a) aggrieved shall have the right to intervene in a civil action brought by the [Commission](/usc/42/2000ff.md?p=1) or the [Attorney General](/usc/42/14902.md?p=6) in a case involving a government, governmental agency, or political subdivision. If a charge filed with the [Commission](/usc/42/2000ff.md?p=1) pursuant to [subsection (b)](#b), is dismissed by the [Commission](/usc/42/2000ff.md?p=1), 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)](#c) or [(d)](#d), whichever is later, the [Commission](/usc/42/2000ff.md?p=1) has not filed a civil action under this section or the [Attorney General](/usc/42/14902.md?p=6) has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the [Commission](/usc/42/2000ff.md?p=1) has not entered into a conciliation [agreement](/usc/42/1320b–8.md?p=a-3-A) to which the [person](/usc/42/2000e.md?p=a) aggrieved is a party, the [Commission](/usc/42/2000ff.md?p=1), or the [Attorney General](/usc/42/14902.md?p=6) in a case involving a government, governmental agency, or political subdivision, shall so notify the [person](/usc/42/2000e.md?p=a) aggrieved and within ninety days after the giving of such notice a civil action may be brought against the [respondent](/usc/42/2000e.md?p=n) named in the charge (A) by the [person](/usc/42/2000e.md?p=a) claiming to be aggrieved or (B) if such charge was filed by a member of the [Commission](/usc/42/2000ff.md?p=1), by any [person](/usc/42/2000e.md?p=a) whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the [complainant](/usc/42/3602.md?p=j) and in such circumstances as the court may deem just, the court may appoint an attorney for such [complainant](/usc/42/3602.md?p=j) 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](/usc/42/2000ff.md?p=1), or the [Attorney General](/usc/42/14902.md?p=6) 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](/usc/42/2000e.md?p=i) or local proceedings described in subsection [(c)](#c) or [(d)](#d) of this section or further efforts of the [Commission](/usc/42/2000ff.md?p=1) to obtain voluntary compliance.
  - (2) Whenever a charge is filed with the [Commission](/usc/42/2000ff.md?p=1) and the [Commission](/usc/42/2000ff.md?p=1) concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this Act, the [Commission](/usc/42/2000ff.md?p=1), or the [Attorney General](/usc/42/14902.md?p=6) 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](/usc/28a/civil-65.md) 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](/usc/42/9908.md?p=c-2) such cases to be in every way expedited.
  - (3) Each [United States](/usc/42/403.md?p=k) district court and each [United States](/usc/42/403.md?p=k) court of a place subject to the jurisdiction of the [United States](/usc/42/403.md?p=k) shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the [State](/usc/42/2000e.md?p=i) 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](/usc/42/2000e.md?p=a) would have worked but for the alleged unlawful employment practice, but if the [respondent](/usc/42/2000e.md?p=n) is not found within any such district, such an action may be brought within the judicial district in which the [respondent](/usc/42/2000e.md?p=n) has his principal [office](/usc/42/3058f.md?p=1). For purposes of sections [1404](/usc/28/1404.md) and [1406](/usc/28/1406.md) of title 28, the judicial district in which the [respondent](/usc/42/2000e.md?p=n) has his principal [office](/usc/42/3058f.md?p=1) 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](/usc/42/9908.md?p=c-2) 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](/usc/28a/civil-53.md) of the Federal Rules of Civil Procedure.
- (g) **Injunctions; appropriate affirmative action; equitable relief; accrual of back pay; reduction of back pay; limitations on judicial orders—**
  - (1) If the court finds that the [respondent](/usc/42/2000e.md?p=n) has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the [respondent](/usc/42/2000e.md?p=n) 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](/usc/42/2000e.md?p=f), with or without back pay (payable by the [employer](/usc/42/2000e.md?p=b), [employment agency](/usc/42/2000e.md?p=c), or [labor organization](/usc/42/2000e.md?p=d), 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](/usc/42/2000ff.md?p=1). Interim earnings or amounts earnable with reasonable diligence by the [person](/usc/42/2000e.md?p=a) or [persons](/usc/42/2000e.md?p=a) 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](/usc/42/2000e.md?p=f), 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](/usc/42/2000e.md?p=j), sex, or national origin or in [violation](/usc/42/2000e–16a.md?p=c) of [section 2000e–3(a) of this title](/usc/42/2000e–3.md?p=a).
    - (B) On a [claim](/usc/42/1320a–7a.md?p=i-2) in which an individual proves a [violation](/usc/42/2000e–16a.md?p=c) under [section 2000e–2(m) of this title](/usc/42/2000e–2.md?p=m) and a [respondent](/usc/42/2000e.md?p=n) [demonstrates](/usc/42/2000e.md?p=m) that the [respondent](/usc/42/2000e.md?p=n) 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)](#g-2-B-ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a [claim](/usc/42/1320a–7a.md?p=i-2) under [section 2000e–2(m) of this title](/usc/42/2000e–2.md?p=m); and
      - (ii) shall not award [damages](/usc/42/9601.md?p=6) or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in [subparagraph (A)](#g-2-A).
- (h) **Provisions of chapter 6 of title 29 not applicable to civil actions for prevention of unlawful practices—** The provisions of [chapter 6](/usc/29/ch6.md) of title 29 shall not apply with respect to civil actions brought under this section.
- (i) **Proceedings by Commission to compel compliance with judicial orders—** In any case in which an [employer](/usc/42/2000e.md?p=b), [employment agency](/usc/42/2000e.md?p=c), or [labor organization](/usc/42/2000e.md?p=d) fails to comply with an order of a court issued in a civil action brought under this section, the [Commission](/usc/42/2000ff.md?p=1) may commence proceedings to compel compliance with such order.
- (j) **Appeals—** Any civil action brought under this section and any proceedings brought under [subsection (i)](#i) shall be subject to appeal as provided in sections 1291 and 1292, [title 28](/usc/28.md).
- (k) **Attorney’s fee; liability of Commission and United States for costs—** In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the [Commission](/usc/42/2000ff.md?p=1) or the [United States](/usc/42/403.md?p=k), a reasonable attorney’s fee (including expert fees) as part of the costs, and the [Commission](/usc/42/2000ff.md?p=1) and the [United States](/usc/42/403.md?p=k) shall be liable for costs the same as a private [person](/usc/42/2000e.md?p=a).

# §2000e–6. Civil actions by the Attorney General

- (a) **Complaint—** Whenever the [Attorney General](/usc/42/14902.md?p=6) has reasonable [cause](/usc/42/9908.md?p=c-2) to believe that any [person](/usc/42/2000e.md?p=a) or group of [persons](/usc/42/2000e.md?p=a) 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](/usc/42/14902.md?p=6) may bring a civil action in the appropriate district court of the [United States](/usc/42/403.md?p=k) by filing with it a complaint (1) signed by him (or in his absence the Acting [Attorney General](/usc/42/14902.md?p=6)), (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](/usc/42/2000e.md?p=a) or [persons](/usc/42/2000e.md?p=a) responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.
- (b) **Jurisdiction; three-judge district court for cases of general public importance: hearing, determination, expedition of action, review by Supreme Court; single judge district court: hearing, determination, expedition of action—** The district courts of the [United States](/usc/42/403.md?p=k) shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the [Attorney General](/usc/42/14902.md?p=6) 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](/usc/42/14902.md?p=6) 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 three-judge 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](/usc/42/9908.md?p=c-2) 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](/usc/42/14902.md?p=6) 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](/usc/42/9908.md?p=c-2) the case to be in every way expedited.

- (c) **Transfer of functions, etc., to Commission; effective date; prerequisite to transfer; execution of functions by Commission—** Effective two years after March 24, 1972, the functions of the [Attorney General](/usc/42/14902.md?p=6) under this section shall be transferred to the [Commission](/usc/42/2000ff.md?p=1), together with such personnel, property, records, and unexpended balances of appropriations, [allocations](/usc/42/2021b.md?p=2), and other [funds](/usc/42/12854.md?p=3) 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](/usc/5/chptI-ch9.md) of title 5, inconsistent with the provisions of this subsection. The [Commission](/usc/42/2000ff.md?p=1) shall carry out such functions in accordance with subsections [(d)](#d) and [(e)](#e) of this section.
- (d) **Transfer of functions, etc., not to affect suits commenced pursuant to this section prior to date of transfer—** Upon the transfer of functions provided for in [subsection (c)](#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](/usc/42/2000ff.md?p=1) shall be substituted as a party for the [United States](/usc/42/403.md?p=k) of America, the [Attorney General](/usc/42/14902.md?p=6), or the Acting [Attorney General](/usc/42/14902.md?p=6), as appropriate.
- (e) **Investigation and action by Commission pursuant to filing of charge of discrimination; procedure—** Subsequent to March 24, 1972, the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000e.md?p=a) claiming to be aggrieved or by a member of the [Commission](/usc/42/2000ff.md?p=1). All such actions shall be conducted in accordance with the procedures set forth in [section 2000e–5 of this title](/usc/42/2000e–5.md).