--- kind: "range" citation: "42 U.S.C. §§ 2000e–8–2000e–10" title: "42" from: "2000e–8" to: "2000e–10" count: 3 release: "119-102" url: "https://uscodex.org/usc/42/2000e-8..2000e-10" --- # §2000e–8. Investigations - (a) **Examination and copying of evidence related to unlawful employment practices—** In connection with any investigation of a charge filed under [section 2000e–5 of this title](/usc/42/2000e–5.md), the [Commission](/usc/42/2000ff.md?p=1) or its designated [representative](/usc/42/3058f.md?p=5) shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any [person](/usc/42/2000e.md?p=a) being investigated or proceeded against that relates to unlawful employment [practices](/usc/42/17061.md?p=19) covered by this subchapter and is relevant to the charge under investigation. - (b) **Cooperation with State and local agencies administering State fair employment practices laws; participation in and contribution to research and other projects; utilization of services; payment in advance or reimbursement; agreements and rescission of agreements—** The [Commission](/usc/42/2000ff.md?p=1) may cooperate with [State](/usc/42/2000e.md?p=i) and local agencies charged with the administration of [State](/usc/42/2000e.md?p=i) fair employment [practices](/usc/42/17061.md?p=19) 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](/usc/42/12854.md?p=3) appropriated specifically for such purpose, engage in and contribute to the cost of research and other [projects](/usc/42/11360.md?p=20) of mutual interest undertaken by such agencies, and utilize the services of such agencies and their [employees](/usc/42/2000e.md?p=f), and, notwithstanding any other provision of law, pay by advance or reimbursement such agencies and their [employees](/usc/42/2000e.md?p=f) for services rendered to assist the [Commission](/usc/42/2000ff.md?p=1) in carrying out this subchapter. In furtherance of such cooperative efforts, the [Commission](/usc/42/2000ff.md?p=1) may enter into written [agreements](/usc/42/1320b–8.md?p=a-3-A) with such [State](/usc/42/2000e.md?p=i) or local agencies and such [agreements](/usc/42/1320b–8.md?p=a-3-A) may include provisions under which the [Commission](/usc/42/2000ff.md?p=1) shall refrain from processing a charge in any cases or class of cases specified in such [agreements](/usc/42/1320b–8.md?p=a-3-A) or under which the [Commission](/usc/42/2000ff.md?p=1) shall relieve any [person](/usc/42/2000e.md?p=a) or class of [persons](/usc/42/2000e.md?p=a) in such [State](/usc/42/2000e.md?p=i) or locality from requirements imposed under this section. The [Commission](/usc/42/2000ff.md?p=1) shall rescind any such [agreement](/usc/42/1320b–8.md?p=a-3-A) whenever it determines that the [agreement](/usc/42/1320b–8.md?p=a-3-A) no longer serves the interest of effective enforcement of this subchapter. - (c) **Execution, retention, and preservation of records; reports to Commission; training program records; appropriate relief from regulation or order for undue hardship; procedure for exemption; judicial action to compel compliance—** Every [employer](/usc/42/2000e.md?p=b), [employment agency](/usc/42/2000e.md?p=c), and [labor organization](/usc/42/2000e.md?p=d) subject to this subchapter shall (1) make and keep such records relevant to the determinations of whether unlawful employment [practices](/usc/42/17061.md?p=19) have been or are being committed, (2) preserve such records for such periods, and (3) make such reports therefrom as the [Commission](/usc/42/2000ff.md?p=1) 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](/usc/42/2000ff.md?p=1) shall, by regulation, require each [employer](/usc/42/2000e.md?p=b), [labor organization](/usc/42/2000e.md?p=d), and joint labor-management committee subject to this subchapter which controls an apprenticeship or other [training](/usc/42/285e–2.md?p=b-2) [program](/usc/42/274l–1.md?p=4) 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](/usc/42/274l–1.md?p=4), including the chronological order in which applications were received, and to furnish to the [Commission](/usc/42/2000ff.md?p=1) upon request, a detailed description of the manner in which [persons](/usc/42/2000e.md?p=a) are selected to participate in the apprenticeship or other [training](/usc/42/285e–2.md?p=b-2) [program](/usc/42/274l–1.md?p=4). Any [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 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](/usc/42/2000ff.md?p=1) 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](/usc/42/403.md?p=k) district court for the district where such records are kept. If the [Commission](/usc/42/2000ff.md?p=1) or the court, as the case may be, finds that the application of the regulation or order to 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) in question would impose an undue hardship, the [Commission](/usc/42/2000ff.md?p=1) or the court, as the case may be, may grant appropriate relief. If any [person](/usc/42/2000e.md?p=a) required to comply with the provisions of this subsection fails or refuses to do so, the [United States](/usc/42/403.md?p=k) district court for the district in which such [person](/usc/42/2000e.md?p=a) is found, resides, or transacts business, shall, upon application of 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, have jurisdiction to issue to such [person](/usc/42/2000e.md?p=a) an order requiring him to comply. - (d) **Consultation and coordination between Commission and interested State and Federal agencies in prescribing recordkeeping and reporting requirements; availability of information furnished pursuant to recordkeeping and reporting requirements; conditions on availability—** In prescribing requirements pursuant to [subsection (c)](#c) of this section, the [Commission](/usc/42/2000ff.md?p=1) shall consult with other interested [State](/usc/42/2000e.md?p=i) and Federal agencies and shall endeavor to coordinate its requirements with those adopted by such agencies. The [Commission](/usc/42/2000ff.md?p=1) shall furnish upon request and without cost to any [State](/usc/42/2000e.md?p=i) or local agency charged with the administration of a fair employment practice law information obtained pursuant to [subsection (c)](#c) of this section from any [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 subject to the jurisdiction of such agency. Such information shall be furnished on condition that it not be made public by the [recipient](/usc/42/2996a.md?p=6) agency prior to the institution of a proceeding under [State](/usc/42/2000e.md?p=i) or local law involving such information. If this condition is violated by a [recipient](/usc/42/2996a.md?p=6) agency, the [Commission](/usc/42/2000ff.md?p=1) may decline to honor subsequent requests pursuant to this subsection. - (e) **Prohibited disclosures; penalties—** It shall be unlawful for any officer or [employee](/usc/42/2000e.md?p=f) of the [Commission](/usc/42/2000ff.md?p=1) to make public in any manner whatever any information obtained by the [Commission](/usc/42/2000ff.md?p=1) pursuant to its authority under this section prior to the institution of any proceeding under this subchapter involving such information. Any officer or [employee](/usc/42/2000e.md?p=f) of the [Commission](/usc/42/2000ff.md?p=1) who shall make public in any manner whatever any information in [violation](/usc/42/2000e–16a.md?p=c) 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. # §2000e–9. Conduct of hearings and investigations pursuant to section 161 of title 29 For the purpose of all hearings and investigations conducted by the [Commission](/usc/42/2000ff.md?p=1) or its duly authorized agents or agencies, [section 161 of title 29](/usc/29/161.md) shall apply. # §2000e–10. Posting of notices; penalties - (a) Every [employer](/usc/42/2000e.md?p=b), [employment agency](/usc/42/2000e.md?p=c), and [labor organization](/usc/42/2000e.md?p=d), as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to [employees](/usc/42/2000e.md?p=f), applicants for employment, and members are customarily posted a notice to be prepared or approved by the [Commission](/usc/42/2000ff.md?p=1) setting forth excerpts, from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint. - (b) A willful [violation](/usc/42/2000e–16a.md?p=c) of this section shall be punishable by a fine of not more than $100 for each separate offense.