---
kind: "section"
citation: "42 U.S.C. § 2000e–8"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2000e–8"
heading: "Investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2000e-8"
units:
  - "Chapter 21 — Civil Rights"
  - "Subchapter VI — Equal Employment Opportunities"
---

# §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 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](/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 may cooperate with [State](/usc/42/2000e.md?p=i) and local [agencies](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1), 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](/usc/42/13641.md?p=2) of mutual interest undertaken by such [agencies](/usc/42/8262.md?p=1), and utilize the services of such [agencies](/usc/42/8262.md?p=1) and their [employees](/usc/42/2000e.md?p=f), and, notwithstanding any other provision of law, pay by advance or reimbursement such [agencies](/usc/42/8262.md?p=1) and their [employees](/usc/42/2000e.md?p=f) 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](/usc/42/2000e.md?p=i) or local [agencies](/usc/42/8262.md?p=1) 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](/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 shall rescind any such agreement whenever it determines that the agreement 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 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](/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 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](/usc/42/2000e.md?p=a) are selected to participate in the apprenticeship or other training program. 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 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](/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 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 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, or the Attorney General in a case involving a government, governmental [agency](/usc/42/8262.md?p=1) 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 shall consult with other interested [State](/usc/42/2000e.md?p=i) and Federal [agencies](/usc/42/8262.md?p=1) and shall endeavor to coordinate its requirements with those adopted by such [agencies](/usc/42/8262.md?p=1). The Commission shall furnish upon request and without cost to any [State](/usc/42/2000e.md?p=i) or local [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1). Such information shall be furnished on condition that it not be made public by the recipient [agency](/usc/42/8262.md?p=1) 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 [agency](/usc/42/8262.md?p=1), the Commission 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 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](/usc/42/2000e.md?p=f) of the Commission 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.

## Source credit

(Pub. L. 88–352, title VII, § 709, July 2, 1964, 78 Stat. 262; Pub. L. 92–261, § 6, Mar. 24, 1972, 86 Stat. 107.)

## Notes

### Editorial Notes

### Amendments

1972—Subsec. (b). Pub. L. 92–261 inserted provisions authorizing the Commission to engage in and contribute to the cost of research and other projects undertaken by State and local agencies and provisions authorizing the Commission to make advance payments to State and local agencies and their employees for services rendered to the Commission, and struck out provisions relating to agreements between the Commission and State and local agencies prohibiting private civil actions under section 2000e–5 of this title in specified cases.

Subsec. (c). Pub. L. 92–261 struck out “Except as provided in subsection (d) of this section,” before “every employer, employment agency, and labor organization subject to this subchapter shall (1)”, required the party seeking an exemption to bring an action in the district court only after the Commission denied the application for the exemption, and inserted provision which authorized the Commission, or the Attorney General in a case involving a government, etc., to apply for a court order compelling compliance with the recordkeeping and reporting obligations set out in this subsection.

Subsec. (d). Pub. L. 92–261 substituted provisions requiring consultation and coordination between Federal and State agencies in prescribing recordkeeping and reporting requirements pursuant to subsec. (c) of this section, and authorizing the Commission to furnish information obtained pursuant to subsec. (c) of this section to interested State and local agencies, for provisions exempting from recordkeeping and reporting requirements employers, etc., required to keep records and make reports under State or local fair employment practice laws, except for the maintenance of notations by such employers, etc., which reflect the differences in coverage or enforcement between State or local laws and the provisions of this subchapter, and dispensing with recordkeeping and reporting requirements where the employer reports under some Executive Order prescribing fair employment practices for Government contractors or subcontractors.