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42 U.S.C. § 2000e–4 — Equal Employment Opportunity Commission

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000e–4 — Equal Employment Opportunity Commission

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Stable record: federal_law:legal_authorities:record_usc_4ff19af5868c5c344bcea607
Source file: Laws/federal/codes/united-states-code/title-42/section-2000e4-equal-employment-opportunity-commission--2e33f4638d.md
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Source location: Title 42, Chapter 21, § 2000e–4; chapter-021-civil-rights.md

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**(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 to be known as the Equal Employment Opportunity Commission, 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 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 shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission 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, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b), shall appoint, in accordance with the provisions of title 5 governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges, and employees 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 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 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 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 and 2000e–6 of this title. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission 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, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter. **(c) Exercise of powers during vacancy; quorum** A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum. **(d) Seal; judicial notice** The Commission shall have an official seal which shall be judicially noticed. **(e) Reports to Congress and the President** The Commission 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 of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable. **(f) Principal and other offices** The principal office of the Commission 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 may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter. **(g) Powers of Commission** The Commission shall have power— (1) to cooperate with and, with their consent, utilize regional, State, 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 or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States; (3) to furnish to persons 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, whose employees or some of them, or (ii) any labor organization, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-5&num=0&edition=prelim) by an aggrieved party against a respondent 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 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 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; and (B) individuals on whose behalf the Commission 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 of the Commission shall be subject to the provisions of section 7324 11 See References in Text note below. of title 5, notwithstanding any exemption contained in such section. **(j) Technical Assistance Training Institute** (1) The Commission shall establish a Technical Assistance Training Institute, through which the Commission shall provide technical assistance and training regarding the laws and regulations enforced by the Commission. (2) An employer 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 a revolving fund to be known as the “EEOC Education, Technical Assistance, and Training Revolving Fund” (hereinafter in this subsection referred to as the “Fund”) and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes. (2) (A) The Commission shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and training provided with monies in the Fund. Such fees for any education, technical assistance, or training— (i) shall be imposed on a uniform basis on persons and entities receiving such education, assistance, or training, (ii) shall not exceed the cost of providing such education, assistance, and training, and (iii) with respect to each person or entity receiving such education, assistance, or training, shall bear a reasonable relationship to the cost of providing such education, assistance, or training to such person or entity. (B) Fees received under subparagraph (A) shall be deposited in the Fund by the Commission. (C) The Commission shall include in each report made under subsection (e) information with respect to the operation of the Fund, including information, presented in the aggregate, relating to— (i) the number of persons and entities to which the Commission provided education, technical assistance, or training with monies in the Fund, in the fiscal year for which such report is prepared, (ii) the cost to the Commission to provide such education, technical assistance, or training to such persons and entities, and (iii) the amount of any fees received by the Commission from such persons and entities for such education, technical assistance, or training. (3) The Secretary of the Treasury shall invest the portion of the Fund not required to satisfy current expenditures from the Fund, as determined by the Commission, in obligations of the United States or obligations guaranteed as to principal by the United States. Investment proceeds shall be deposited in the Fund. (4) There is hereby transferred to the Fund $1,000,000 from the Salaries and Expenses appropriation of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000e — Definitions

For the purposes of this subchapter— **(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. **(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. **(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 791 — Research and demonstration projects

**(a) Multiple and interrelated service needs of individuals with handicaps; report to Congress** The Secretary of Education is authorized to make grants to, and to enter into contract with, public and nonprofit agencies and organizations for the purpose of research and demonstration projects specifically designed to address the multiple and interrelated service needs of individuals with handicaps, the elderly, and children, youths, adults, and families. A report evaluating each project funded under this section shall be submitted to appropriate committees of the Congress within four months after the date each such project is completed. **(b) Authorization of appropriations** There are authorized to be appropriated to carry out this section such sums as may be necessary. No funds other than those appropriated pursuant to this subsection can be used for the conduct of research specifically authorized by this section. **(c) Study on impact of vocational rehabilitation services; transmittal to Congress** Within one year after the date appropriations are made under subsection (b) for purposes of research and demonstration projects under subsection (a), the Secretary shall prepare and transmit to the Congress a study concerning the impact of vocational rehabilitation services provided under the Rehabilitation Act of 1973 [[29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.] on recipients of disability payments under titles II and XVI of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq., 1381 et seq.]. The study shall examine the relationship between the vocational rehabilitation services provided unde

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1981 — Equal rights under the law

**(a) Statement of equal rights** All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. **(b) “Make and enforce contracts” defined** For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. **(c) Protection against impairment** The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1981

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 259 — Reliance in future on administrative rulings, etc.

**(a)** In any action or proceeding based on any act or omission on or after May 14, 1947, no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,11 See References in Text note below. if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administrative regulation, order, ruling, approval, or interpretation, of the agency of the United States specified in subsection (b) of this section, or any administrative practice or enforcement policy of such agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect. **(b)** The agency referred to in subsection (a) shall be— (1) in the case of the Fair Labor Standards Act of 1938, as amended [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.]—the Administrator of the Wage and Hour Division of the Department of Labor; (2) in the case of the Walsh-Healey Act—the Secretary of Labor, or any Federal officer utilized by him in the administration of such Act; and (3) in the case of the Bacon-Davis Act 1—the Secretary of Labor.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 906 — Effective date and publication of reorganization plans

**(a)** Except as provided under subsection (c) of this section, a reorganization plan shall be effective upon approval by the President of a resolution (as defined in section 909) with respect to such plan, if such resolution is passed by the House of Representatives and the Senate, within the first period of 90 calendar days of continuous session of Congress after the date on which the plan is transmitted to Congress. Failure of either House to act upon such resolution by the end of such period shall be the same as disapproval of the resolution. **(b)** For the purpose of this chapter— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. **(c)** Under provisions contained in a reorganization plan, any provision thereof may be effective at a time later than the date on which the plan otherwise is effective. **(d)** A reorganization plan which is effective shall be printed (1) in the Statutes at Large in the same volume as the public laws and (2) in the Federal Register.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3001 — Congressional declaration of objectives

The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity—after years of contribution to the economy. (7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 105 — Executive agency

For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 621 — Congressional statement of findings and purpose

**(a)** The Congress hereby finds and declares that— (1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; (2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; (3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; (4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce. **(b)** It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7323 — Political activity authorized; prohibitions

**(a)** Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election; (2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is— (A) a member of the same Federal labor organization as defined under [section 7103(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/4&num=0&edition=prelim) or a Federal employee organization which as of the date of enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ([2 U.S.C. 441a(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section441a/a/4&num=0&edition=prelim))); 11 See References in Text note below. (B) not a subordinate employee; and (C) the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ([2 U.S.C. 441a(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section441a/a/4&num=0&edition=prelim))) 1 of such Federal labor organization as defined under [section 7103(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/4&num=0&edition=prelim) or a Federal employee organization which as of the date of the enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ([2 U.S.C. 441a(a)(4)](h

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7323

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