Title VII of Civil Rights Act of 1964

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

and such other policy as may be provided pursuant to law applied uniformly to de facto segregation wherever found.
(c) Prohibition of construction for diminution of
obligation for enforcement or compliance
with nondiscrimination requirements
Nothing in this section shall be construed to
diminish the obligation of responsible officials
to enforce or comply with such guidelines and
criteria in order to eliminate discrimination in
federally assisted programs and activities as required by title VI of the Civil Rights Act of 1964
[42 U.S.C. 2000d et seq.].
(d) Additional funds
It is the sense of the Congress that the Department of Justice and the Secretary of Education
should request such additional funds as may be
necessary to apply the policy set forth in this
section throughout the United States.
(Pub. L. 91–230, § 2, Apr. 13, 1970, 84 Stat. 121; Pub.
L. 96–88, title III, § 301, title V, § 507, Oct. 17, 1979,
93 Stat. 677, 692.)
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsecs.
(a) and (c), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241,
as amended. Title VI of the Civil Rights Act of 1964 is
classified generally to this subchapter (§ 2000d et seq.).
For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.
CODIFICATION
Section was enacted as part of the Elementary and
Secondary Education Amendments of 1969, and not as
part of the Civil Rights Act of 1964, title VI of which
comprises this subchapter.
TRANSFER OF FUNCTIONS
‘‘Secretary of Education’’ substituted for ‘‘Department of Health, Education, and Welfare’’ in subsec. (d)
pursuant to sections 301 and 507 of Pub. L. 96–88, which
are classified to sections 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Department and Secretary of
Health, Education, and Welfare to Secretary of Education.

§ 2000d–7. Civil rights remedies equalization
(a) General provision
(1) A State shall not be immune under the
Eleventh Amendment of the Constitution of the
United States from suit in Federal court for a
violation of section 504 of the Rehabilitation Act
of 1973 [29 U.S.C. 794], title IX of the Education
Amendments of 1972 [20 U.S.C. 1681 et seq.], the
Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.], or the provisions of any
other Federal statute prohibiting discrimination
by recipients of Federal financial assistance.
(2) In a suit against a State for a violation of
a statute referred to in paragraph (1), remedies
(including remedies both at law and in equity)
are available for such a violation to the same
extent as such remedies are available for such a
violation in the suit against any public or private entity other than a State.
(b) Effective date
The provisions of subsection (a) shall take effect with respect to violations that occur in
whole or in part after October 21, 1986.

§ 2000e

(Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100
Stat. 1845.)
REFERENCES IN TEXT
The Education Amendments of 1972, referred to in
subsec. (a)(1), is Pub. L. 92–318, June 23, 1972, 86 Stat.
235, as amended. Title IX of the Act, known as the
Patsy Takemoto Mink Equal Opportunity in Education
Act, is classified principally to chapter 38 (§ 1681 et seq.)
of Title 20, Education. For complete classification of
title IX to the Code, see Short Title note set out under
section 1681 of Title 20 and Tables.
The Age Discrimination Act of 1975, referred to in
subsec. (a)(1), is title III of Pub. L. 94–135, Nov. 28, 1975,
89 Stat. 728, as amended, which is classified generally
to chapter 76 (§ 6101 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 6101 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec.
(a)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as
amended. Title VI of the Civil Rights Act of 1964 is classified generally to this subchapter (§ 2000d et seq.). For
complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.
CODIFICATION
Section was enacted as part of the Rehabilitation Act
Amendments of 1986, and not as part of the Civil Rights
Act of 1964, title VI of which comprises this subchapter.

SUBCHAPTER VI—EQUAL EMPLOYMENT
OPPORTUNITIES
§ 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), 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, 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 agent of such an
organization, and includes any organization of
any kind, any agency, or employee representa-

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion committee, group, association, or plan so
engaged in which employees participate and
which exists for the purpose, in whole or in
part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay,
hours, or other terms or conditions of employment, and any conference, general committee,
joint or system board, or joint council so engaged which is subordinate to a national or
international labor organization.
(e) A labor organization shall be deemed to
be engaged in an industry affecting commerce
if (1) it maintains or operates a hiring hall or
hiring office which procures employees for an
employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate
number of the members of such other labor organization) is (A) twenty-five or more during
the first year after March 24, 1972, or (B) fifteen or more thereafter, and such labor organization—
(1) is the certified representative of employees under the provisions of the National
Labor Relations Act, as amended [29 U.S.C.
151 et seq.], or the Railway Labor Act, as
amended [45 U.S.C. 151 et seq.];
(2) although not certified, is a national or
international labor organization or a local
labor organization recognized or acting as
the representative of employees of an employer or employers engaged in an industry
affecting commerce; or
(3) has chartered a local labor organization
or subsidiary body which is representing or
actively seeking to represent employees of
employers within the meaning of paragraph
(1) or (2); or
(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of
paragraph (1) or (2) as the local or subordinate body through which such employees
may enjoy membership or become affiliated
with such labor organization; or
(5) is a conference, general committee,
joint or system board, or joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.
(f) The term ‘‘employee’’ means an individual employed by an employer, except that
the term ‘‘employee’’ shall not include any
person elected to public office in any State or
political subdivision of any State by the qualified voters thereof, or any person chosen by
such officer to be on such officer’s personal
staff, or an appointee on the policy making
level or an immediate adviser with respect to
the exercise of the constitutional or legal powers of the office. The exemption set forth in
the preceding sentence shall not include employees subject to the civil service laws of a
State government, governmental agency or
political subdivision. With respect to employment in a foreign country, such term includes
an individual who is a citizen of the United
States.

Page 4936

(g) The term ‘‘commerce’’ means trade, traffic, commerce, transportation, transmission,
or communication among the several States;
or between a State and any place outside
thereof; or within the District of Columbia, or
a possession of the United States; or between
points in the same State but through a point
outside thereof.
(h) The term ‘‘industry affecting commerce’’
means any activity, business, or industry in
commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow
of commerce and includes any activity or industry ‘‘affecting commerce’’ within the
meaning of the Labor-Management Reporting
and Disclosure Act of 1959 [29 U.S.C. 401 et
seq.], and further includes any governmental
industry, business, or activity.
(i) The term ‘‘State’’ includes a State of the
United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa,
Guam, Wake Island, the Canal Zone, and Outer
Continental Shelf lands defined in the Outer
Continental Shelf Lands Act [43 U.S.C. 1331 et
seq.].
(j) The term ‘‘religion’’ includes all aspects
of religious observance and practice, as well as
belief, unless an employer demonstrates that
he is unable to reasonably accommodate to an
employee’s or prospective employee’s religious
observance or practice without undue hardship
on the conduct of the employer’s business.
(k) The terms ‘‘because of sex’’ or ‘‘on the
basis of sex’’ include, but are not limited to,
because of or on the basis of pregnancy, childbirth, or related medical conditions; and
women affected by pregnancy, childbirth, or
related medical conditions shall be treated the
same for all employment-related purposes, including receipt of benefits under fringe benefit
programs, as other persons not so affected but
similar in their ability or inability to work,
and nothing in section 2000e–2(h) of this title
shall be interpreted to permit otherwise. This
subsection shall not require an employer to
pay for health insurance benefits for abortion,
except where the life of the mother would be
endangered if the fetus were carried to term,
or except where medical complications have
arisen from an abortion: Provided, That nothing herein shall preclude an employer from
providing abortion benefits or otherwise affect
bargaining agreements in regard to abortion.
(l) The term ‘‘complaining party’’ means the
Commission, the Attorney General, or a person who may bring an action or proceeding
under this subchapter.
(m) The term ‘‘demonstrates’’ means meets
the burdens of production and persuasion.
(n) The term ‘‘respondent’’ means an employer, employment agency, labor organization, joint labor-management committee controlling apprenticeship or other training or retraining program, including an on-the-job
training program, or Federal entity subject to
section 2000e–16 of this title.
(Pub. L. 88–352, title VII, § 701, July 2, 1964, 78
Stat. 253; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80
Stat. 662; Pub. L. 92–261, § 2, Mar. 24, 1972, 86
Stat. 103; Pub. L. 95–555, § 1, Oct. 31, 1978, 92 Stat.
2076; Pub. L. 95–598, title III, § 330, Nov. 6, 1978, 92

Page 4937

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Stat. 2679; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 102–166, title I, §§ 104, 109(a),
Nov. 21, 1991, 105 Stat. 1074, 1077.)
REFERENCES IN TEXT
The National Labor Relations Act, as amended, referred to in subsec. (e)(1), is act July 5, 1935, ch. 372, 49
Stat. 449, which is classified generally to subchapter II
(§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section
167 of Title 29 and Tables.
The Railway Labor Act, referred to in subsec. (e)(1),
is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45,
Railroads. For complete classification of this Act to
the Code, see section 151 of Title 45 and Tables.
The Labor-Management Reporting and Disclosure
Act of 1959, referred to in subsec. (h), is Pub. L. 86–257,
Sept. 14, 1959, 73 Stat. 519, which is classified principally to chapter 11 (§ 401 et seq.) of Title 29, Labor.
For complete classification of this Act to the Code, see
Short Title note set out under section 401 of Title 29
and Tables.
For definition of Canal Zone, referred to in subsec.
(i), see section 3602(b) of Title 22, Foreign Relations and
Intercourse.
The Outer Continental Shelf Lands Act, referred to in
subsec. (i), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which
is classified generally to subchapter III (§ 1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note
set out under section 1301 of Title 43 and Tables.
AMENDMENTS
1991—Subsec. (f). Pub. L. 102–166, § 109(a), inserted at
end ‘‘With respect to employment in a foreign country,
such term includes an individual who is a citizen of the
United States.’’
Subsecs. (l) to (n). Pub. L. 102–166, § 104, added subsecs.
(l) to (n).
1986—Subsec. (b). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’, which for purposes of codification was translated
as ‘‘title 26’’ thus requiring no change in text.
1978—Subsec. (a). Pub. L. 95–598 substituted ‘‘trustees
in cases under title 11’’ for ‘‘trustees in bankruptcy’’.
Subsec. (k). Pub. L. 95–555 added subsec. (k).
1972—Subsec. (a). Pub. L. 92–261, § 2(1), included within
‘‘person’’ governments, governmental agencies, and political subdivisions.
Subsec. (b). Pub. L. 92–261, § 2(2), substituted ‘‘fifteen
or more employees’’ for ‘‘twenty-five or more employees’’, extended coverage to include State and local governments, excepted from coverage 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, and substituted provisions under
which persons having fewer than twenty-five employees
during the first year after March 24, 1972, were not to
be considered employers, for provisions under which
persons having fewer than a specified number of employees during the first year after the effective date of
this section, and the second and third years after such
date were not to be considered employers.
Subsec. (c). Pub. L. 92–261, § 2(3), struck out from term
‘‘employment agency’’ exemption from coverage for
agencies of the United States, States or political subdivisions of States, other than the United States Employment Service and the system of State and local
employment services receiving Federal assistance.
Subsec. (e). Pub. L. 92–261, § 2(4), substituted provisions which set forth the number of members for a
labor organization to be deemed to be engaged in an industry affecting commerce as twenty-five or more during the first year after March 24, 1972, and fifteen or
more thereafter, for provisions which set forth the
number of members for a labor organization to be
deemed to be engaged in an industry affecting commerce as one hundred or more during the first year

§ 2000e

after the effective date of this section, seventy-five or
more during the second year after such date, fifty or
more during the third year after such date, and twentyfive or more thereafter.
Subsec. (f). Pub. L. 92–261, § 2(5), inserted provisions
enumerating persons excepted from term ‘‘employee’’.
Subsec. (h). Pub. L. 92–261, § 2(6), inserted ‘‘, and further includes any governmental industry, business, or
activity’’ after ‘‘Labor-Management Reporting and Disclosure Act of 1959’’.
Subsec. (j). Pub. L. 92–261, § 2(7), added subsec. (j).
1966—Subsec. (b). Pub. L. 89–554 struck out proviso
which stated that it shall be the policy of the United
States to insure equal employment opportunities for
Federal employees without discrimination because of
race, color, religion, sex, or national origin and directed the President to utilize his existing authority to
effectuate this policy.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by section 104 of Pub. L. 102–166 effective
Nov. 21, 1991, except as otherwise provided, see section
402 of Pub. L. 102–166, set out as a note under section
1981 of this title.
Pub. L. 102–166, title I, § 109(c) Nov. 21, 1991, 105 Stat.
1078, provided that: ‘‘The amendments made by this
section [amending this section and sections 2000e–1,
12111, and 12112 of this title] shall not apply with respect to conduct occurring before the date of the enactment of this Act [Nov. 21, 1991].’’
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–598 effective Oct. 1, 1979,
see section 402(a) of Pub. L. 95–598, set out as Effective
Date note preceding section 101 of Title 11, Bankruptcy.
EFFECTIVE DATE OF 1978 AMENDMENT; EXCEPTIONS TO
APPLICATION
Pub. L. 95–555, § 2, Oct. 31, 1978, 92 Stat. 2076, provided
that:
‘‘(a) Except as provided in subsection (b), the amendment made by this Act [amending this section] shall be
effective on the date of enactment [Oct. 31, 1978].
‘‘(b) The provisions of the amendment made by the
first section of this Act [amending this section] shall
not apply to any fringe benefit program or fund, or insurance program which is in effect on the date of enactment of this Act [Oct. 31, 1978] until 180 days after enactment of this Act.’’
EFFECTIVE DATE
Pub. L. 88–352, title VII, § 716(a), (b), July 2, 1964, 78
Stat. 266, provided that:
‘‘(a) This title [enacting this section and sections
2000e–1, 2000e–4, 2000e–7 to 2000e–15 of this title, and
amending sections 2204 and 2205(a)(45) of former Title 5,
Executive Departments and Government Officers and
Employees] shall become effective one year after the
date of its enactment [July 2, 1964].
‘‘(b) Notwithstanding subsection (a), sections of this
title other than sections 703, 704, 706, and 707 [sections
2000e–2, 2000e–3, 2000e–5, and 2000e–6 of this title] shall
become effective immediately [July 2, 1964].’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–555, Oct. 31, 1978, 92 Stat. 2076, which enacted subsec. (k) of this section and notes set out
below, is popularly known as the ‘‘Pregnancy Discrimination Act’’.
GLASS CEILING
Pub. L. 102–166, title II, Nov. 21, 1991, 105 Stat.
1081–1087, entitled the ‘‘Glass Ceiling Act of 1991’’, established a Glass Ceiling Commission which was to submit to Congress, no later than 15 months after Nov. 21,
1991, study and recommendations concerning eliminating artificial barriers to advancement of women and
minorities in the workplace and increasing opportuni-

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ties and developmental experiences of women and minorities to foster advancement to management and decisionmaking positions in businesses, authorized creation of a National Award for Diversity and Excellence
in American Executive Management which was to be
awarded annually by the Commission to a qualified
business concern which promoted more diverse skilled
work force at management and decisionmaking levels
in business, and further provided for composition of
Commission, powers, staff and consultants, confidentiality of information, appropriations, and termination
of Commission and authority to make awards 4 years
after Nov. 21, 1991.
READJUSTMENT OF BENEFITS
Pub. L. 95–555, § 3, Oct. 31, 1978, 92 Stat. 2076, provided
that: ‘‘Until the expiration of a period of one year from
the date of enactment of this Act [Oct. 31, 1978] or, if
there is an applicable collective-bargaining agreement
in effect on the date of enactment of this Act, until the
termination of that agreement, no person who, on the
date of enactment of this Act is providing either by direct payment or by making contributions to a fringe
benefit fund or insurance program, benefits in violation
with this Act [amending this section and enacting provisions set out above] shall, in order to come into compliance with this Act, reduce the benefits or the compensation provided any employee on the date of enactment of this Act, either directly or by failing to provide sufficient contributions to a fringe benefit fund or
insurance program: Provided, That where the costs of
such benefits on the date of enactment of this Act are
apportioned between employers and employees, the
payments or contributions required to comply with
this Act may be made by employers and employees in
the same proportion: And provided further, That nothing
in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with this Act.’’
EXECUTIVE ORDER NO. 11126
Ex. Ord. No. 11126, Nov. 1, 1963, 28 F.R. 11717, as
amended by Ex. Ord. No. 11221, May 6, 1965, 30 F.R. 6427;
Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, which related to the Interdepartmental Committee on the Status of Women and the Citizens’ Advisory Council on the
Status of Women, was revoked by Ex. Ord. No. 12050,
Apr. 4, 1978, 43 F.R. 14431, formerly set out below.
EX. ORD. NO. 11246. EQUAL EMPLOYMENT OPPORTUNITY
Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, as
amended by Ex. Ord. No. 11375, Oct. 13, 1967, 32 F.R.
14303; Ex. Ord. No. 11478, Aug. 8, 1969, 34 F.R. 12985; Ex.
Ord. No. 12086, Oct. 5, 1978, 43 F.R. 46501; Ex. Ord. No.
13279, § 4, Dec. 12, 2002, 67 F.R. 77143; Ex. Ord. No. 13665,
§ 2, Apr. 8, 2014, 79 F.R. 20749; Ex. Ord. No. 13672, § 2, July
21, 2014, 79 F.R. 42971, provided:
Under and by virtue of the authority vested in me as
President of the United States by the Constitution and
statutes of the United States, it is ordered as follows:
PART I—NONDISCRIMINATION IN GOVERNMENT
EMPLOYMENT
[Superseded. Ex. Ord. No. 11478, eff. Aug. 8, 1969, 34
F.R. 12985.]
PART II—NONDISCRIMINATION IN EMPLOYMENT BY
GOVERNMENT CONTRACTORS AND SUBCONTRACTORS
SUBPART A—DUTIES OF THE SECRETARY OF LABOR

SEC. 201. The Secretary of Labor shall be responsible
for the administration and enforcement of Parts II and
III of this Order. The Secretary shall adopt such rules
and regulations and issue such orders as are deemed
necessary and appropriate to achieve the purposes of
Parts II and III of this Order.
SUBPART B—CONTRACTORS’ AGREEMENTS

SEC. 202. Except in contracts exempted in accordance
with Section 204 of this Order, all Government con-

Page 4938

tracting agencies shall include in every Government
contract hereafter entered into the following provisions:
‘‘During the performance of this contract, the contractor agrees as follows:
‘‘(1) The contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity,
or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices
to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause.
‘‘(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender
identity, or national origin.
‘‘[(3)] The contractor will not discharge or in any
other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another
employee or applicant. This provision shall not apply
to instances in which an employee who has access to
the compensation information of other employees or
applicants as a part of such employee’s essential job
functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing,
or action, including an investigation conducted by the
employer, or is consistent with the contractor’s legal
duty to furnish information.
‘‘(4) The contractor will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’
representative of the contractor’s commitments under
Section 202 of Executive Order No. 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
‘‘(5) The contractor will comply with all provisions of
Executive Order No. 11246 of Sept. 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary
of Labor.
‘‘(6) The contractor will furnish all information and
reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
‘‘(7) In the event of the contractor’s noncompliance
with the nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.
11246 of Sept. 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive
Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
‘‘(8) The contractor will include the provisions of
paragraphs (1) through (7) in every subcontract or pur-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

chase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September
24, 1965 [section 204 of this Order] so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.’’
SEC. 203. (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall
file, and shall cause each of his subcontractors to file,
Compliance Reports with the contracting agency or the
Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain
such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of
Labor may prescribe.
(b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive
order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance
Reports prior to or as an initial part of their bid or negotiation of a contract.
(c) Whenever the contractor or subcontractor has a
collective bargaining agreement or other contract or
understanding with a labor union or an agency referring workers or providing or supervising apprenticeship
or training for such workers, the Compliance Report
shall include such information as to such labor union’s
or agency’s practices and policies affecting compliance
as the Secretary of Labor may prescribe: Provided, That
to the extent such information is within the exclusive
possession of a labor union or any agency referring
workers or providing or supervising apprenticeship or
training and such labor union or agency shall refuse to
furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as
part of its Compliance Report and shall set forth what
efforts he has made to obtain such information.
(d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall
submit, as part of his Compliance Report, a statement
in writing, signed by an authorized officer or agent on
behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other
training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer’s practices and policies do not discriminate on the grounds of race, color, religion, sex,
sexual orientation, gender identity, or national origin,
and that the signer either will affirmatively cooperate
in the implementation of the policy and provisions of
this order or that it consents and agrees that recruitment, employment, and the terms and conditions of
employment under the proposed contract shall be in accordance with the purposes and provisions of the order.
In the event that the union, or the agency shall refuse
to execute such a statement, the Compliance Report
shall so certify and set forth what efforts have been
made to secure such a statement and such additional
factual material as the Secretary of Labor may require.
SEC. 204. (a) The Secretary of Labor may, when the
Secretary deems that special circumstances in the national interest so require, exempt a contracting agency
from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order.
(b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts,

§ 2000e

or purchase orders (1) whenever work is to be or has
been performed outside the United States and no recruitment of workers within the limits of the United
States is involved; (2) for standard commercial supplies
or raw materials; (3) involving less than specified
amounts of money or specified numbers of workers; or
(4) to the extent that they involve subcontracts below
a specified tier.
(c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious
corporation, association, educational institution, or society, with respect to the employment of individuals of
a particular religion to perform work connected with
the carrying on by such corporation, association, educational institution, or society of its activities. Such
contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order.
(d) The Secretary of Labor may also provide, by rule,
regulation, or order, for the exemption of facilities of
a contractor that are in all respects separate and distinct from activities of the contractor related to the
performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order.
SUBPART C—POWERS AND DUTIES OF THE SECRETARY OF
LABOR AND THE CONTRACTING AGENCIES

SEC. 205. The Secretary of Labor shall be responsible
for securing compliance by all Government contractors
and subcontractors with this Order and any implementing rules or regulations. All contracting agencies
shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate
with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require.
SEC. 206. (a) The Secretary of Labor may investigate
the employment practices of any Government contractor or subcontractor to determine whether or not
the contractual provisions specified in Section 202 of
this Order have been violated. Such investigation shall
be conducted in accordance with the procedures established by the Secretary of Labor.
(b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which
allege discrimination contrary to the contractual provisions specified in Section 202 of this Order.
SEC. 207. The Secretary of Labor shall use his best efforts, directly and through interested Federal, State,
and local agencies, contractors, and all other available
instrumentalities to cause any labor union engaged in
work under Government contracts or any agency referring workers or providing or supervising apprenticeship
or training for or in the course of such work to cooperate in the implementation of the purposes of this
Order. The Secretary of Labor shall, in appropriate
cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization
or agency violate Title VI or Title VII of the Civil
Rights Act of 1964 [sections 2000d to 2000d–4 of this title
and this subchapter] or other provision of Federal law.
SEC. 208. (a) The Secretary of Labor, or any agency,
officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the
Secretary, may hold such hearings, public or private,
as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be
held, hearings in accordance with Subsection (a) of this
Section prior to imposing, ordering, or recommending
the imposition of penalties and sanctions under this
Order. No order for debarment of any contractor from
further Government contracts under Section 209(a)(6)
shall be made without affording the contractor an opportunity for a hearing.

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 4940

SUBPART D—SANCTIONS AND PENALTIES

SUBPART E—CERTIFICATES OF MERIT

SEC. 209. (a) In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or
adopt, the Secretary may:
(1) Publish, or cause to be published, the names of
contractors or unions which it has concluded have complied or have failed to comply with the provisions of
this Order or of the rules, regulations, and orders of the
Secretary of Labor.
(2) Recommend to the Department of Justice that, in
cases in which there is substantial or material violation or the threat of substantial or material violation
of the contractual provisions set forth in Section 202 of
this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within
the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly,
or seek to prevent directly or indirectly, compliance
with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that
appropriate proceedings be instituted under Title VII of
the Civil Rights Act of 1964 [this subchapter].
(4) Recommend to the Department of Justice that
criminal proceedings be brought for the furnishing of
false information to any contracting agency or to the
Secretary of Labor as the case may be.
(5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to
comply with equal employment opportunity provisions
of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future
compliance approved by the Secretary of Labor.
(6) Provide that any contracting agency shall refrain
from entering into further contracts, or extensions or
other modifications of existing contracts, with any
noncomplying contractor, until such contractor has
satisfied the Secretary of Labor that such contractor
has established and will carry out personnel and employment policies in compliance with the provisions of
this Order.
(b) Pursuant to rules and regulations prescribed by
the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to
secure compliance with the contract provisions of this
Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before
a contract shall be cancelled or terminated in whole or
in part under subsection (a)(5) of this Section.
SEC. 210. Whenever the Secretary of Labor makes a
determination under Section 209, the Secretary shall
promptly notify the appropriate agency. The agency
shall take the action directed by the Secretary and
shall report the results of the action it has taken to the
Secretary of Labor within such time as the Secretary
shall specify. If the contracting agency fails to take the
action directed within thirty days, the Secretary may
take the action directly.
SEC. 211. If the Secretary of Labor shall so direct,
contracting agencies shall not enter into contracts
with any bidder or prospective contractor unless the
bidder or prospective contractor has satisfactorily
complied with the provisions of this Order or submits
a program for compliance acceptable to the Secretary
of Labor.
SEC. 212. When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has
been debarred from further Government contracts
under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in
Section 202 of this Order, the Secretary of Labor shall
promptly notify the Comptroller General of the United
States.

SEC. 213. The Secretary of Labor may provide for
issuance of a United States Government Certificate of
Merit to employers or labor unions, or other agencies
which are or may hereafter be engaged in work under
Government contracts, if the Secretary is satisfied that
the personnel and employment practices of the employer, or that the personnel, training, apprenticeship,
membership, grievance and representation, upgrading,
and other practices, and policies of the labor union or
other agency conform to the purposes and provisions of
this Order.
SEC. 214. Any Certificate of Merit may at any time be
suspended or revoked by the Secretary of Labor if the
holder thereof, in the judgment of the Secretary, has
failed to comply with the provisions of this Order.
SEC. 215. The Secretary of Labor may provide for the
exemption of any employer, labor union, or other agency from any reporting requirements imposed under or
pursuant to this Order if such employer, labor union, or
other agency has been awarded a Certificate of Merit
which has not been suspended or revoked.
PART III—NONDISCRIMINATION PROVISIONS IN FEDERALLY
ASSISTED CONSTRUCTION CONTRACTS
SEC. 301. Each executive department and agency
which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction
contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in
whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal
Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan,
insurance, or guarantee, the provisions prescribed for
Government contracts by Section 202 of this Order or
such modification thereof, preserving in substance the
contractor’s obligations thereunder, as may be approved by the Secretary of Labor; together with such
additional provisions as the Secretary deems appropriate to establish and protect the interest of the
United States in the enforcement of those obligations.
Each such applicant shall also undertake and agree (1)
to assist and cooperate actively with the Secretary of
Labor in obtaining the compliance of contractors and
subcontractors with those contract provisions and with
the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of
Labor such information as the Secretary may require
for the supervision of such compliance, (3) to carry out
sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by
the Secretary of Labor pursuant to Part II, Subpart D,
of this Order, and (4) to refrain from entering into any
contract subject to this Order, or extension or other
modification of such a contract with a contractor
debarred from Government contracts under Part II,
Subpart D, of this Order.
SEC. 302. (a) ‘‘Construction contract,’’ as used in this
Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair
of buildings, highways, or other improvements to real
property.
(b) The provisions of Part II of this Order shall apply
to such construction contracts, and for purposes of
such application the administering department or
agency shall be considered the contracting agency referred to therein.
(c) The term ‘‘applicant’’ as used in this Order means
an applicant for Federal assistance or, as determined
by agency regulation, other program participant, with
respect to whom an application for any grant, contract,
loan, insurance, or guarantee is not finally acted upon
prior to the effective date of this Part, and it includes
such an applicant after he becomes a recipient of such
Federal assistance.

Page 4941

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEC. 303(a). The Secretary of Labor shall be responsible for obtaining the compliance of such applicants
with their undertakings under this Order. Each administering department and agency is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary’s functions under this Order.
(b) In the event an applicant fails and refuses to comply with the applicant’s undertakings pursuant to this
Order, the Secretary of Labor may, after consulting
with the administering department or agency, take any
or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or
suspend in whole or in part the agreement, contract or
other arrangement with such applicant with respect to
which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under
the program with respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received by the Secretary of Labor
from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or
other proceedings.
(c) In no case shall action be taken with respect to an
applicant pursuant to clause (1) or (2) of subsection (b)
without notice and opportunity for hearing.
SEC. 304. Any executive department or agency which
imposes by rule, regulation, or order requirements of
nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to
the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and
procedures as would tend to bring the administration of
such requirements into conformity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients
of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of
1964 [sections 2000d to 2000d–4 of this title] shall be
taken in conformity with the procedures and limitations prescribed in Section 602 thereof [section 2000d–1
of this title] and the regulations of the administering
department or agency issued thereunder.
PART IV—MISCELLANEOUS
SEC. 401. The Secretary of Labor may delegate to any
officer, agency, or employee in the Executive branch of
the Government, any function or duty of the Secretary
under Parts II and III of this Order.
SEC. 402. The Secretary of Labor shall provide administrative support for the execution of the program
known as the ‘‘Plans for Progress.’’
SEC. 403. (a) Executive Orders Nos. 10590 (January 19,
1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114
(June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President’s Committee on Equal Employment Opportunity established by Executive Order
No. 10925 is hereby abolished. All records and property
in the custody of the Committee shall be transferred to
the Civil Service Commission and the Secretary of
Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve
any person of any obligation assumed or imposed under
or pursuant to any Executive Order superseded by this
Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President’s Committee on Equal Employment Opportunity
and those issued by the heads of various departments
or agencies under or pursuant to any of the Executive
orders superseded by this Order, shall, to the extent
that they are not inconsistent with this Order, remain
in full force and effect unless and until revoked or superseded by appropriate authority. References in such
directives to provisions of the superseded orders shall
be deemed to be references to the comparable provisions of this Order.
SEC. 404. The General Services Administration shall
take appropriate action to revise the standard Govern-

§ 2000e

ment contract forms to accord with the provisions of
this Order and of the rules and regulations of the Secretary of Labor.
SEC. 405. This Order shall become effective thirty
days after the date of this Order.
EX. ORD. NO. 11478. EQUAL EMPLOYMENT OPPORTUNITY IN
FEDERAL GOVERNMENT
Ex. Ord. No. 11478, Aug. 8, 1969, 34 F.R. 12985, as
amended by Ex. Ord. No. 11590, Apr. 23, 1971, 36 F.R.
7831; Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex.
Ord. No. 13087, May 28, 1998, 63 F.R. 30097; Ex. Ord. No.
13152, May 2, 2000, 65 F.R. 26115; Ex. Ord. No. 13672, § 1,
July 21, 2014, 79 F.R. 42971, provided:
NOW THEREFORE, under and by virtue of the authority vested in me as President of the United States
by the Constitution and statutes of the United States,
it is ordered as follows:
SECTION 1. It is the policy of the Government of the
United States to provide equal opportunity in Federal
employment for all persons, to prohibit discrimination
in employment because of race, color, religion, sex, national origin, handicap, age, sexual orientation, gender
identity, or status as a parent., [sic] and to promote the
full realization of equal employment opportunity
through a continuing affirmative program in each executive department and agency. This policy of equal opportunity applies to and must be an integral part of
every aspect of personnel policy and practice in the employment, development, advancement, and treatment
of civilian employees of the Federal Government, to
the extent permitted by law.
SEC. 2. The head of each executive department and
agency shall establish and maintain an affirmative program of equal employment opportunity for all civilian
employees and applicants for employment within his
jurisdiction in accordance with the policy set forth in
section 1. It is the responsibility of each department
and agency head, to the maximum extent possible, to
provide sufficient resources to administer such a program in a positive and effective manner; assure that recruitment activities reach all sources of job candidates;
utilize to the fullest extent the present skills of each
employee; provide the maximum feasible opportunity
to employees to enhance their skills so they may perform at their highest potential and advance in accordance with their abilities; provide training and advice to
managers and supervisors to assure their understanding and implementation of the policy expressed in
this Order; assure participation at the local level with
other employers, schools, and public or private groups
in cooperative efforts to improve community conditions which affect employability; and provide for a system within the department or agency for periodically
evaluating the effectiveness with which the policy of
this Order is being carried out.
SEC. 3. The Equal Employment Opportunity Commission shall be responsible for directing and furthering
the implementation of the policy of the Government of
the United States to provide equal opportunity in Federal employment for all employees or applicants for
employment (except with regard to aliens employed
outside the limits of the United States) and to prohibit
discrimination in employment because of race, color,
religion, sex, national origin, handicap, or age.
SEC. 4. The Equal Employment Opportunity Commission, after consultation with all affected departments
and agencies, shall issue such rules, regulations, orders,
and instructions and request such information from the
affected departments and agencies as it deems necessary and and [sic] appropriate to carry out its responsibilities under this Order.
SEC. 5. All departments and agencies shall cooperate
with and assist the Equal Employment Opportunity
Commission in the performance of its functions under
this Order and shall furnish the Commission such reports and information as it may request. The head of
each department or agency shall comply with rules,
regulations, orders and instructions issued by the
Equal Employment Opportunity Commission pursuant
to Section 4 of this Order.

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEC. 6. ‘‘Status as a parent’’ refers to the status of an
individual who, with respect to an individual who is
under the age of 18 or who is 18 or older but is incapable
of self-care because of a physical or mental disability,
is:
(a) a biological parent;
(b) an adoptive parent;
(c) a foster parent;
(d) a stepparent;
(e) a custodian of a legal ward;
(f) in loco parentis over such an individual; or
(g) actively seeking legal custody or adoption of
such an individual.
SEC. 7. The Office of Personnel Management shall be
authorized to develop guidance on the provisions of this
order prohibiting discrimination on the basis of an individual’s sexual orientation or status as a parent.
SEC. 8. This Order applies (a) to military departments
as defined in section 102 of title 5, United States Code,
and executive agencies (other than the General Accounting Office [now Government Accountability Office]) as defined in section 105 of title 5, United States
Code, and to the employees thereof (including employees paid from nonappropriated funds), and (b) to those
portions of the legislative and judicial branches of the
Federal Government and of the Government of the District of Columbia having positions in the competitive
service and to the employees in those positions. This
Order does not apply to aliens employed outside the
limits of the United States.
SEC. 9. Part I of Executive Order No. 11246 of September 24, 1965, and those parts of Executive Order No.
11375 of October 13, 1967, which apply to Federal employment, are hereby superseded.
SEC. 10. This Order shall be applicable to the United
States Postal Service and to the Postal Rate Commission established by the Postal Reorganization Act of
1970 [Title 39, Postal Service].
SEC. 11. This Executive Order does not confer any
right or benefit enforceable in law or equity against the
United States or its representatives.
EXECUTIVE ORDER NO. 12050
Ex. Ord. No. 12050, Apr. 4, 1978, 43 F.R. 14431, as
amended by Ex. Ord. No. 12057, May 8, 1978, 43 F.R.
19811; Ex. Ord. No. 12135, May 9, 1979, 44 F.R. 27639; Ex.
Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, which established a National Advisory Committee for Women, was
omitted in view of the revocation of sections 1 to 5 and
7 and 8 by Ex. Ord. No. 12135, May 9, 1979, 44 F.R. 27639
and the revocation of section 6 by Ex. Ord. No. 12336,
Dec. 21, 1981, 46 F.R. 62239.
EX. ORD. NO. 12067. COORDINATION OF FEDERAL EQUAL
EMPLOYMENT OPPORTUNITY PROGRAMS
Ex. Ord. No. 12067, June 30, 1978, 43 F.R. 28967, as
amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.
1055, provided:
By virtue of the authority vested in me as President
of the United States by the Constitution and statutes
of the United States, including Section 9 of Reorganization Plan Number 1 of 1978 (43 FR 19807) [set out under
section 2000e–4 of this title and in the Appendix to Title
5, Government Organizations and Employees], it is ordered as follows:
1–1. IMPLEMENTATION OF REORGANIZATION PLAN
1–101. The transfer to the Equal Employment Opportunity Commission of all the functions of the Equal
Employment Opportunity Coordinating Council, and
the termination of that Council, as provided by Section
6 of Reorganization Plan Number 1 of 1978 (43 FR 19807)
[set out under section 2000e–4 of this title and in the
Appendix to Title 5, Government Organization and Employees] shall be effective on July 1, 1978.
1–2. RESPONSIBILITIES OF EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
1–201. The Equal Employment Opportunity Commission shall provide leadership and coordination to the

Page 4942

efforts of Federal departments and agencies to enforce
all Federal statutes, Executive orders, regulations, and
policies which require equal employment opportunity
without regard to race, color, religion, sex, national origin, age or handicap. It shall strive to maximize effort,
promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the Federal departments and agencies having responsibility for enforcing such statutes, Executive orders, regulations
and policies.
1–202. In carrying out its functions under this order
the Equal Employment Opportunity Commission shall
consult with and utilize the special expertise of Federal
departments and agencies with equal employment opportunity responsibilities. The Equal Employment Opportunity Commission shall cooperate with such departments and agencies in the discharge of their equal
employment responsibilities.
1–203. All Federal departments and agencies shall cooperate with and assist the Equal Employment Opportunity Commission in the performance of its functions
under this order and shall furnish the Commission such
reports and information as it may request.
1–3. SPECIFIC RESPONSIBILITIES
1–301. To implement its responsibilities under Section
1–2, the Equal Employment Opportunity Commission
shall, where feasible:
(a) develop uniform standards, guidelines, and policies defining the nature of employment discrimination
on the ground of race, color, religion, sex, national origin, age or handicap under all Federal statutes, Executive orders, regulations, and policies which require
equal employment opportunity;
(b) develop uniform standards and procedures for investigations and compliance reviews to be conducted
by Federal departments and agencies under any Federal statute, Executive order, regulation or policy requiring equal employment opportunity;
(c) develop procedures with the affected agencies, including the use of memoranda of understanding, to
minimize duplicative investigations or compliance reviews of particular employers or classes of employers
or others covered by Federal statutes, Executive orders, regulations or policies requiring equal employment opportunity;
(d) ensure that Federal departments and agencies develop their own standards and procedures for undertaking enforcement actions when compliance with
equal employment opportunity requirements of any
Federal statute, Executive order, regulation or policy
cannot be secured by voluntary means;
(e) develop uniform record-keeping and reporting requirements concerning employment practices to be utilized by all Federal departments and agencies having
equal employment enforcement responsibilities;
(f) provide for the sharing of compliance records,
findings, and supporting documentation among Federal
departments and agencies responsible for ensuring
equal employment opportunity;
(g) develop uniform training programs for the staff of
Federal departments and agencies with equal employment opportunity responsibilities;
(h) assist all Federal departments and agencies with
equal employment opportunity responsibilities in developing programs to provide appropriate publications
and other information for those covered and those protected by Federal equal employment opportunity statutes, Executive orders, regulations, and policies; and
(i) initiate cooperative programs, including the development of memoranda of understanding between agencies, designed to improve the coordination of equal employment opportunity compliance and enforcement.
1–302. The Equal Employment Opportunity Commission shall assist the Office of Personnel Management,
or its successor, in establishing uniform job-related
qualifications and requirements for job classifications
and descriptions for Federal employees involved in enforcing all Federal equal employment opportunity provisions.

Page 4943

TITLE 42—THE PUBLIC HEALTH AND WELFARE

1–303. The Equal Employment Opportunity Commission shall issue such rules, regulations, policies, procedures or orders as it deems necessary to carry out its
responsibilities under this order. It shall advise and
offer to consult with the affected Federal departments
and agencies during the development of any proposed
rules, regulations, policies, procedures or orders and
shall formally submit such proposed issuances to affected departments and agencies at least 15 working
days prior to public announcement. The Equal Employment Opportunity Commission shall use its best efforts
to reach agreement with the agencies on matters in
dispute. Departments and agencies shall comply with
all final rules, regulations, policies, procedures or orders of the Equal Employment Opportunity Commission.
1–304. All Federal departments and agencies shall advise and offer to consult with the Equal Employment
Opportunity Commission during the development of
any proposed rules, regulations, policies, procedures or
orders concerning equal employment opportunity. Departments and agencies shall formally submit such proposed issuances to the Equal Employment Opportunity
Commission and other interested Federal departments
and agencies at least 15 working days prior to public
announcement. The Equal Employment Opportunity
Commission shall review such proposed rules, regulations, policies, procedures or orders to ensure consistency among the operations of the various Federal departments and agencies. Issuances related to internal
management and administration are exempt from this
clearance process. Case handling procedures unique to
a single program also are exempt, although the Equal
Employment Opportunity Commission may review
such procedures in order to assure maximum consistency within the Federal equal employment opportunity
program.
1–305. Before promulgating significant rules, regulations, policies, procedures or orders involving equal
employment opportunity, the Commission and affected
departments and agencies shall afford the public an opportunity to comment.
1–306. The Equal Employment Opportunity Commission may make recommendations concerning staff size
and resource needs of the Federal departments and
agencies having equal employment opportunity responsibilities to the Office of Management and Budget.
1–307. (a) It is the intent of this order that disputes
between or among agencies concerning matters covered
by this order shall be resolved through good faith efforts of the affected agencies to reach mutual agreement. Use of the dispute resolution mechanism contained in Subsections (b) and (c) of this Section should
be resorted to only in extraordinary circumstances.
(b) Whenever a dispute which cannot be resolved
through good faith efforts arises between the Equal
Employment Opportunity Commission and another
Federal department or agency concerning the issuance
of an equal employment opportunity rule, regulation,
policy, procedure, order or any matter covered by this
Order, the Chairman of the Equal Employment Opportunity Commission or the head of the affected department or agency may refer the matter to the Executive
Office of the President. Such reference must be in writing and may not be made later than 15 working days
following receipt of the initiating agency’s notice of intent publicly to announce an equal employment opportunity rule, regulation, policy, procedure or order. If no
reference is made within the 15 day period, the decision
of the agency which initiated the proposed issuance
will become effective.
(c) Following reference of a disputed matter to the
Executive Office of the President, the Assistant to the
President for Domestic Affairs and Policy (or such
other official as the President may designate) shall designate an official within the Executive Office of the
President to meet with the affected agencies to resolve
the dispute within a reasonable time.

§ 2000e

1–4. ANNUAL REPORT
1–401. The Equal Employment Opportunity Commission shall include in the annual report transmitted to
the President and the Congress pursuant to Section 715
of Title VII of the Civil Rights Act of 1964, as amended
(42 U.S.C. 2000e–14), a statement of the progress that
has been made in achieving the purpose of this order.
The Equal Employment Opportunity Commission shall
provide Federal departments and agencies an opportunity to comment on the report prior to formal submission.
1–5. GENERAL PROVISIONS
1–501. Nothing in this order shall relieve or lessen the
responsibilities or obligations imposed upon any person
or entity by Federal equal employment law, Executive
order, regulation or policy.
1–502. Nothing in this order shall limit the Attorney
General’s role as legal adviser to the Executive Branch.
JIMMY CARTER.
EX. ORD. NO. 12086. CONSOLIDATION OF CONTRACT COMPLIANCE FUNCTIONS FOR EQUAL EMPLOYMENT OPPORTUNITY

Ex. Ord. No. 12086, Oct. 5, 1978, 43 F.R. 46501, as
amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617, provided:
By the authority vested in me as President by the
Constitution and statutes of the United States of
America, including Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31
U.S.C. 1531], in order to provide for the transfer to the
Department of Labor of certain contract compliance
functions relating to equal employment opportunity, it
is hereby ordered as follows:
1–1. TRANSFER OF FUNCTIONS
1–101. The functions concerned with being primarily
responsible for the enforcement of the equal employment opportunity provisions under Parts II and III of
Executive Order. No. 11246, as amended [set out as a
note above], are transferred or reassigned to the Secretary of Labor from the following agencies:
(a) Department of the Treasury.
(b) Department of Defense.
(c) Department of the Interior.
(d) Department of Commerce.
(e) Department of Health and Human Services.
(f) Department of Housing and Urban Development.
(g) Department of Transportation.
(h) Department of Energy.
(i) Environmental Protection Agency.
(j) General Services Administration.
(k) Small Business Administration.
1–102. The records, property, personnel and positions,
and unexpended balances of appropriations or funds related to the functions transferred or reassigned by this
Order, that are available and necessary to finance or
discharge those functions, are transferred to the Secretary of Labor.
1–103. The Director of the Office of Management and
Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to
effectuate the transfers or reassignments provided by
this Order, including the transfer of funds, records,
property, and personnel.
1–2. CONFORMING AMENDMENTS TO EXECUTIVE ORDER
NO. 11246
1–201(a). In order to reflect the transfer of enforcement responsibility to the Secretary of Labor, Section
201 of Executive Order No. 11246, as amended, is amended to read:
‘‘SEC. 201. The Secretary of Labor shall be responsible
for the administration and enforcement of Parts II and
III of this Order. The Secretary shall adopt such rules
and regulations and issue such orders as are deemed
necessary and appropriate to achieve the purposes of
Parts II and III of this Order.’’.

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(b) Paragraph (7) of the contract clauses specified in
Section 202 of Executive Order No. 11246, as amended, is
amended to read:
‘‘(7) The contractor will include the provisions of
paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September
24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as may be directed by the Secretary of
Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however,
that in the event the contractor becomes involved in,
or is threatened with, litigation with a subcontractor
or vendor as a result of such direction, the contractor
may request the United States to enter into such litigation to protect the interests of the United States.’’.
1–202. In subsection (c) of Section 203 of Executive
Order No. 11246, as amended, delete ‘‘contracting agency’’ in the proviso and substitute ‘‘Secretary of Labor’’
therefor.
1–203. In both the beginning and end of subsection (d)
of Section 203 of Executive Order No. 11246, as amended,
delete ‘‘contracting agency or the’’ in the phrase ‘‘contracting agency or the Secretary’’.
1–204. Section 205 of Executive Order No. 11246, as
amended, is amended by deleting the last two sentences, which dealt with agency designation of compliance officers, and revising the rest of that Section to
read:
‘‘SEC. 205. The Secretary of Labor shall be responsible
for securing compliance by all Government contractors
and subcontractors with this Order and any implementing rules or regulations. All contracting agencies
shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate
with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require.’’.
1–205. In order to delete references to the contracting
agencies conducting investigations, Section 206 of Executive Order No. 11246, as amended, is amended to
read:
‘‘SEC. 206. (a) The Secretary of Labor may investigate
the employment practices of any Government contractor or subcontractor to determine whether or not
the contractual provisions specified in Section 202 of
this Order have been violated. Such investigation shall
be conducted in accordance with the procedures established by the Secretary of Labor.’’.
‘‘(b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which
allege discrimination contrary to the contractual provisions specified in Section 202 of this Order.’’.
1–206. In Section 207 of Executive Order No. 11246, as
amended, delete ‘‘contracting agencies, other’’ in the
first sentence.
1–207. The introductory clause in Section 209(a) of Executive Order No. 11246, as amended, is amended by deleting ‘‘or the appropriate contracting agency’’ from
‘‘In accordance with such rules, regulations, or orders
as the Secretary of Labor may issue or adopt, the Secretary or the appropriate contracting agency may:’’.
1–208. In paragraph (5) of Section 209(a) of Executive
Order No. 11246, as amended, insert at the beginning the
phrase ‘‘After consulting with the contracting agency,
direct the contracting agency to’’, and at the end of
paragraph (5) delete ‘‘contracting agency’’ and substitute therefor ‘‘Secretary of Labor’’ so that paragraph (5) is amended to read:
‘‘(5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to
comply with equal employment opportunity provisions

Page 4944

of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future
compliance approved by the Secretary of Labor.’’.
1–209. In order to reflect the transfer from the agencies to the Secretary of Labor of the enforcement functions, substitute ‘‘Secretary of Labor’’ for ‘‘each contracting agency’’ in Section 209(b) of Executive Order
No. 11246, as amended, so that Section 209(b) is amended
to read:
‘‘(b) Pursuant to rules and regulations prescribed by
the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to
secure compliance with the contract provisions of this
Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before
a contract shall be cancelled or terminated in whole or
in part under subsection (a)(5) of this Section.’’.
1–210. In order to reflect the responsibility of the contracting agencies for prompt compliance with the directions of the Secretary of Labor, Sections 210 and 211
of Executive Order No. 11246, as amended, are amended
to read:
‘‘SEC. 210. Whenever the Secretary of Labor makes a
determination under Section 209, the Secretary shall
promptly notify the appropriate agency. The agency
shall take the action directed by the Secretary and
shall report the results of the action it has taken to the
Secretary of Labor within such time as the Secretary
shall specify. If the contracting agency fails to take the
action directed within thirty days, the Secretary may
take the action directly.’’.
‘‘SEC. 211. If the Secretary of Labor shall so direct,
contracting agencies shall not enter into contracts
with any bidder or prospective contractor unless the
bidder or prospective contractor has satisfactorily
complied with the provisions of this Order or submits
a program for compliance acceptable to the Secretary
of Labor.’’.
1–211. Section 212 of Executive Order No. 11246, as
amended, is amended to read:
‘‘SEC. 212. When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has
been debarred from further Government contracts
under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in
Section 202 of this Order, the Secretary of Labor shall
promptly notify the Comptroller General of the United
States.’’.
1–212. In order to reflect the transfer of enforcement
responsibility to the Secretary of Labor, references to
the administering department or agency are deleted in
clauses (1), (2), and (3) of Section 301 of Executive Order
No. 11246, as amended, and those clauses are amended
to read:
‘‘(1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions
and with the rules, regulations and relevant orders of
the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may
require for the supervision of such compliance, (3) to
carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part II,
Subpart D, of this Order,’’.
1–213. In order to reflect the transfer from the agencies to the Secretary of Labor of the enforcement functions ‘‘Secretary of Labor’’ shall be substituted for ‘‘administering department or agency’’ in Section 303 of
Executive Order No. 11246, as amended, and Section 303
is amended to read:
‘‘SEC. 303(a). The Secretary of Labor shall be responsible for obtaining the compliance of such applicants
with their undertakings under this Order. Each administering department and agency is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary’s functions under this Order.’’.

Page 4945

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(b) In the event an applicant fails and refuses to
comply with the applicant’s undertakings pursuant to
this Order, the Secretary of Labor may, after consulting with the administering department or agency,
take any or all of the following actions: (1) direct any
administering department or agency to cancel, terminate, or suspend in whole or in part the agreement,
contract or other arrangement with such applicant
with respect to which the failure or refusal occurred;
(2) direct any administering department or agency to
refrain from extending any further assistance to the
applicant under the program with respect to which the
failure or refusal occurred until satisfactory assurance
of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the
case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law
enforcement or other proceedings.’’.
‘‘(c) In no case shall action be taken with respect to
an applicant pursuant to clause (1) or (2) of subsection
(b) without notice and opportunity for hearing.’’.
1–214. Section 401 of Executive Order No. 11246, as
amended, is amended to read:
‘‘SEC. 401. The Secretary of Labor may delegate to
any officer, agency, or employee in the Executive
branch of the Government, any function or duty of the
Secretary under Parts II and III of this Order.’’.
1–3. GENERAL PROVISIONS
1–301. The transfers or reassignments provided by
Section 1–1 of this Order shall take effect at such time
or times as the Director of the Office of Management
and Budget shall determine. The Director shall ensure
that all such transfers or reassignments take effect
within 60 days.
1–302. The conforming amendments provided by Section 1–2 of this Order shall take effect on October 8,
1978; except that, with respect to those agencies identified in Section 1–101 of this Order, the conforming
amendments shall be effective on the effective date of
the transfer or reassignment of functions as specified
pursuant to Section 1–301 of this Order.
EXECUTIVE ORDER NO. 12135
Ex. Ord. No. 12135, May 9, 1979, 44 F.R. 27639, which established the President’s Advisory Committee for
Women, was revoked by Ex. Ord. No. 12336, Dec. 21, 1981,
46 F.R. 62239, set out below.
EX. ORD. NO. 12336. TASK FORCE ON LEGAL EQUITY FOR
WOMEN
Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, as
amended by Ex. Ord. No. 12355, Apr. 1, 1982, 47 F.R.
14479, provided:
By the authority vested in me as President by the
Constitution of the United States of America, and in
order to provide for the systematic elimination of regulatory and procedural barriers which have unfairly precluded women from receiving equal treatment from
Federal activities, it is hereby ordered as follows:
SECTION 1. Establishment. (a) There is established the
Task Force on Legal Equity for Women.
(b) The Task Force members shall be appointed by
the President from among nominees by the heads of the
following Executive agencies, each of which shall have
one representative on the Task Force.
(1) Department of State.
(2) Department of The Treasury.
(3) Department of Defense.
(4) Department of Justice.
(5) Department of The Interior.
(6) Department of Agriculture.
(7) Department of Commerce.
(8) Department of Labor.
(9) Department of Health and Human Services.
(10) Department of Housing and Urban Development.
(11) Department of Transportation.
(12) Department of Energy.
(13) Department of Education.

§ 2000e

(14) Agency for International Development.
(15) Veterans Administration [now Department of
Veterans Affairs].
(16) Office of Management and Budget.
(17) International Communication Agency.
(18) Office of Personnel Management.
(19) Environmental Protection Agency.
(20) ACTION [now Corporation for National and Community Service].
(21) Small Business Administration.
(c) The President shall designate one of the members
to chair the Task Force. Other agencies may be invited
to participate in the functions of the Task Force.
SEC. 2. Functions. (a) The members of the Task Force
shall be responsible for coordinating and facilitating in
their respective agencies, under the direction of the
head of their agency, the implementation of changes
ordered by the President in sex-discriminatory Federal
regulations, policies, and practices.
(b) The Task Force shall periodically report to the
President on the progress made throughout the Government in implementing the President’s directives.
(c) The Attorney General shall complete the review of
Federal laws, regulations, policies, and practices which
contain language that unjustifiably differentiates, or
which effectively discriminates, on the basis of sex.
The Attorney General or his designee shall, on a quarterly basis, report his findings to the President through
the Cabinet Council on Legal Policy.
SEC. 3. Administration. (a) The head of each Executive
agency shall, to the extent permitted by law, provide
the Task Force with such information and advice as
the Task Force may identify as being useful to fulfill
its functions.
(b) The agency with its representative chairing the
Task Force shall, to the extent permitted by law, provide the Task Force with such administrative support
as may be necessary for the effective performance of its
functions.
(c) The head of each agency represented on the Task
Force shall, to the extent permitted by law, furnish its
representative such administrative support as is necessary and appropriate.
SEC. 4. General Provisions. (a) Section 1–101(h) of Executive Order No. 12258, as amended, is revoked.
(b) Executive Order No. 12135 is revoked.
(c) Section 6 of Executive Order No. 12050, as amended, is revoked.
RONALD REAGAN.
[The International Communication Agency was redesignated the United States Information Agency, see
section 303 of Pub. L. 97–241, title III, Aug. 24, 1982, 96
Stat. 291, set out as a note under section 1461 of Title
22, Foreign Relations and Intercourse. For abolition of
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of
references thereto, see sections 6531, 6532, and 6551 of
Title 22.]
EX. ORD. NO. 13171. HISPANIC EMPLOYMENT IN THE
FEDERAL GOVERNMENT
Ex. Ord. No. 13171, Oct. 12, 2000, 65 F.R. 61251, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to improve the representation of
Hispanics in Federal employment, within merit system
principles and consistent with the application of appropriate veterans’ preference criteria, to achieve a Federal workforce drawn from all segments of society, it is
hereby ordered as follows:
SECTION 1. Policy. It is the policy of the executive
branch to recruit qualified individuals from appropriate sources in an effort to achieve a workforce
drawn from all segments of society. Pursuant to this
policy, this Administration notes that Hispanics remain underrepresented in the Federal workforce: they
make up only 6.4 percent of the Federal civilian work-

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

force, roughly half of their total representation in the
civilian labor force. This Executive Order, therefore, affirms ongoing policies and recommends additional policies to eliminate the underpresentation [sic] of Hispanics in the Federal workforce.
SEC. 2. Responsibilities of Executive Departments and
Agencies. The head of each executive department and
agency (agency) shall establish and maintain a program for the recruitment and career development of
Hispanics in Federal employment. In its program, each
agency shall:
(a) provide a plan for recruiting Hispanics that creates a fully diverse workforce for the agency in the 21st
century;
(b) assess and eliminate any systemic barriers to the
effective recruitment and consideration of Hispanics,
including but not limited to:
(1) broadening the area of consideration to include
applicants from all appropriate sources;
(2) ensuring that selection factors are appropriate
and achieve the broadest consideration of applicants
and do not impose barriers to selection based on
nonmerit factors; and
(3) considering the appointment of Hispanic Federal
executives to rating, selection, performance review,
and executive resources panels and boards;
(c) improve outreach efforts to include organizations
outside the Federal Government in order to increase
the number of Hispanic candidates in the selection pool
for the Senior Executive Service;
(d) promote participation of Hispanic employees in
management, leadership, and career development programs;
(e) ensure that performance plans for senior executives, managers, and supervisors include specific language related to significant accomplishments on diversity recruitment and career development and that accountability is predicated on those plans;
(f) establish appropriate agency advisory councils
that include Hispanic Employment Program Managers;
(g) implement the goals of the Government-wide Hispanic Employment Initiatives issued by the Office of
Personnel Management (OPM) in September 1997 (NinePoint Plan), and the Report to the President’s Management Council on Hispanic Employment in the Federal
Government of March 1999;
(h) ensure that managers and supervisors receive
periodic training in diversity management in order to
carry out their responsibilities to maintain a diverse
workforce; and
(i) reflect a continuing priority for eliminating Hispanic underrepresentation in the Federal workforce
and incorporate actions under this order as strategies
for achieving workforce diversity goals in the agency’s
Government Performance and Results Act (GPRA) Annual Performance Plan.
SEC. 3. Cooperation. All efforts taken by heads of
agencies under sections 1 and 2 of this order shall, as
appropriate, further partnerships and cooperation
among Federal, public, and private sector employers,
and appropriate Hispanic organizations whenever such
partnerships and cooperation are possible and would
promote the Federal employment of qualified individuals. In developing the long-term comprehensive strategies required by section 2 of this order, agencies shall,
as appropriate, consult with and seek information and
advice from experts in the areas of special targeted recruitment and diversity in employment.
SEC. 4. Responsibilities of the Office of Personnel Management. The Office of Personnel Management is required by law and regulations to undertake a Government-wide minority recruitment effort. Pursuant to
that on-going effort and in implementation of this
order, the Director of OPM shall:
(a) provide Federal human resources management
policy guidance to address Hispanic underrepresentation where it occurs;
(b) take the lead in promoting diversity to executive
agencies for such actions as deemed appropriate to promote equal employment opportunity;

Page 4946

(c) within 180 days from the date of this order, prescribe such regulations as may be necessary to carry
out the purposes of this order;
(d) within 60 days from the date of this order, establish an Interagency Task Force, chaired by the Director and composed of agency officials at the Deputy Secretary level, or the equivalent. This Task Force shall
meet semi-annually to:
(1) review best practices in strategic human resources management planning, including alignment
with agency GPRA plans;
(2) assess overall executive branch progress in complying with the requirements of this order;
(3) provide advice on ways to increase Hispanic
community involvement; and
(4) recommend any further actions, as appropriate,
in eliminating the underrepresentation of Hispanics
in the Federal workforce where it occurs; and
(e) issue an annual report with findings and recommendations to the President on the progress made
by agencies on matters related to this order. The first
annual report shall be issued no later than 1 year from
the date of this order.
SEC. 5. Judicial Review. This order is intended only to
improve the internal management of the executive
branch. It does not create any right or benefit, substantive or procedural, enforceable in law or equity except as may be identified in existing laws and regulations, by a party against the United States, its agencies, its officers or employees, or any other person.
WILLIAM J. CLINTON.
EX. ORD. NO. 13506. ESTABLISHING A WHITE HOUSE
COUNCIL ON WOMEN AND GIRLS
Ex. Ord. No. 13506, Mar. 11, 2009, 74 F.R. 11271, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, I hereby order as follows:
SECTION 1. Policy. Over the past generation, our society has made tremendous progress in eradicating barriers to women’s success. A record number of women
are attending college and graduate school. Women
make up a growing share of our workforce, and more
women are corporate executives and business owners
than ever before, helping boost the U.S. economy and
foster U.S. competitiveness around the world. Today,
women are serving at the highest levels of all branches
of our Government.
Despite this progress, certain inequalities continue to
persist. On average, American women continue to earn
only about 78 cents for every dollar men make, and
women are still significantly underrepresented in the
science, engineering, and technology fields. Far too
many women lack health insurance, and many are unable to take time off to care for a new baby or an ailing
family member. Violence against women and girls remains a global epidemic. The challenge of ensuring
equal educational opportunities for women and girls
endures. As the current economic crisis has swept
across our Nation, women have been seriously affected.
These issues do not concern just women. When jobs
do not offer family leave, that affects men who wish to
help care for their families. When women earn less than
men for the same work, that affects families who have
to work harder to make ends meet. When our daughters
do not have the same educational and career opportunities as our sons, that affects entire communities, our
economy, and our future as a Nation.
The purpose of this order is to establish a coordinated
Federal response to issues that particularly impact the
lives of women and girls and to ensure that Federal
programs and policies address and take into account
the distinctive concerns of women and girls, including
women of color and those with disabilities.
SEC. 2. White House Council on Women and Girls. There
is established within the Executive Office of the President a White House Council on Women and Girls (Council).

Page 4947

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(a) Membership of the Council. The Council shall consist of the following members:
(1) the Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Liaison, who shall serve as Chair of the Council;
(2) the Secretary of State;
(3) the Secretary of the Treasury;
(4) the Secretary of Defense;
(5) the Attorney General;
(6) the Secretary of the Interior;
(7) the Secretary of Agriculture;
(8) the Secretary of Commerce;
(9) the Secretary of Labor;
(10) the Secretary of Health and Human Services;
(11) the Secretary of Housing and Urban Development;
(12) the Secretary of Transportation;
(13) the Secretary of Energy;
(14) the Secretary of Education;
(15) the Secretary of Veterans Affairs;
(16) the Secretary of Homeland Security;
(17) the Representative of the United States of
America to the United Nations;
(18) the United States Trade Representative;
(19) the Director of the Office of Management and
Budget;
(20) the Administrator of the Environmental Protection Agency;
(21) the Chair of the Council of Economic Advisers;
(22) the Director of the Office of Personnel Management;
(23) the Administrator of the Small Business Administration;
(24) the Assistant to the President and Director of
the Domestic Policy Council;
(25) the Assistant to the President for Economic
Policy and Director of the National Economic Council; and
(26) the heads of such other executive branch departments, agencies, and offices as the President
may, from time to time, designate.
A member of the Council may designate, to perform
the Council functions of the member, a senior-level official who is a part of the member’s department, agency, or office, and who is a full-time officer or employee
of the Federal Government. At the direction of the
Chair, the Council may establish subgroups consisting
exclusively of Council members or their designees
under this section, as appropriate.
(b) Administration of the Council. The Department of
Commerce shall provide funding and administrative
support for the Council to the extent permitted by law
and within existing appropriations. The Chair shall
convene regular meetings of the Council, determine its
agenda, and direct its work. The Chair shall designate
an Executive Director of the Council, who shall coordinate the work of the Council and head any staff assigned to the Council.
SEC. 3. Mission and Functions of the Council. The Council shall work across executive departments and agencies to provide a coordinated Federal response to issues
that have a distinct impact on the lives of women and
girls, including assisting women-owned businesses to
compete internationally and working to increase the
participation of women in the science, engineering, and
technology workforce, and to ensure that Federal programs and policies adequately take those impacts into
account. The Council shall be responsible for providing
recommendations to the President on the effects of
pending legislation and executive branch policy proposals; for suggesting changes to Federal programs or
policies to address issues of special importance to
women and girls; for reviewing and recommending
changes to policies that have a distinct impact on
women in the Federal workforce; and for assisting in
the development of legislative and policy proposals of
special importance to women and girls. The functions
of the Council are advisory only.
SEC. 4. Outreach. Consistent with the objectives set
out in this order, the Council, in accordance with appli-

§ 2000e

cable law, in addition to regular meetings, shall conduct outreach with representatives of nonprofit organizations, State and local government agencies, elected
officials, and other interested persons that will assist
with the Council’s development of a detailed set of recommendations.
SEC. 5. Federal Interagency Plan. The Council shall,
within 150 days of the date of this order, develop and
submit to the President a Federal interagency plan
with recommendations for interagency action consistent with the goals of this order. The Federal interagency plan shall include an assessment by each member executive department, agency, or office of the status and scope of its efforts to further the progress and
advancement of women and girls. Such an assessment
shall include a report on the status of any offices or
programs that have been created to develop, implement, or monitor targeted initiatives concerning
women or girls. The Federal interagency plan shall also
include recommendations for issues, programs, or initiatives that should be further evaluated or studied by
the Council. The Council shall review and update the
Federal interagency plan periodically, as appropriate,
and shall present to the President any updated recommendations or findings.
SEC. 6. General Provisions. (a) The heads of executive
departments and agencies shall assist and provide information to the Council, consistent with applicable
law, as may be necessary to carry out the functions of
the Council. Each executive department and agency
shall bear its own expense for participating in the
Council.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13583. ESTABLISHING A COORDINATED GOVERNMENT-WIDE INITIATIVE TO PROMOTE DIVERSITY AND
INCLUSION IN THE FEDERAL WORKFORCE
Ex. Ord. No. 13583, Aug. 18, 2011, 76 F.R. 52847, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote the Federal workplace as a model of equal opportunity, diversity, and
inclusion, it is hereby ordered as follows:
SECTION 1. Policy. Our Nation derives strength from
the diversity of its population and from its commitment to equal opportunity for all. We are at our best
when we draw on the talents of all parts of our society,
and our greatest accomplishments are achieved when
diverse perspectives are brought to bear to overcome
our greatest challenges.
A commitment to equal opportunity, diversity, and
inclusion is critical for the Federal Government as an
employer. By law, the Federal Government’s recruitment policies should ‘‘endeavor to achieve a work force
from all segments of society.’’ (5 U.S.C. 2301(b)(1)). As
the Nation’s largest employer, the Federal Government
has a special obligation to lead by example. Attaining
a diverse, qualified workforce is one of the cornerstones
of the merit-based civil service.
Prior Executive Orders, including but not limited to
those listed below, have taken a number of steps to address the leadership role and obligations of the Federal
Government as an employer. For example, Executive

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Order 13171 of October 12, 2000 (Hispanic Employment in
the Federal Government), directed executive departments and agencies to implement programs for recruitment and career development of Hispanic employees
and established a mechanism for identifying best practices in doing so. Executive Order 13518 of November 9,
2009 (Employment of Veterans in the Federal Government), required the establishment of a Veterans Employment Initiative. Executive Order 13548 of July 26,
2010 (Increasing Federal Employment of Individuals
with Disabilities), and its related predecessors, Executive Order 13163 of July 26, 2000 (Increasing the Opportunity for Individuals With Disabilities to be Employed
in the Federal Government), and Executive Order 13078
of March 13, 1998 (Increasing Employment of Adults
With Disabilities), sought to tap the skills of the millions of Americans living with disabilities.
To realize more fully the goal of using the talents of
all segments of society, the Federal Government must
continue to challenge itself to enhance its ability to recruit, hire, promote, and retain a more diverse workforce. Further, the Federal Government must create a
culture that encourages collaboration, flexibility, and
fairness to enable individuals to participate to their
full potential.
Wherever possible, the Federal Government must
also seek to consolidate compliance efforts established
through related or overlapping statutory mandates, directions from Executive Orders, and regulatory requirements. By this order, I am directing executive departments and agencies (agencies) to develop and implement a more comprehensive, integrated, and strategic focus on diversity and inclusion as a key component of their human resources strategies. This approach should include a continuing effort to identify
and adopt best practices, implemented in an integrated
manner, to promote diversity and remove barriers to
equal employment opportunity, consistent with merit
system principles and applicable law.
SEC. 2. Government-Wide Diversity and Inclusion Initiative and Strategic Plan. The Director of the Office of Personnel Management (OPM) and the Deputy Director for
Management of the Office of Management and Budget
(OMB), in coordination with the President’s Management Council (PMC) and the Chair of the Equal Employment Opportunity Commission (EEOC), shall:
(a) establish a coordinated Government-wide initiative to promote diversity and inclusion in the Federal
workforce;
(b) within 90 days of the date of this order:
(i) develop and issue a Government-wide Diversity
and Inclusion Strategic Plan (Government-wide Plan),
to be updated as appropriate and at a minimum every
4 years, focusing on workforce diversity, workplace inclusion, and agency accountability and leadership. The
Government-wide Plan shall highlight comprehensive
strategies for agencies to identify and remove barriers
to equal employment opportunity that may exist in the
Federal Government’s recruitment, hiring, promotion,
retention, professional development, and training policies and practices;
(ii) review applicable directives to agencies related to
the development or submission of agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention,
professional development, and training policies and
practices, and develop a strategy for consolidating such
agency plans and reports where appropriate and permitted by law; and
(iii) provide guidance to agencies concerning formulation of agency-specific Diversity and Inclusion Strategic Plans prepared pursuant to section 3(b) of this
order;
(c) identify appropriate practices to improve the effectiveness of each agency’s efforts to recruit, hire,
promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles
and applicable law; and
(d) establish a system for reporting regularly on
agencies’ progress in implementing their agency-spe-

Page 4948

cific Diversity and Inclusion Strategic Plans and in
meeting the objectives of this order.
SEC. 3. Responsibilities of Executive Departments and
Agencies. All agencies shall implement the Government-wide Plan prepared pursuant to section 2 of this
order, and such other related guidance as issued from
time to time by the Director of OPM and Deputy Director for Management of OMB. In addition, the head of
each executive department and agency referred to
under subsections (1) and (2) of section 901(b) of title 31,
United States Code, shall:
(a) designate the agency’s Chief Human Capital Officer to be responsible for enhancing employment and
promotion opportunities within the agency, in collaboration with the agency’s Director of Equal Employment Opportunity and Director of Diversity and Inclusion, if any, and consistent with law and merit system
principles, including development and implementation
of the agency-specific Diversity and Inclusion Strategic
Plan;
(b) within 120 days of the issuance of the Government-wide Plan or its update under section 2(b)(i) of
this order, develop and submit for review to the Director of OPM and the Deputy Director for Management of
OMB an agency-specific Diversity and Inclusion Strategic Plan for recruiting, hiring, training, developing,
advancing, promoting, and retaining a diverse workforce consistent with applicable law, the Governmentwide Plan, merit system principles, the agency’s overall strategic plan, its human capital plan prepared pursuant to Part 250 of title 5 of the Code of Federal Regulations, and other applicable workforce planning strategies and initiatives;
(c) implement the agency-specific Diversity and Inclusion Strategic Plan after incorporating it into the
agency’s human capital plan; and
(d) provide information as specified in the reporting
requirements developed under section 2(d).
SEC. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted to a department or agency or
the head thereof, including the authority granted to
EEOC by other Executive Orders (including Executive
Order 12067) or any agency’s authority to establish an
independent Diversity and Inclusion Office; or
(ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13665. NON-RETALIATION FOR DISCLOSURE
OF COMPENSATION INFORMATION
Ex. Ord. No. 13665, Apr. 8, 2014, 79 F.R. 20749, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Property and Administrative Services Act [of 1949], 40 U.S.C. 101 et seq., and
in order to take further steps to promote economy and
efficiency in Federal Government procurement, it is
hereby ordered as follows:
SECTION 1. Policy. This order is designed to promote
economy and efficiency in Federal Government procurement. It is the policy of the executive branch to
enforce vigorously the civil rights laws of the United
States, including those laws that prohibit discriminatory practices with respect to compensation. Federal
contractors that employ such practices are subject to
enforcement action, increasing the risk of disruption,
delay, and increased expense in Federal contracting.
Compensation discrimination also can lead to labor disputes that are burdensome and costly.
When employees are prohibited from inquiring about,
disclosing, or discussing their compensation with fel-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

low workers, compensation discrimination is much
more difficult to discover and remediate, and more
likely to persist. Such prohibitions (either express or
tacit) also restrict the amount of information available
to participants in the Federal contracting labor pool,
which tends to diminish market efficiency and decrease
the likelihood that the most qualified and productive
workers are hired at the market efficient price. Ensuring that employees of Federal contractors may discuss
their compensation without fear of adverse action will
enhance the ability of Federal contractors and their
employees to detect and remediate unlawful discriminatory practices, which will contribute to a more efficient market in Federal contracting.
SEC. 2. [Amended Ex. Ord. No. 11246, set out above.]
SEC. 3. Regulations. Within 160 days of the date of this
order, the Secretary of Labor shall propose regulations
to implement the requirements of this order.
SEC. 4. Severability. If any provision of this order, or
the application of such provision or amendment to any
person or circumstance, is held to be invalid, the remainder of this order and the application of the provisions of such to any person or circumstances shall not
be affected thereby.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to limit the rights of an employee or
applicant for employment provided under any provision
of law. It also shall not be construed to prevent a Federal contractor covered by this order from pursuing a
defense, as long as the defense is not based on a rule,
policy, practice, agreement, or other instrument that
prohibits employees or applicants from discussing or
disclosing their compensation or the compensation of
other employees or applicants, subject to paragraph (3)
of section 202 of Executive Order 11246, as added by this
order.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) the authority granted by law to a department,
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
SEC. 6. Effective Date. This order shall become effective immediately, and shall apply to contracts entered
into on or after the effective date of rules promulgated
by the Department of Labor under section 3 of this
order.
BARACK OBAMA.
EX. ORD. NO. 13672. FURTHER AMENDMENTS TO EXECUTIVE ORDER 11478, EQUAL EMPLOYMENT OPPORTUNITY
IN THE FEDERAL GOVERNMENT, AND EXECUTIVE ORDER
11246, EQUAL EMPLOYMENT OPPORTUNITY
Ex. Ord. No. 13672, July 21, 2014, 79 F.R. 42971, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including 40 U.S.C. 121, and in order to provide for a uniform policy for the Federal Government
to prohibit discrimination and take further steps to
promote economy and efficiency in Federal Government procurement by prohibiting discrimination based
on sexual orientation and gender identity, it is hereby
ordered as follows:
SECTION 1. [Amended Ex. Ord. No. 11478, set out
above.]
SEC. 2. [Amended Ex. Ord. No. 11246, set out above.]
SEC. 3. Regulations. Within 90 days of the date of this
order, the Secretary of Labor shall prepare regulations
to implement the requirements of section 2 of this
order.

§ 2000e

SEC. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
SEC. 5. Effective Date. This order shall become effective immediately, and section 2 of this order shall
apply to contracts entered into on or after the effective
date of the rules promulgated by the Department of
Labor under section 3 of this order.
BARACK OBAMA.
ENHANCED COLLECTION OF RELEVANT DATA AND
STATISTICS RELATING TO WOMEN
Memorandum of President of the United States, Mar.
4, 2011, 76 F.R. 12823, provided:
Memorandum for the Heads of Executive Departments and Agencies
I am proud to work with the White House Council on
Women and Girls, the Office of Management and Budget, and the Department of Commerce on this week’s release of Women in America, a report detailing the status
of American women in the areas of families and income, health, employment, education, and violence and
crime. This report provides a snapshot of the status of
American women today, serving as a valuable resource
for Government officials, academics, members of nonprofit, nongovernmental, and news organizations, and
others.
My Administration is committed to ensuring that
Federal programs achieve policy goals in the most
cost-effective manner. The Women in America report, together with the accompanying website collection of relevant data, will assist Government officials in crafting
policies in light of available statistical evidence. It will
also assist the work of the nongovernmental sector, including journalists, public policy analysts, and academic researchers, by providing data that allow greater
understanding of policies and programs.
Preparation of this report revealed the vast data resources of the Federal statistical agencies. It also revealed some gaps in data collection. Gathering and
analyzing additional data to fill in the gaps could help
policymakers gather a more accurate and comprehensive view of the status and needs of American women.
Accordingly, I hereby request the heads of executive
departments and agencies, where possible within existing collections of data and in light of budgetary constraints, to identify and to seek to fill in gaps in statistics and improve survey methodology relating to
women wherever appropriate, including in the broad
areas covered by the Women in America report: families
and income, health, employment, education, and violence and crime.
Examples of some of the efforts that could be undertaken by departments and agencies with respect to the
gathering or design of comprehensive data related to
women include the following:
(a) Maternal Mortality. I encourage the National
Center for Health Statistics (NCHS) to continue to
work with States and other registration areas to complete the expeditious adoption of the most current
standards for the collection of information on vital
events, as well as the transition to electronic reporting
systems. Maternal mortality is an important indicator
of women’s health both internationally and nationally.
In the United States, maternal mortality statistics are
based upon the information recorded on death certificates and collected by State and local vital records offices. The NCHS compiles the data across the 50 States
and other registration areas. Due to concerns about
data quality in the ascertainment of maternal mor-

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tality statistics, the 2003 revision of the standard death
certificate introduced improved standards for collecting data. Until all 50 States and registration areas
adopt the new data standards, formulating a nationallevel maternal mortality ratio remains difficult.
(b) Women in Leadership in Corporate America.
Women participate in every sector of the workforce.
Their current role in corporate leadership is an important indicator of their progress. I encourage the Chair
of the Securities and Exchange Commission to seek to
supplement the information it already collects by seeking to collect, among other data, information on the
presence of women in governance positions in corporations, in order to shed further light on the role of
women in corporate America.
(c) Women in Leadership in Public Service. I encourage the Corporation for National and Community Service to include statistics about the role of women in diverse aspects of public service within its planned work
on measuring civic engagement.
This memorandum shall be carried out to the extent
permitted by law, consistent with the legal authorities
of executive departments and agencies and subject to
the availability of appropriations. Nothing in this
memorandum shall be construed to impair or otherwise
affect the authority granted by law to a department or
agency, or the head thereof; or the functions of the Director of the Office of Management and Budget relating
to budgetary, administrative, or legislative proposals.
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other
person.
The Director of the Office of Management and Budget
is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA.
PROMOTING DIVERSITY AND INCLUSION IN THE NATIONAL
SECURITY WORKFORCE
Memorandum of President of the United States, Oct.
5, 2016, 81 F.R. 69993, provided:
Memorandum for the Heads of Executive Departments and Agencies
Our greatest asset in protecting the homeland and
advancing our interests abroad is the talent and diversity of our national security workforce. Under my Administration, we have made important progress toward
harnessing the extraordinary range of backgrounds,
cultures, perspectives, skills, and experiences of the
U.S. population toward keeping our country safe and
strong. As the United States becomes more diverse and
the challenges we face more complex, we must continue
to invest in policies to recruit, retain, and develop the
best and brightest from all segments of our population.
Research has shown that diverse groups are more effective at problem solving than homogeneous groups, and
policies that promote diversity and inclusion will enhance our ability to draw from the broadest possible
pool of talent, solve our toughest challenges, maximize
employee engagement and innovation, and lead by example by setting a high standard for providing access
to opportunity to all segments of our society.
The purpose of this memorandum is to provide guidance to the national security workforce in order to
strengthen the talent and diversity of their respective
organizations. That workforce, which comprises more
than 3 million people, includes the following departments, agencies, offices, and other entities (agencies)
that are primarily engaged in diplomacy, development,
defense, intelligence, law enforcement, and homeland
security: 1) Department of State: Civil Service and Foreign Service; 2) United States Agency for International
Development (USAID): Civil Service and Foreign Service; 3) Department of Defense (DOD): commissioned officers, enlisted personnel, and civilian personnel; 4) the
17 members of the Intelligence Community; 5) Depart-

Page 4950

ment of the Treasury: Office of International Affairs
and Office of Critical Infrastructure Protection; 6) Department of Justice: National Security Division and
Federal Bureau of Investigation; and 7) Department of
Homeland Security.
The data collected by these agencies do not capture
the full range of diversity in the national security
workforce, but where data allow for broad comparison,
they indicate that agencies in this workforce are less
diverse on average than the rest of the Federal Government. For example, as of 2015, only the Department of
State and USAID Civil Services were more diverse in
terms of gender, race, and ethnicity than the Federal
workforce as a whole. When comparing the agencies’
workforces to their leadership personnel (Senior Executive Service (SES) or its equivalent), all agencies’ leadership staffs were less diverse than their respective
workforces in terms of gender, and all but DOD enlisted
personnel and USAID Civil Service had less diverse
leadership in terms of race and ethnicity. While these
data do not necessarily indicate the existence of barriers to equal employment opportunity, we can do more
to promote diversity in the national security workforce, consistent with merit system principles and applicable law.
When I issued Executive Order 13583 of August 18, 2011
(Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal
Workforce), I directed all departments and agencies to
develop and implement a more comprehensive, integrated, and strategic focus on diversity and inclusion.
This memorandum supports that effort by providing
guidance that 1) emphasizes a data-driven approach in
order to increase transparency and accountability at
all levels; 2) takes into account leading practices, research, and experience from the private and public sectors; and 3) complements ongoing actions that agencies
are taking pursuant to Executive Order 13583 and under
the leadership of the Diversity and Inclusion in Government Council, including but not limited to efforts related to gender, race, ethnicity, disability status, veterans, sexual orientation and gender identity, and
other demographic categories. This memorandum also
supports Executive Order 13714 of December 15, 2015
(Strengthening the Senior Executive Service), by directing agencies to take additional steps to expand the
pipeline of diverse talent into senior positions.
This memorandum also aligns with congressional efforts to promote the diversity of the national security
workforce, which have been reflected in legislation
such as the:
• FOREIGN SERVICE ACT OF 1980, which urged the Department of State to develop policies to encourage the
‘‘entry into and advancement in the Foreign Service by
persons from all segments of American society’’;
• INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 2004, which called on the Intelligence Community to prescribe personnel policies and programs that
ensure its personnel ‘‘are sufficiently diverse for purposes of the collection and analysis of intelligence
through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural,
and linguistic backgrounds’’; and
• NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL
YEAR 2013, which mandated that the U.S. military develop and implement a plan to accurately measure the
efforts of the military to ‘‘achieve a dynamic, sustainable level of members of the armed forces (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed
force, will reflect the diverse population of the United
States eligible to serve in the armed forces, including
gender specific, racial, and ethnic populations.’’
Promoting diversity and inclusion within the national security workforce must be a joint effort and requires engagement by senior leadership, managers, and
the entire workforce, as well as effective collaboration
among those responsible for human resources, equal
employment opportunity, and diversity and inclusion
issues. In implementing the guidance in this memo-

Page 4951

TITLE 42—THE PUBLIC HEALTH AND WELFARE

randum, agencies shall ensure their diversity and inclusion practices are fully integrated into broader succession planning efforts and supported by sufficient resource allocations and effective programs that invest
in personnel development and engagement. Where appropriate, they shall also support, coordinate, and encourage research and other efforts by the Federal Government to expand the knowledge base of best practices
for broadening participation and understanding the impact of diversity and inclusion on national security, including in the fields of science and technology.
Therefore, by the authority vested in me as President
by the Constitution and the laws of the United States
of America, I hereby direct the following:
SECTION 1. Collection, Analysis, and Dissemination of
Workforce Data. Although collected data do not necessarily indicate the existence of barriers to equal employment opportunity, the collection and analysis of
metrics allows agencies to assess their workforce talent gaps, as well as the effectiveness of their diversity
and inclusion efforts and the adequacy of their resources to address these gaps. The dissemination of
data to the public and to agency personnel may increase the transparency and accountability of their efforts. Accordingly, agencies in the national security
workforce shall:
(a) Make aggregate demographic data and other information available to the public and broader workforce. Agencies shall make available to the general public information on the state of diversity and inclusion in their
workforces. That information, which shall be updated
at least once a year, shall include aggregate demographic data by workforce or service and grade or rank;
attrition and promotion demographic data; validated
inclusion metrics such as the New Inclusion Quotient
(New IQ) index score; demographic comparisons to the
relevant civilian labor force; and unclassified reports
and barrier analyses related to diversity and inclusion.
Agencies may publish data in proportions or percentages to account for classification concerns, and the Intelligence Community may publish a community-wide
report with the data outlined in this section. In addition, agencies shall provide to their workforces, including senior leadership at the Secretary or Director level,
a report that includes demographic data and information on the status of diversity and inclusion efforts no
later than 90 days after the date of this memorandum
and on an annual basis thereafter (or in line with existing annual reporting requirements related to these
issues, if any).
(b) Expand the collection and analysis of voluntary applicant flow data. Applicant flow data tracks the selection rate variances for job positions among different
demographic categories and can assist agencies in examining the fairness and inclusiveness of their recruitment efforts. Agencies shall develop a system to collect
and analyze applicant flow data for as many positions
as practicable in order to identify future areas for improvement in attracting diverse talent, with particular
attention to senior and management positions. The collection of data may be implemented in a phased approach commensurate with agency resources. Agencies
shall include such analysis, including the percentage
and level of positions for which data are collected, and
any resulting policy changes or recommendations in
the report required by section 1(a) of this memorandum.
(c) Identify additional categories for voluntary data collection of current employees. The Federal Government
provides minimum reporting categories for agencies
collecting race and ethnicity information in the Office
of Management and Budget’s (OMB) Statistical Policy
Directive ‘‘Standards for Maintaining, Collecting, and
Presenting Federal Data on Race and Ethnicity.’’ That
standard also encourages agencies to collect more detailed data, which can be compared by aggregating
such data into minimum categories when necessary.
Further, agencies may also collect additional demographic data, such as information regarding sexual orientation or gender identity. No later than 90 days after

§ 2000e

the date of this memorandum, agencies shall determine
whether they recommend the voluntary collection of
more detailed demographic data on additional categories. This process shall involve close consultation
with internal stakeholders, such as employee resource
or affinity groups; clear communication with the workforce to explain the purpose of, legal protections related to, and anticipated use of such data; and adherence to relevant standards and guidance issued by the
Federal Government. Any determinations shall be submitted to OMB, the Office of Personnel Management
(OPM), the Equal Employment Opportunity Commission, and the Department of Labor for consideration.
SEC. 2. Provision of Professional Development Opportunities and Tools Consistent with Merit System Principles. An
inclusive work environment enhances agencies’ ability
to retain and sustain a strong workforce by allowing
all employees to perform at their full potential and
maximize their talent. Professional development opportunities and tools are key to fostering that potential,
and each agency should make it a priority to ensure
that all employees have access to them consistent with
merit system principles. Agencies in the national security workforce shall therefore:
(a) Conduct stay and exit interviews or surveys. Agencies shall conduct periodic interviews with a representative cross-section of personnel to understand their
reasons for staying with their organization, as well as
to receive feedback on workplace policies, professional
development opportunities, and other issues affecting
their decision to remain. They shall also provide an opportunity for exit interviews or surveys of all departing
personnel to understand better their reasons for leaving. Agencies shall include analysis from the interviews and surveys—including if and how the results of
the interviews differ by gender, race and national origin, sexual orientation, gender identity, disability status, and other demographic variables—and any resulting policy changes or recommendations in the report
required by section 1(a) of this memorandum.
(b) Expand provision of professional development and career advancement opportunities. Agencies shall prioritize
resources to expand professional development opportunities that support mission needs, such as academic
programs, private-public exchanges, and detail assignments to relevant positions in private or international
organizations; State, local, and tribal governments; or
other branches of the Federal Government. In addition,
agencies in the national security workforce shall offer,
or sponsor employees to participate in, an SES Candidate Development Program (CDP) or other programs
that train employees to gain the skills required for senior-level agency appointments. In determining which
employees are granted professional development or career advancement opportunities, agencies shall ensure
their SES CDP comports with the provisions of 5 C.F.R.
part 412, subpart C, including merit staffing and assessment requirements. Agencies shall also consider the
number of expected senior-level vacancies as a factor in
determining the number of candidates to select for
such programs. Agencies shall track the demographics
of program participants as well as the rate of placement into senior-level positions for participants in
such programs, evaluate such data on an annual basis
to look for ways to improve outreach and recruitment
for these programs consistent with merit system principles, and include such data in the report required by
section 1(a) of this memorandum.
(c) Institute a review process for security and counterintelligence determinations that result in assignment restrictions. For agencies in the national security workforce that place assignment restrictions on personnel
or otherwise prohibit certain geographic assignments
due to a security determination, these agencies shall
ensure a review process exists consistent with the Adjudicative Guidelines for Determining Eligibility for
Access to Classified Information, as well as applicable
counterintelligence considerations. Agencies shall ensure that affected personnel are informed of the right
to seek review and the process for doing so.

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEC. 3. Strengthening of Leadership Engagement and Accountability. Senior leadership and supervisors play an
important role in fostering diversity and inclusion in
the workforce they lead and in setting an example for
cultivating talent consistent with merit system principles. Toward that end, agencies in the national security workforce shall:
(a) Reward and recognize efforts to promote diversity and
inclusion. Agencies are strongly encouraged to consider
implementing performance and advancement requirements that reward and recognize senior leaders’ and supervisors’ efforts in fostering an inclusive environment
and cultivating talent consistent with merit system
principles, such as through participation in mentoring
programs or sponsorship initiatives, recruitment
events, and other opportunities. They are also encouraged to create opportunities for senior leadership and
supervisors to participate in outreach events and to
discuss issues related to diversity and inclusion with
the workforce on a regular basis, including with employee resource groups.
(b) Collect and disseminate voluntary demographic data
of external advisory committees and boards. For agencies
in the national security workforce that have external
advisory committees or boards to which their senior
leadership appoints members, they are strongly encouraged to collect voluntary demographic data from the
members of committee[s] and boards, and to include
such data in the information and report required by
section 1(a) of this memorandum.
(c) Expand training on unconscious bias, inclusion, and
flexible work policies. Agencies shall expand their provision of training on implicit or unconscious bias, inclusion, and flexible work policies and make implicit or
unconscious bias training mandatory for senior leadership and management positions, as well as for those responsible for outreach, recruitment, hiring, career development, promotion, and security clearance adjudication. The provision of training may be implemented in
a phased approach commensurate with agency resources. Agencies shall also make available training for
bureaus, directorates, or divisions whose inclusion
scores, such as those measured by the New IQ index,
consistently rank below the agency-wide average 3 or
more years in a row. Agencies should give special attention to ensuring the continuous incorporation of research-based best practices, including those to address
the intersectionality between certain demographics
and job positions.
SEC. 4. Reporting on Progress. No later than 120 days
after the date of this memorandum, and on an annual
basis thereafter, the Assistant to the President for National Security Affairs, in consultation with the Directors of OMB and OPM, shall report to the President on
the progress of the national security workforce in implementing the requirements of this memorandum,
based on information provided by relevant departments
and agencies.
SEC. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof, or the status of
that department or agency within the Federal Government; or
(ii) the functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Director of OPM is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA.

Page 4952

PROMOTING DIVERSITY AND INCLUSION IN OUR NATIONAL
PARKS, NATIONAL FORESTS, AND OTHER PUBLIC LANDS
AND WATERS
Memorandum of President of the United States, Jan.
12, 2017, 82 F.R. 6179, provided:
Memorandum for the Heads of Executive Departments and Agencies
Our Federal lands and waters are among our Nation’s
greatest treasures—from our National Parks and National Forests, to our wild and scenic rivers, recreation
areas, and other public lands and waters. These natural
and historic sites give us fresh air and clean water,
places for recreation and inspiration, and support for
our local communities and economies. As a powerful
sign of our democratic ideals, these lands belong to all
Americans—rich and poor, urban and rural, young and
old, from all backgrounds, genders, cultures, religious
viewpoints, and walks of life.
Our public lands and waters are treasured in part because they tell the story of our Nation. They preserve
the history from our Nation’s wars, protect cultural
sites considered sacred to countless Americans, and
honor the accomplishments of distinctly American
leaders ranging from Harriet Tubman to Abraham Lincoln to Cesar Chavez. I am proud that my Administration has greatly expanded the stories that our protected public lands and waters tell about our Nation
through designating a diverse collection of cultural and
historic sites as new parks and monuments and by restoring the Koyukon Athabascan name of Denali to the
tallest mountain in North America. I am proud, too,
that my Administration has sought to expand access to
our public lands and waters and to make them more
welcoming to all Americans, especially those who have
not regularly visited our Nation’s great outdoors or had
the means to do so easily. Initiatives like ‘‘Every Kid
in a Park’’ complement additional, ongoing efforts by
Federal agencies to improve accessibility, but more
work must be done to honor the promise and opportunity of the idea that our public lands belong to every
American. Over the last 8 years, Federal land and water
management agencies have also shown a renewed commitment to promoting equal opportunity for all employees and in creating work environments where everyone is empowered to reach their full potential.
The purpose of this memorandum is to ensure that all
Americans have the opportunity to experience and
enjoy our public lands and waters, that all segments of
the population have the chance to engage in decisions
about how our lands and waters are managed, and that
our Federal workforce—not just the sites it manages—
is drawn from the rich range of the diversity in our Nation. In this memorandum, ‘‘diversity’’ refers to a
range of characteristics including national origin, language, race, color, disability, ethnicity, age, religion,
sexual orientation, gender (including gender identity),
socioeconomic status, veteran status, and family structure. The term ‘‘inclusion’’ refers to a culture that connects each employee to the organization; encourages
collaboration, flexibility, and fairness; and promotes
diversity throughout the organization so that all individuals have opportunities to participate and contribute to their full potential.
This memorandum is directed at the Department of
the Interior, the U.S. Forest Service, the Office of the
Assistant Secretary of the Army for Civil Works, and
the National Oceanic and Atmospheric Administration
(covered agencies).
Promoting diversity and inclusion is not the sole responsibility of one office within a Federal agency but a
joint effort that requires engagement by senior leadership and the entire workforce. In implementing the
guidance in this memorandum, each covered agency
shall ensure its diversity and inclusion practices are
fully integrated into broader planning efforts and supported by sufficient resource allocations and effective
programs that promote a wide range of investments in
personnel development, public engagement, and opportunities for inclusive access.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Therefore, by the authority vested in me as President
by the Constitution and the laws of the United States
of America, I hereby direct the following:
SECTION 1. Diversity and Inclusion in the Federal Workforce. The quality and integrity of our National Parks,
National Forests, and other public lands and waters depend on the public servants who steward them for the
benefit of current and future generations. To ensure we
are managing these resources responsibly, we must
have a diverse and inclusive Federal workforce practicing public land management that recognizes the
challenges facing communities across the Nation. A
more diverse and inclusive Federal workforce also creates a more welcoming experience for all Americans, no
matter their background or where they live, and encourages engagement with Federal agencies on the
management and future of our public lands and waters.
Consistent with existing authorities, each covered
agency shall prioritize building a more diverse and inclusive Federal workforce reflective of our Nation and
its citizens.
Federal agencies are subject to existing authorities
aimed at addressing the leadership role and obligations
of the Federal Government as an employer. For example, Executive Order 13583 of August 18, 2011 (Establishing a Coordinated Government-wide Initiative to
Promote Diversity and Inclusion in the Federal Workforce), requires Federal agencies to take action to promote equal opportunity, diversity, and inclusion in the
Federal workforce. Federal agencies also are required
by section 717 of title VII of the Civil Rights Act of 1964
to take proactive steps to ensure equal opportunity for
all Federal employees and applicants for Federal employment. This memorandum directs each of the covered agencies to pursue additional actions that create
and maintain a diverse and inclusive Federal workforce. Toward that end, each covered agency shall integrate the following activities in its efforts to comply
with related statutory mandates, Executive Orders,
regulatory requirements, and individual agency policies:
(a) Provide professional development opportunities
and tools. A diverse and inclusive work environment
enhances the ability of each covered agency to create,
retain, and sustain a strong workforce by allowing all
employees to perform to their full potential and talent.
Professional development opportunities and tools are
key to fostering that potential, and ensuring that all
employees have access to them should be a priority for
all agencies, consistent with merit system principles.
Accordingly, each covered agency shall:
(i) Develop a mechanism to conduct periodic interviews with a voluntary representative cross-section of
its workforce to gain a more complete understanding of
the reasons that employees choose to stay with their
organizations, as well as to receive feedback on workplace policies, professional development opportunities,
and other issues;
(ii) Provide optional exit interviews or surveys for all
departing personnel;
(iii) Collect information as needed to identify methods for attracting applicants to Federal employment
and retaining diverse workplace talent through existing workforce programs and initiatives;
(iv) Prioritize resources, as appropriate, to expand
professional development opportunities that support
mission needs, such as academic and fellowship programs, private-public exchanges, and detail assignments to private or international organizations, State,
local and tribal governments, or other branches of the
Federal Government;
(v) Offer, or sponsor employees to participate in, a
Senior Executive Service Candidate Development Program or other program that trains employees to gain
the skills required for senior-level appointments. Each
covered agency shall consider the number of expected
senior-level vacancies as one factor in determining the
number of candidates to select for such programs. In
the selection process for these programs, each covered
agency shall consider redacting personal information,

§ 2000e

including applicant names, from all materials provided
for review to reduce the potential for unconscious bias.
Each covered agency also shall evaluate on a retroactive basis the placement rate of program graduates
into senior-level positions, including available demographic data, on an annual basis to look for ways to
improve outreach and recruitment for these programs
consistent with merit system principles. Each covered
agency shall consult with the Office of Personnel Management (OPM) on the development or enhancement of
data-collection tools to conduct these evaluations; and
(vi) Seek additional opportunities for the development and implementation of upward mobility programs.
(b) Strengthen leadership engagement and accountability. Senior leadership and supervisors play an important role in fostering diversity and inclusion in the
workforce they lead and setting an example for cultivating this and future generations of talent. Toward
that end, each covered agency shall:
(i) Reward and recognize efforts to promote diversity
and inclusion in the workforce. Consistent with merit
system principles, each covered agency is strongly encouraged to consider implementing performance and
advancement requirements that reward and recognize
senior leaders’ and supervisors’ success in fostering diverse and inclusive workplace environments and in cultivating talent, such as through participation in mentoring programs or sponsorship initiatives, recruitment
events, and other opportunities. Each covered agency
also is encouraged to identify opportunities for senior
leadership and supervisors to participate in outreach
events and discuss issues related to promoting diversity and inclusion in its workforce on a regular basis
with support from any existing employee resource
group, as appropriate; and
(ii) Expand training on unconscious bias, diversity
and inclusion, and flexible work policies. Each covered
agency shall expand its provision of training on unconscious bias, diversity and inclusion, and flexible work
policies and make unconscious bias training mandatory
for senior leadership and management positions, including for employees responsible for outreach, recruitment, hiring, career development, promotion, and law
enforcement. The provision of training may be implemented in a phased approach commensurate with agency resources. Each covered agency shall also make
available training on a 2-year cycle for bureaus, directorates, or divisions for which inclusion scores, such as
those measured by the New IQ index, demonstrate no
improvement since the previous training cycle. Special
attention should be given to ensure the continuous incorporation of research-based best practices, including
those to address the relationship between certain demographics and job positions.
(c) Analyze existing data and identify opportunities
for improvement. Each covered agency shall continue
to evaluate and eliminate existing barriers to the successful growth of diversity and inclusion in the Federal
workplace. The following actions shall be taken to ensure continued progress on this issue:
(i) Each covered agency shall integrate the activities
described under subsections (a) and (b) of this section
in the priorities and actions outlined in Executive
Order 13583 and the periodic agency self-assessments
and barrier analyses required by Equal Employment
Opportunity Commission Management Directive 715,
and shall make such assessments and analyses publicly
available;
(ii) Human resources and any appropriate diversity
and leadership staff from each of the covered agencies
shall meet at least twice each year with agency leadership to discuss actions pursued under sections 1(a) and
1(b) of this memorandum, including working to identify
and eliminate barriers to promoting diversity and inclusion in agency workforces and to discuss potential
actions to improve hiring programs, recruitment, and
workforce training and development. Where data gaps
are identified, each covered agency is encouraged to
collect additional information as needed in order to

§ 2000e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

identify methods for attracting and retaining talent
from diverse populations, with particular attention to
senior and management positions. Each covered agency
shall consult with OPM on the development or enhancement of data-collection tools to collect this information; and
(iii) OPM shall continue to review covered agencyspecific diversity and inclusion plans and provide recommended modifications for agency consideration, including recommendations on strategies to promote diversity and inclusion in agency workforces and potential improvements to the use of existing agency hiring
authorities.
SEC. 2. Enhancing Opportunities for all Americans to Experience Public Lands and Waters. (a) Recognizing that
our public lands belong to all Americans, it is critical
that all Americans can experience Federal lands and
waters and the benefits they provide, and that diverse
populations are able to provide input to inform the
management and stewardship of these important resources. In order to achieve this goal, each covered
agency shall:
(i) Identify site-specific opportunities. As each covered agency periodically updates or develops new management plans for its lands and waters, it shall evaluate specific barriers and opportunities, as appropriate,
to improve visitation, access, and recreational opportunities for diverse populations;
(ii) Update policies to ensure engagement with diverse constituencies. As policy manuals and handbooks
are updated, each covered agency shall ensure that
these materials reflect the importance of engaging
with diverse populations in resource protection, land
and water management, and program planning and decisionmaking, as appropriate;
(iii) Establish internal policies for recipients of Federal funding. Each covered agency shall ensure that
State, local, tribal, and private sector recipients of
Federal funding are taking action to improve visitation, access, and recreational opportunities for diverse
populations;
(iv) Identify public liaisons. Within 90 days of the
issuance of this memorandum, each covered agency
shall identify multiple public liaisons with a diversity
of backgrounds and perspectives to be charged with facilitating input from and engaging with diverse populations in land and water management processes;
(v) Identify opportunities on advisory councils and
stakeholder committees. Within 120 days of the
issuance of this memorandum, each covered agency
shall identify opportunities to promote participation
by diverse populations in advisory councils and stakeholder committees established to support public land
or water management; environmental, public health, or
energy development planning; and other relevant decisionmaking; and
(vi) Develop an action plan. Within 1 year of the
issuance of this memorandum, each covered agency
shall provide a publicly available action plan to the
Chair of the White House Council on Environmental
Quality identifying specific actions the agency will
take to 1) improve access for diverse populations—particularly for minority, low-income, and disabled populations and tribal communities—to experience and
enjoy our Federal lands and waters, and 2) address barriers to their participation in the protection and management of important historic, cultural, or natural
areas. Each covered agency shall identify in its action
plan any critical barriers to achieving both of these
goals. This barrier evaluation should draw on internal
staff input as well as external perspectives, including
interviews, surveys, and engagement with non-governmental entities, as appropriate and as resources allow.
Each action plan should include specific steps that the
covered agency will take to address identified barriers,
including national as well as regional strategies, and,
where appropriate, site-specific initiatives. Each covered agency should work through the Federal Recreation Council (FRC) to assist with the development of
this action plan and use the FRC to share best prac-

Page 4954

tices and recommendations regarding specific programs
and initiatives.
(b) In identifying actions to improve opportunities
for all Americans to experience our Federal lands and
waters, each covered agency should consider a range of
actions including the following:
(i) Conducting active outreach to diverse populations—particularly minority, low-income, and disabled populations and tribal communities—to increase
awareness about specific programs and opportunities;
(ii) Focusing on the mentoring of new environmental,
outdoor recreation, and preservation leaders to increase diverse representation in these areas and on our
public lands;
(iii) Forging new partnerships with State, local, tribal, private, and non-profit partners to expand access for
diverse populations, particularly those in the immediate vicinity of a protected area;
(iv) Identifying and making improvements to existing
programs to increase visitation and access by diverse
populations—particularly minority, low-income, and
disabled populations and tribal communities;
(v) Creating new programs, especially those that
could address certain gaps that are identified;
(vi) Expanding the use of multilingual and culturally
appropriate materials, including American Sign Language, in public communications and educational
strategies, including through social media strategies,
as appropriate, that target diverse populations;
(vii) Continuing coordinated, interagency efforts to
promote youth engagement and empowerment, including fostering new partnerships with diversity- and
youth-serving organizations and new partnerships with
urban areas and programs; and
(viii) Identifying possible staff liaisons to diverse
populations, particularly those in the immediate vicinity of a given protected area.
(c) In identifying actions to improve opportunities
for all Americans to participate in the protection and
management of important historic, cultural, and natural areas, each covered agency shall consider a range
of actions including the following:
(i) Considering recommendations and proposals from
diverse populations to protect at-risk historic, cultural, and natural sites;
(ii) Improving the availability and distribution of relevant information about ongoing land and water management planning and policy revisions;
(iii) Identifying agency staff charged with outreach
to diverse populations;
(iv) Identifying opportunities to facilitate public participation from interested diverse populations facing financial barriers, including through partnerships, where
appropriate, with philanthropic organizations and tribal, State, and local governments; and
(v) Taking other actions to increase opportunities for
diverse populations to provide input and recommendations on protecting, improving access to, or otherwise
managing important historic, cultural, or natural
areas, with an emphasis on stakeholders facing significant barriers to participation.
SEC. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof, or the status
of that department or agency within the Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(c) The Secretary of the Interior is hereby authorized
and directed to publish this memorandum in the Federal Register.
BARACK OBAMA.

Page 4955

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 2000e–1. Exemption
(a) Inapplicability of subchapter to certain aliens
and employees of religious entities
This subchapter shall not apply to an employer with respect to the employment of aliens
outside any State, or to a religious corporation,
association, educational institution, or society
with respect to the employment of individuals of
a particular religion to perform work connected
with the carrying on by such corporation, association, educational institution, or society of its
activities.
(b) Compliance with statute as violative of foreign law
It shall not be unlawful under section 2000e–2
or 2000e–3 of this title for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labormanagement committee controlling apprenticeship or other training or retraining (including
on-the-job training programs) to take any action otherwise prohibited by such section, with
respect to an employee in a workplace in a foreign country if compliance with such section
would cause such employer (or such corporation), such organization, such agency, or such
committee to violate the law of the foreign
country in which such workplace is located.
(c) Control of corporation incorporated in foreign country
(1) If an employer controls a corporation
whose place of incorporation is a foreign country, any practice prohibited by section 2000e–2 or
2000e–3 of this title engaged in by such corporation shall be presumed to be engaged in by such
employer.
(2) Sections 2000e–2 and 2000e–3 of this title
shall not apply with respect to the foreign operations of an employer that is a foreign person
not controlled by an American employer.
(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on—
(A) the interrelation of operations;
(B) the common management;
(C) the centralized control of labor relations;
and
(D) the common ownership or financial control,

§ 2000e–2

nected with the educational activities of such institution.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–166 inapplicable to conduct occurring before Nov. 21, 1991, see section 109(c) of
Pub. L. 102–166, set out as a note under section 2000e of
this title.

§ 2000e–2. Unlawful employment practices
(a) Employer practices
It shall be an unlawful employment practice
for an employer—
(1) to fail or refuse to hire or to discharge
any individual, or otherwise to discriminate
against any individual with respect to his
compensation, terms, conditions, or privileges
of employment, because of such individual’s
race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any
way which would deprive or tend to deprive
any individual of employment opportunities or
otherwise adversely affect his status as an employee, because of such individual’s race,
color, religion, sex, or national origin.
(b) Employment agency practices
It shall be an unlawful employment practice
for an employment agency to fail or refuse to
refer for employment, or otherwise to discriminate against, any individual because of his race,
color, religion, sex, or national origin, or to
classify or refer for employment any individual
on the basis of his race, color, religion, sex, or
national origin.

AMENDMENTS

(c) Labor organization practices
It shall be an unlawful employment practice
for a labor organization—
(1) to exclude or to expel from its membership, or otherwise to discriminate against, any
individual because of his race, color, religion,
sex, or national origin;
(2) to limit, segregate, or classify its membership or applicants for membership, or to
classify or fail or refuse to refer for employment any individual, in any way which would
deprive or tend to deprive any individual of
employment opportunities, or would limit
such employment opportunities or otherwise
adversely affect his status as an employee or
as an applicant for employment, because of
such individual’s race, color, religion, sex, or
national origin; or
(3) to cause or attempt to cause an employer
to discriminate against an individual in violation of this section.

1991—Pub. L. 102–166 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
1972—Pub. L. 92–261 reenacted section catchline without change and amended text generally. Prior to
amendment, text read as follows: ‘‘This subchapter
shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious
corporation, association, or society with respect to the
employment of individuals of a particular religion to
perform work connected with the carrying on by such
corporation, association, or society of its religious activities or to an educational institution with respect to
the employment of individuals to perform work con-

(d) Training programs
It shall be an unlawful employment practice
for any employer, labor organization, or joint
labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his
race, color, religion, sex, or national origin in
admission to, or employment in, any program
established to provide apprenticeship or other
training.

of the employer and the corporation.
(Pub. L. 88–352, title VII, § 702, July 2, 1964, 78
Stat. 255; Pub. L. 92–261, § 3, Mar. 24, 1972, 86
Stat. 103; Pub. L. 102–166, title I, § 109(b)(1), Nov.
21, 1991, 105 Stat. 1077.)

§ 2000e–2

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(e) Businesses or enterprises with personnel
qualified on basis of religion, sex, or national
origin; educational institutions with personnel of particular religion
Notwithstanding any other provision of this
subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and
employ employees, for an employment agency to
classify, or refer for employment any individual,
for a labor organization to classify its membership or to classify or refer for employment any
individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his
religion, sex, or national origin in those certain
instances where religion, sex, or national origin
is a bona fide occupational qualification reasonably necessary to the normal operation of that
particular business or enterprise, and (2) it shall
not be an unlawful employment practice for a
school, college, university, or other educational
institution or institution of learning to hire and
employ employees of a particular religion if
such school, college, university, or other educational institution or institution of learning is,
in whole or in substantial part, owned, supported, controlled, or managed by a particular
religion or by a particular religious corporation,
association, or society, or if the curriculum of
such school, college, university, or other educational institution or institution of learning is
directed toward the propagation of a particular
religion.
(f) Members of Communist Party or Communistaction or Communist-front organizations
As used in this subchapter, the phrase ‘‘unlawful employment practice’’ shall not be deemed
to include any action or measure taken by an
employer, labor organization, joint labor-management committee, or employment agency
with respect to an individual who is a member of
the Communist Party of the United States or of
any other organization required to register as a
Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive
Activities Control Act of 1950 [50 U.S.C. 781 et
seq.].
(g) National security
Notwithstanding any other provision of this
subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse
to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment
agency to fail or refuse to refer any individual
for employment in any position, or for a labor
organization to fail or refuse to refer any individual for employment in any position, if—
(1) the occupancy of such position, or access
to the premises in or upon which any part of
the duties of such position is performed or is
to be performed, is subject to any requirement
imposed in the interest of the national security of the United States under any security
program in effect pursuant to or administered
under any statute of the United States or any
Executive order of the President; and

Page 4956

(2) such individual has not fulfilled or has
ceased to fulfill that requirement.
(h) Seniority or merit system; quantity or quality
of production; ability tests; compensation
based on sex and authorized by minimum
wage provisions
Notwithstanding any other provision of this
subchapter, it shall not be an unlawful employment practice for an employer to apply different
standards of compensation, or different terms,
conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or
a system which measures earnings by quantity
or quality of production or to employees who
work in different locations, provided that such
differences are not the result of an intention to
discriminate because of race, color, religion,
sex, or national origin, nor shall it be an unlawful employment practice for an employer to give
and to act upon the results of any professionally
developed ability test provided that such test,
its administration or action upon the results is
not designed, intended or used to discriminate
because of race, color, religion, sex or national
origin. It shall not be an unlawful employment
practice under this subchapter for any employer
to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by
the provisions of section 206(d) of title 29.
(i) Businesses or enterprises extending preferential treatment to Indians
Nothing contained in this subchapter shall
apply to any business or enterprise on or near an
Indian reservation with respect to any publicly
announced employment practice of such business or enterprise under which a preferential
treatment is given to any individual because he
is an Indian living on or near a reservation.
(j) Preferential treatment not to be granted on
account of existing number or percentage
imbalance
Nothing contained in this subchapter shall be
interpreted to require any employer, employment agency, labor organization, or joint labormanagement committee subject to this subchapter to grant preferential treatment to any
individual or to any group because of the race,
color, religion, sex, or national origin of such individual or group on account of an imbalance
which may exist with respect to the total number or percentage of persons of any race, color,
religion, sex, or national origin employed by any
employer, referred or classified for employment
by any employment agency or labor organization, admitted to membership or classified by
any labor organization, or admitted to, or employed in, any apprenticeship or other training
program, in comparison with the total number
or percentage of persons of such race, color, religion, sex, or national origin in any community,
State, section, or other area, or in the available
work force in any community, State, section, or
other area.
(k) Burden of proof in disparate impact cases
(1)(A) An unlawful employment practice based
on disparate impact is established under this
subchapter only if—

Page 4957

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) a complaining party demonstrates that a
respondent uses a particular employment
practice that causes a disparate impact on the
basis of race, color, religion, sex, or national
origin and the respondent fails to demonstrate
that the challenged practice is job related for
the position in question and consistent with
business necessity; or
(ii) the complaining party makes the demonstration described in subparagraph (C) with
respect to an alternative employment practice
and the respondent refuses to adopt such alternative employment practice.
(B)(i) With respect to demonstrating that a
particular employment practice causes a disparate impact as described in subparagraph
(A)(i), the complaining party shall demonstrate
that each particular challenged employment
practice causes a disparate impact, except that
if the complaining party can demonstrate to the
court that the elements of a respondent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process
may be analyzed as one employment practice.
(ii) If the respondent demonstrates that a specific employment practice does not cause the
disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.
(C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law
as it existed on June 4, 1989, with respect to the
concept of ‘‘alternative employment practice’’.
(2) A demonstration that an employment practice is required by business necessity may not be
used as a defense against a claim of intentional
discrimination under this subchapter.
(3) Notwithstanding any other provision of
this subchapter, a rule barring the employment
of an individual who currently and knowingly
uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)),
other than the use or possession of a drug taken
under the supervision of a licensed health care
professional, or any other use or possession authorized by the Controlled Substances Act [21
U.S.C. 801 et seq.] or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if
such rule is adopted or applied with an intent to
discriminate because of race, color, religion,
sex, or national origin.
(l) Prohibition of discriminatory use of test
scores
It shall be an unlawful employment practice
for a respondent, in connection with the selection or referral of applicants or candidates for
employment or promotion, to adjust the scores
of, use different cutoff scores for, or otherwise
alter the results of, employment related tests on
the basis of race, color, religion, sex, or national
origin.
(m) Impermissible consideration of race, color,
religion, sex, or national origin in employment practices
Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party dem-

§ 2000e–2

onstrates that race, color, religion, sex, or national origin was a motivating factor for any
employment practice, even though other factors
also motivated the practice.
(n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders
(1)(A) Notwithstanding any other provision of
law, and except as provided in paragraph (2), an
employment practice that implements and is
within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or
Federal civil rights laws may not be challenged
under the circumstances described in subparagraph (B).
(B) A practice described in subparagraph (A)
may not be challenged in a claim under the Constitution or Federal civil rights laws—
(i) by a person who, prior to the entry of the
judgment or order described in subparagraph
(A), had—
(I) actual notice of the proposed judgment
or order sufficient to apprise such person
that such judgment or order might adversely
affect the interests and legal rights of such
person and that an opportunity was available to present objections to such judgment
or order by a future date certain; and
(II) a reasonable opportunity to present
objections to such judgment or order; or
(ii) by a person whose interests were adequately represented by another person who
had previously challenged the judgment or
order on the same legal grounds and with a
similar factual situation, unless there has
been an intervening change in law or fact.
(2) Nothing in this subsection shall be construed to—
(A) alter the standards for intervention
under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who
have successfully intervened pursuant to such
rule in the proceeding in which the parties intervened;
(B) apply to the rights of parties to the action in which a litigated or consent judgment
or order was entered, or of members of a class
represented or sought to be represented in
such action, or of members of a group on
whose behalf relief was sought in such action
by the Federal Government;
(C) prevent challenges to a litigated or consent judgment or order on the ground that
such judgment or order was obtained through
collusion or fraud, or is transparently invalid
or was entered by a court lacking subject matter jurisdiction; or
(D) authorize or permit the denial to any
person of the due process of law required by
the Constitution.
(3) Any action not precluded under this subsection that challenges an employment consent
judgment or order described in paragraph (1)
shall be brought in the court, and if possible before the judge, that entered such judgment or
order. Nothing in this subsection shall preclude
a transfer of such action pursuant to section
1404 of title 28.

§ 2000e–3

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 88–352, title VII, § 703, July 2, 1964, 78
Stat. 255; Pub. L. 92–261, § 8(a), (b), Mar. 24, 1972,
86 Stat. 109; Pub. L. 102–166, title I, §§ 105(a), 106,
107(a), 108, Nov. 21, 1991, 105 Stat. 1074–1076.)
REFERENCES IN TEXT
The Subversive Activities Control Act of 1950, referred to in subsec. (f), is title I (§§ 1–32) of act Sept. 23,
1950, ch. 1024, 64 Stat. 987, which is classified principally
to subchapter I (§ 781 et seq.) of chapter 23 of Title 50,
War and National Defense. For complete classification
of this Act to the Code, see Tables.
The Controlled Substances Act, referred to in subsec.
(k)(3), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat.
1242, which is classified principally to subchapter I
(§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs.
For complete classification of this Act to the Code, see
Short Title note set out under section 801 of Title 21
and Tables.
The Federal Rules of Civil Procedure, referred to in
subsec. (n)(2)(A), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
AMENDMENTS
1991—Subsec. (k). Pub. L. 102–166, § 105(a), added subsec. (k).
Subsec. (l). Pub. L. 102–166, § 106, added subsec. (l).
Subsec. (m). Pub. L. 102–166, § 107(a), added subsec.
(m).
Subsec. (n). Pub. L. 102–166, § 108, added subsec. (n).
1972—Subsec. (a)(2). Pub. L. 92–261, § 8(a), inserted ‘‘or
applicants for employment’’ after ‘‘his employees’’.
Subsec. (c)(2). Pub. L. 92–261, § 8(b), inserted ‘‘or applicants for membership’’ after ‘‘membership’’.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–166 effective Nov. 21, 1991,
except as otherwise provided, see section 402 of Pub. L.
102–166, set out as a note under section 1981 of this title.
SUBVERSIVE ACTIVITIES CONTROL BOARD
Subversive Activities Control Board established by
act Sept. 23, 1950, ch. 1024, § 12, 64 Stat. 977, and ceased
to operate on June 30, 1973.

§ 2000e–3. Other unlawful employment practices
(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings
It shall be an unlawful employment practice
for an employer to discriminate against any of
his employees or applicants for employment, for
an employment agency, or joint labor-management committee controlling apprenticeship or
other training or retraining, including on-thejob training programs, to discriminate against
any individual, or for a labor organization to
discriminate against any member thereof or applicant for membership, because he has opposed
any practice made an unlawful employment
practice by this subchapter, or because he has
made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
(b) Printing or publication of notices or advertisements indicating prohibited preference,
limitation, specification, or discrimination;
occupational qualification exception
It shall be an unlawful employment practice
for an employer, labor organization, employment agency, or joint labor-management committee controlling apprenticeship or other
training or retraining, including on-the-job

Page 4958

training programs, to print or publish or cause
to be printed or published any notice or advertisement relating to employment by such an
employer or membership in or any classification
or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment
agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint
labor-management committee, indicating any
preference, limitation, specification, or discrimination, based on race, color, religion, sex,
or national origin, except that such a notice or
advertisement may indicate a preference, limitation, specification, or discrimination based on
religion, sex, or national origin when religion,
sex, or national origin is a bona fide occupational qualification for employment.
(Pub. L. 88–352, title VII, § 704, July 2, 1964, 78
Stat. 257; Pub. L. 92–261, § 8(c), Mar. 24, 1972, 86
Stat. 109.)
AMENDMENTS
1972—Subsec. (a). Pub. L. 92–261, § 8(c)(1), inserted provision making it an unlawful employment practice for
a joint labor-management committee controlling apprenticeship or other training or retraining, including
on-the-job training programs, to discriminate against
the specified individuals.
Subsec. (b). Pub. L. 92–261, § 8(c)(2), inserted provisions making prohibitions applicable to joint labormanagement committees controlling apprenticeship or
other training or retraining, including on-the-job training programs, and notices or advertisements of such
joint labor-management committees relating to admission to, or employment in, any program established to
provide apprenticeship or other training.

§ 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 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 Com-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

mission, 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—

§ 2000e–4

(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 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 1 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 com1 See

References in Text note below.

§ 2000e–4

TITLE 42—THE PUBLIC HEALTH AND WELFARE

pliance 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.
(Pub. L. 88–352, title VII, § 705, July 2, 1964, 78
Stat. 258; Pub. L. 92–261, § 8(d)–(f), Mar. 24, 1972,
86 Stat. 109, 110; Pub. L. 93–608, § 3(1), Jan. 2, 1975,
88 Stat. 1972; Pub. L. 95–251, § 2(a)(11), Mar. 27,

Page 4960

1978, 92 Stat. 183; Pub. L. 102–166, title I, §§ 110(a),
111, Nov. 21, 1991, 105 Stat. 1078; Pub. L. 102–411,
§ 2, Oct. 14, 1992, 106 Stat. 2102; Pub. L. 104–66,
title II, § 2031, Dec. 21, 1995, 109 Stat. 728.)
REFERENCES IN TEXT
The General Schedule, referred to in subsec. (a), is set
out under section 5332 of Title 5.
The effective date of this Act, referred to in subsec.
(b)(1), probably means the date of enactment of Pub. L.
92–261, which was approved Mar. 24, 1972.
Section 7324 of title 5, referred to in subsec. (i), which
related to Executive agency employees or District of
Columbia government employees influencing elections
or taking part in political campaigns, was omitted in
the general revision of subchapter III of chapter 73 of
Title 5 by Pub. L. 103–94, § 2(a), Oct. 6, 1993, 107 Stat.
1003, which enacted a new section 7324, relating to prohibition of political activities while on duty. See section 7323 of Title 5.
CODIFICATION
In subsec. (a), reference to section ‘‘5372’’ of title 5
substituted for reference to section ‘‘5362’’ on authority
of Pub. L. 95–454, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat.
1221, which redesignated sections 5361 through 5365 of
title 5 as sections 5371 through 5375.
In subsec. (i), ‘‘section 7324 of title 5’’ substituted for
‘‘section 9 of the Act of August 2, 1939, as amended (the
Hatch Act)’’ on authority of Pub. L. 89–554, § 7(b), Sept.
6, 1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees. Prior
to the enactment of Title 5, section 9 of the Act of August 2, 1939, as amended, was classified to section 118i
of Title 5.
AMENDMENTS
1995—Subsec. (k)(2)(C). Pub. L. 104–66 substituted ‘‘including information, presented in the aggregate, relating to’’ for ‘‘including’’ in introductory provisions,
‘‘the number of persons and entities’’ for ‘‘the identity
of each person or entity’’ in cl. (i), ‘‘such persons and
entities’’ for ‘‘such person or entity’’ in cl. (ii), and
‘‘fees’’ for ‘‘fee’’ and ‘‘such persons and entities’’ for
‘‘such person or entity’’ in cl. (iii).
1992—Subsec. (k). Pub. L. 102–411 added subsec. (k).
1991—Subsec. (h). Pub. L. 102–166, § 111, designated existing provisions as par. (1) and added par. (2).
Subsec. (j). Pub. L. 102–166, § 110(a), added subsec. (j).
1978—Subsec. (a). Pub. L. 95–251 substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ wherever
appearing.
1975—Subsec. (e). Pub. L. 93–608 struck out reporting
requirement of names, salaries, and duties of all individuals in employ of Commission.
1972—Subsec. (a). Pub. L. 92–261, § 8(d), struck out provisions setting forth length of terms of original members of Commission and provisions authorizing Vice
Chairman to act as Chairman in certain circumstances,
inserted provisions relating to continuation in office of
all members of Commission, and substituted provisions
requiring appointment of officers, etc., in accordance
with provisions of title 5, fixing compensation of such
officers, etc., in accordance with provisions of chapter
51 and subchapter III of chapter 53 of title 5, relating to
classification and General Schedule pay rates, and requiring assignment, removal, and compensation of
hearing examiners in accordance with specified sections, for provisions requiring appointment of officers,
etc., in accordance with civil service laws, and fixing
compensation of such officers, etc., in accordance with
the Classification Act of 1949, as amended.
Subsecs. (b) to (e). Pub. L. 92–261, § 8(e), added subsec.
(b), struck out subsec. (e) which amended sections 2204
and 2205 of former Title 5, Executive Departments and
Government Officers and Employees, and redesignated
existing subsecs. (b), (c), and (d) as (c), (d), and (e), respectively.
Subsec. (g)(6). Pub. L. 92–261, § 8(f), substituted provisions which authorized Commission to intervene in a

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

civil action brought under section 2000e–5 of this title
where respondent is other than a government, governmental agency, or political subdivision for provisions
which authorized Commission to refer matters to Attorney General with recommendations to intervene or
institute civil actions.
Subsecs. (h) to (j). Pub. L. 92–261, § 8(e)(2), (3), struck
out subsec. (h) which provided for legal representation
for Commission, and redesignated subsecs. (i) and (j) as
(h) and (i), respectively.
EFFECTIVE DATE OF 1991 AMENDMENT
Pub. L. 102–166, title I, § 110(b), Nov. 21, 1991, 105 Stat.
1078, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on the
date of the enactment of this Act [Nov. 21, 1991].’’
Amendment by section 111 of Pub. L. 102–166 effective
Nov. 21, 1991, except as otherwise provided, see section
402 of Pub. L. 102–166, set out as a note under section
1981 of this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report required
under subsec. (e) of this section is listed in item 20 on
page 165), see section 3003 of Pub. L. 104–66, as amended,
and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554,
set out as notes under section 1113 of Title 31, Money
and Finance.
REORGANIZATION PLAN NO. 1 OF 1978 SUPERSEDED BY
CIVIL SERVICE REFORM ACT OF 1978
Pub. L. 95–454, title IX, § 905, Oct. 13, 1978, 92 Stat.
1224, provided in part that any provision in Reorganization Plan No. 1 of 1978 [set out below] inconsistent with
any provision of that Act [see Tables for classification]
was superseded thereby.
REORGANIZATION PLAN NO. 1 OF 1978
43 F.R. 19807, 92 Stat. 3781
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 23, 1978, pursuant to the provisions
of Chapter 9 of Title 5 of the United States Code.
EQUAL EMPLOYMENT OPPORTUNITY
SECTION 1. TRANSFER OF EQUAL PAY ENFORCEMENT
FUNCTIONS
All functions related to enforcing or administering
Section 6(d) of the Fair Labor Standards Act, as
amended, (29 U.S.C. 206(d)) are hereby transferred to
the Equal Employment Opportunity Commission. Such
functions include, but shall not be limited to, the functions relating to equal pay administration and enforcement now vested in the Secretary of Labor, the Administrator of the Wage and Hour Division of the Department of Labor, and the Civil Service Commission pursuant to Sections 4(d)(1); 4(f); 9; 11(a), (b), and (c); 16(b)
and (c) and 17 of the Fair Labor Standards Act, as
amended, (29 U.S.C. 204(d)(1); 204(f); 209; 211(a), (b), and
(c); 216(b) and (c) and 217) and Section 10(b)(1) of the
Portal-to-Portal Act of 1947, as amended, (29 U.S.C.
259).
SEC. 2. TRANSFER OF AGE DISCRIMINATION
ENFORCEMENT FUNCTIONS
All functions vested in the Secretary of Labor or in
the Civil Service Commission pursuant to Sections 2, 4,
7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Age Discrimination
in Employment Act of 1967, as amended, (29 U.S.C. 621,
623, 626, 627, 628, 629, 630, 631, 632, 633, and 633a) are hereby transferred to the Equal Employment Opportunity
Commission. All functions related to age discrimination administration and enforcement pursuant to Sections 6 and 16 of the Age Discrimination in Employ-

§ 2000e–4

ment Act of 1967, as amended, (29 U.S.C. 625 and 634) are
hereby transferred to the Equal Employment Opportunity Commission.
SEC. 3. TRANSFER OF EQUAL OPPORTUNITY IN FEDERAL
EMPLOYMENT ENFORCEMENT FUNCTIONS
(a) All equal opportunity in Federal employment enforcement and related functions vested in the Civil
Service Commission pursuant to Section 717(b) and (c)
of the Civil Rights Act of 1964, as amended, (42 U.S.C.
2000e–16(b) and (c)), are hereby transferred to the Equal
Employment Opportunity Commission.
(b) The Equal Employment Opportunity Commission
may delegate to the Civil Service Commission or its
successor the function of making a preliminary determination on the issue of discrimination whenever, as a
part of a complaint or appeal before the Civil Service
Commission on other grounds, a Federal employee alleges a violation of Section 717 of the Civil Rights Act
of 1964, as amended, (42 U.S.C. 2000e–16) provided that
the Equal Employment Opportunity Commission retains the function of making the final determination
concerning such issue of discrimination.
SEC. 4. TRANSFER OF FEDERAL EMPLOYMENT OF
HANDICAPPED INDIVIDUALS ENFORCEMENT FUNCTIONS
All Federal employment of handicapped individuals
enforcement functions and related functions vested in
the Civil Service Commission pursuant to Section 501
of the Rehabilitation Act of 1973 (29 U.S.C. 791) are
hereby transferred to the Equal Employment Opportunity Commission. The function of being co-chairman
of the Interagency Committee on Handicapped Employees now vested in the Chairman of the Civil Service
Commission pursuant to Section 501 is hereby transferred to the Chairman of the Equal Employment Opportunity Commission.
SEC. 5. TRANSFER OF PUBLIC SECTOR 707 FUNCTIONS
Any function of the Equal Employment Opportunity
Commission concerning initiation of litigation with respect to State or local government, or political subdivisions under Section 707 of Title VII of the Civil Rights
Act of 1964, as amended, (42 U.S.C. 2000e–6) and all necessary functions related thereto, including investigation, findings, notice and an opportunity to resolve the
matter without contested litigation, are hereby transferred to the Attorney General, to be exercised by him
in accordance with procedures consistent with said
Title VII. The Attorney General is authorized to delegate any function under Section 707 of said Title VII to
any officer or employee of the Department of Justice.
SEC. 6. TRANSFER OF FUNCTIONS AND ABOLITION OF
THE EQUAL EMPLOYMENT OPPORTUNITY COORDINATING
COUNCIL
All functions of the Equal Employment Opportunity
Coordinating Council, which was established pursuant
to Section 715 of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000e–14), are hereby transferred to the
Equal Employment Opportunity Commission. The
Equal Employment Opportunity Coordinating Council
is hereby abolished.
SEC. 7. SAVINGS PROVISION
Administrative proceedings including administrative
appeals from the acts of an executive agency (as defined by Section 105 of Title 5 of the United States
Code) commenced or being conducted by or against
such executive agency will not abate by reason of the
taking effect of this Plan. Consistent with the provisions of this Plan, all such proceedings shall continue
before the Equal Employment Opportunity Commission
otherwise unaffected by the transfers provided by this
Plan. Consistent with the provisions of this Plan, the
Equal Employment Opportunity Commission shall accept appeals from those executive agency actions which
occurred prior to the effective date of this Plan in accordance with law and regulations in effect on such ef-

§ 2000e–4

TITLE 42—THE PUBLIC HEALTH AND WELFARE

fective date. Nothing herein shall affect any right of
any person to judicial review under applicable law.
SEC. 8. INCIDENTAL TRANSFERS
So much of the personnel, property, records and unexpended balances of appropriations, allocations and
other funds employed, used, held, available, or to be
made available in connection with the functions transferred under this Plan, as the Director of the Office of
Management and Budget shall determine, shall be
transferred to the appropriate department, agency, or
component at such time or times as the Director of the
Office of Management and Budget shall provide, except
that no such unexpended balances transferred shall be
used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of the Council abolished herein and
for such further measures and dispositions as such Director deems necessary to effectuate the purposes of
this Reorganization Plan.
SEC. 9. EFFECTIVE DATE
This Reorganization Plan shall become effective at
such time or times, on or before October 1, 1979, as the
President shall specify, but not sooner than the earliest
time allowable under Section 906 of Title 5 of the
United States Code.
[Pursuant to Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R.
1053, the transfer to the Equal Employment Opportunity Commission of certain functions of the Civil
Service Commission relating to enforcement of equal
employment opportunity programs as provided by sections 1 to 4 of this Reorg. Plan is effective Jan. 1, 1979.]
[Pursuant to Ex. Ord. No. 12144, June 22, 1979, 44 F.R.
37193, sections 1 and 2 of this Reorg. Plan are effective
July 1, 1979, except for transfer of functions already effective Jan. 1, 1979, under Ex. Ord. No. 12106 above.]
[Pursuant to Ex. Ord. No. 12068, June 30, 1978, 43 F.R.
28971, section 5 of this Reorg. Plan is effective July 1,
1978.]
[Pursuant to Ex. Ord. No. 12067, June 30, 1978, 43 F.R.
28967, section 6 of this Reorg. Plan is effective July 1,
1978.]
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I am submitting to you today Reorganization Plan
No. 1 of 1978. This Plan makes the Equal Employment
Opportunity Commission the principal Federal agency
in fair employment enforcement. Together with actions
I shall take by Executive Order, it consolidates Federal
equal employment opportunity activities and lays, for
the first time, the foundation of a unified, coherent
Federal structure to combat job discrimination in all
its forms.
In 1940 President Roosevelt issued the first Executive
Order forbidding discrimination in employment by the
Federal government. Since that time the Congress, the
courts and the Executive Branch—spurred by the courage and sacrifice of many people and organizations—
have taken historic steps to extend equal employment
opportunity protection throughout the private as well
as public sector. But each new prohibition against discrimination unfortunately has brought with it a further dispersal of Federal equal employment opportunity responsibility. This fragmentation of authority
among a number of Federal agencies has meant confusion and ineffective enforcement for employees, regulatory duplication and needless expense for employers.
Fair employment is too vital for haphazard enforcement. My Administration will aggressively enforce our
civil rights laws. Although discrimination in any area
has severe consequences, limiting economic opportunity affects access to education, housing and health
care. I, therefore, ask you to join with me to reorganize
administration of the civil rights laws and to begin
that effort by reorganizing the enforcement of those
laws which ensure an equal opportunity to a job.

Page 4962

Eighteen government units now exercise important
responsibilities under statutes, Executive Orders and
regulations relating to equal employment opportunity:
The Equal Employment Opportunity Commission (EEOC)
enforces Title VII of the Civil Rights Act of 1964, [section 2000e et seq. of this title] which bans employment
discrimination based on race, national origin, sex or religion. The EEOC acts on individual complaints and
also initiates private sector cases involving a ‘‘pattern
or practice’’ of discrimination.
The Department of Labor and 11 other agencies enforce
Executive Order 11246 [set out as a note under section
2000e of this title]. This prohibits discrimination in employment on the basis of race, national origin, sex, or
religion and requires affirmative action by government
contractors. While the Department now coordinates enforcement of this ‘‘contract compliance’’ program, it is
actually administered by eleven other departments and
agencies. The Department also administers those statutes requiring contractors to take affirmative action to
employ handicapped people, disabled veterans and Vietnam veterans.
In addition, the Labor Department enforces the Equal
Pay Act of 1963 [section 206(d) of Title 29, Labor], which
prohibits employers from paying unequal wages based
on sex, and the Age Discrimination in Employment Act
of 1967 [section 621 et seq. of Title 29], which forbids age
discrimination against persons between the ages of 40
and 65.
The Department of Justice litigates Title VII cases involving public sector employers—State and local governments. The Department also represents the Federal
government in lawsuits against Federal contractors
and grant recipients who are in violation of Federal
nondiscrimination prohibitions.
The Civil Service Commission (CSC) enforces Title VII
and all other nondiscrimination and affirmative action
requirements for Federal employment. The CSC rules
on complaints filed by individuals and monitors affirmative action plans submitted annually by other Federal
agencies.
The Equal Employment Opportunity Coordinating Council includes representatives from EEOC, Labor, Justice,
CSC and the Civil Rights Commission. It is charged
with coordinating the Federal equal employment opportunity enforcement effort and with eliminating
overlap and inconsistent standards.
In addition to these major government units, other
agencies enforce various equal employment opportunity requirements which apply to specific grant programs. The Department of the Treasury, for example,
administers the anti-discrimination prohibitions applicable to recipients of revenue sharing funds.
These programs have had only limited success. Some
of the past deficiencies include:
—inconsistent standards of compliance;
—duplicative, inconsistent paperwork requirements
and investigative efforts;
—conflicts within agencies between their program responsibilities and their responsibility to enforce
the civil rights laws;
—confusion on the part of workers about how and
where to seek redress;
—lack of accountability.
I am proposing today a series of steps to bring coherence to the equal employment enforcement effort.
These steps, to be accomplished by the Reorganization
Plan and Executive Orders, constitute an important
step toward consolidation of equal employment opportunity enforcement. They will be implemented over the
next two years, so that the agencies involved may continue their internal reform.
Its experience and broad scope make the EEOC suitable for the role of principal Federal agency in fair employment enforcement. Located in the Executive
Branch and responsible to the President, the EEOC has
developed considerable expertise in the field of employment discrimination since Congress created it by the
Civil Rights Act of 1964 [section 2000e–4 of this title].
The Commission has played a pioneer role in defining

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

both employment discrimination and its appropriate
remedies.
While it has had management problems in past administrations, the EEOC’s new leadership is making
substantial progress in correcting them. In the last
seven months the Commission has redesigned its internal structures and adopted proven management techniques. Early experience with these procedures indicates a high degree of success in reducing and expediting new cases. At my direction, the Office of Management and Budget is actively assisting the EEOC to
ensure that these reforms continue.
The Reorganization Plan I am submitting will accomplish the following:
On July 1, 1978, abolish the Equal Employment Opportunity Coordinating Council (42 U.S.C. 2000e–14) and
transfer its duties to the EEOC (no positions or funds
shifted).
On October 1, 1978, shift enforcement of equal employment opportunity for Federal employees from the CSC
to the EEOC (100 positions and $6.5 million shifted).
On July 1, 1979, shift responsibility for enforcing both
the Equal Pay Act and the Age Discrimination in Employment Act from the Labor Department to the EEOC
(198 positions and $5.3 million shifted for Equal Pay; 119
positions and $3.5 million for Age Discrimination).
Clarify the Attorney General’s authority to initiate
‘‘pattern or practice’’ suits under Title VII in the public sector.
In addition, I will issue an Executive Order on October 1, 1978, to consolidate the contract compliance program—now the responsibility of Labor and eleven
‘‘compliance agencies’’—into the Labor Department
(1,517 positions and $33.1 million shifted).
These proposed transfers and consolidations reduce
from fifteen to three the number of Federal agencies
having important equal employment opportunity responsibilities under Title VII of the Civil Rights Act of
1964 and Federal contract compliance provisions.
Each element of my Plan is important to the success
of the entire proposal.
By abolishing the Equal Employment Opportunity
Coordinating Council and transferring its responsibilities to the EEOC, this plan places the Commission at
the center of equal employment opportunity enforcement. With these new responsibilities, the EEOC can
give coherence and direction to the government’s efforts by developing strong uniform enforcement standards to apply throughout the government: standardized
data collection procedures, joint training programs,
programs to ensure the sharing of enforcement related
data among agencies, and methods and priorities for
complaint and compliance reviews. Such direction has
been absent in the Equal Employment Opportunity Coordinating Council.
It should be stressed, however, that affected agencies
will be consulted before EEOC takes any action. When
the Plan has been approved, I intend to issue an Executive Order which will provide for consultation, as well
as a procedure for reviewing major disputed issues
within the Executive Office of the President. The Attorney General’s responsibility to advise the Executive
Branch on legal issues will also be preserved.
Transfer of the Civil Service Commission’s equal employment opportunity responsibilities to EEOC is needed to ensure that: (1) Federal employees have the same
rights and remedies as those in the private sector and
in State and local government; (2) Federal agencies
meet the same standards as are required of other employers; and (3) potential conflicts between an agency’s
equal employment opportunity and personnel management functions are minimized. The Federal government must not fall below the standard of performance
it expects of private employers.
The Civil Service Commission has in the past been lethargic in enforcing fair employment requirements
within the Federal government. While the Chairman
and other Commissioners I have appointed have already
demonstrated their personal commitment to expanding
equal employment opportunity, responsibility for en-

§ 2000e–4

suring fair employment for Federal employees should
rest ultimately with the EEOC.
We must ensure that the transfer in no way undermines the important objectives of the comprehensive
civil service reorganization which will be submitted to
Congress in the near future. When the two plans take
effect; I will direct the EEOC and the CSC to coordinate
their procedures to prevent any duplication and overlap.
The Equal Pay Act now administered by the Labor
Department, prohibits employers from paying unequal
wages based on sex. Title VII of the Civil Rights Act,
which is enforced by EEOC, contains a broader ban on
sex discrimination. The transfer of Equal Pay responsibility from the Labor Department to the EEOC will
minimize overlap and centralize enforcement of statutory prohibitions against sex discrimination in employment.
The transfer will strengthen efforts to combat sex
discrimination. Such efforts would be enhanced still
further by passage of the legislation pending before
you, which I support, that would prohibit employers
from excluding women disabled by pregnancy from participating in disability programs.
There is now virtually complete overlap in the employers, labor organizations, and employment agencies
covered by Title VII and by the Age Discrimination in
Employment Act. This overlap is burdensome to employers and confusing to victims of discrimination. The
proposed transfer of the age discrimination program
from the Labor Department to the EEOC will eliminate
the duplication.
The Plan I am proposing will not affect the Attorney
General’s responsibility to enforce Title VII against
State or local governments or to represent the Federal
government in suits against Federal contractors and
grant recipients. In 1972, the Congress determined that
the Attorney General should be involved in suits
against State and local governments. This proposal reinforces that judgment and clarifies the Attorney General’s authority to initiate litigation against State or
local governments engaged in a ‘‘pattern or practice’’
of discrimination. This in no way diminishes the
EEOC’s existing authority to investigate complaints
filed against State or local governments and, where appropriate, to refer them to the Attorney General. The
Justice Department and the EEOC will cooperate so
that the Department sues on valid referrals, as well as
on its own ‘‘pattern or practice’’ cases.
A critical element of my proposals will be accomplished by Executive Order rather than by the Reorganization Plan. This involves consolidation in the Labor
Department of the responsibility to ensure that Federal contractors comply with Executive Order 11246.
Consolidation will achieve the following: promote consistent standards, procedures, and reporting requirements; remove contractors from the jurisdiction of
multiple agencies; prevent an agency’s equal employment objectives from being outweighed by its procurement and construction objectives; and produce more effective law enforcement through unification of planning, training and sanctions. By 1981, after I have had
an opportunity to review the manner in which both the
EEOC and the Labor Department are exercising their
new responsibilities, I will determine whether further
action is appropriate.
Finally, the responsibility for enforcing grant-related
equal employment provisions will remain with the
agencies administering the grant programs. With the
EEOC acting as coordinator of Federal equal employment programs, we will be able to bring overlap and duplication to a minimum. We will be able, for example,
to see that a university’s employment practices are not
subject to duplicative investigations under both Title
IX of the Education Amendments of 1972 [section 1681
et seq. of Title 20, Education] and the contract compliance program. Because of the similarities between the
Executive Order program and those statutes requiring
Federal contractors to take affirmative action to employ handicapped individuals and disabled and Vietnam

§ 2000e–4

TITLE 42—THE PUBLIC HEALTH AND WELFARE

veterans, I have determined that enforcement of these
statues should remain in the Labor Department.
Each of the changes set forth in the Reorganization
Plan accompanying this message is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. I have
taken care to determine that all functions abolished by
the Plan are done only under the statutory authority
provided by Section 903(b) of Title 5 of the United
States Code.
I do not anticipate that the reorganizations contained in this Plan will result in any significant change
in expenditures. They will result in a more efficient
and manageable enforcement program.
The Plan I am submitting is moderate and measured.
It gives the Equal Employment Opportunity Commission—an agency dedicated solely to this purpose—the
primary Federal responsibility in the area of job discrimination, but it is designed to give this agency sufficient time to absorb its new responsibilities. This reorganization will produce consistent agency standards, as
well as increased accountability. Combined with the intense commitment of those charged with these responsibilities, it will become possible for us to accelerate
this nation’s progress in ensuring equal job opportunities for all our people.
JIMMY CARTER.
THE WHITE HOUSE, February 23, 1978.
EX. ORD. NO. 12106. TRANSFER OF CERTAIN EQUAL
EMPLOYMENT ENFORCEMENT FUNCTIONS
Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053, provided:
By the authority vested in me as President of the
United States of America by Section 9 of Reorganization Plan No. 1 of 1978 (43 FR 19807) [set out above], in
order to effectuate the transfer of certain functions relating to the enforcement of equal employment programs, and in order to make certain technical amendments in other Orders to reflect this transfer of functions, it is hereby ordered as follows:
1–101. The transfer to the Equal Employment Opportunity Commission of certain functions of the Civil
Service Commission, relating to enforcement of equal
employment opportunity programs as provided by Sections 1, 2, 3 and 4 of Reorganization Plan No. 1 of 1978
(43 FR 19807) shall be effective on January 1, 1979.
1–102. Executive Order No. 11478, as amended [set out
as a note under section 2000e of this title], is further
amended by deleting the preamble, by substituting
‘‘national origin, handicap, or age’’ for ‘‘or national origin’’ in the first sentence of Section 1, and revising
Sections 3, 4, and 5 to read as follows:
‘‘SEC. 3. The Equal Employment Opportunity Commission shall be responsible for directing and furthering the implementation of the policy of the Government of the United States to provide equal opportunity in Federal employment for all employees or applicants for employment (except with regard to aliens
employed outside the limits of the United States) and
to prohibit discrimination in employment because of
race, color, religion, sex, national origin, handicap, or
age.
‘‘SEC. 4. The Equal Employment Opportunity Commission, after consultation with all affected departments and agencies, shall issue such rules, regulations,
orders, and instructions and request such information
from the affected departments and agencies as it deems
necessary and appropriate to carry out this Order.
‘‘SEC. 5. All departments and agencies shall cooperate
with and assist the Equal Employment Opportunity
Commission in the performance of its functions under
this Order and shall furnish the Commission such reports and information as it may request. The head of
each department or agency shall comply with rules,
regulations, orders and instructions issued by the
Equal Employment Opportunity Commission pursuant
to Section 4 of this Order.’’
1–103. Executive Order No. 11022, as amended [set out
as a note under section 3001 of this title], is further
amended by revising Section 1(b) to read as follows:

Page 4964

‘‘(b) The Council shall be composed of the Secretary
of Health, Education, and Welfare [now Health and
Human Services], who shall be Chairman, the Secretary
of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of Veterans Affairs, the Director of the Office of Personnel
Management, the Director of the Community Services
Administration, and the Chairman of the Equal Employment Opportunity Commission.’’
1–104. Executive Order No. 11480 of September 9, 1969
[set out as a note under section 791 of Title 29, Labor],
is amended by deleting ‘‘and the Chairman of the
United States Civil Service Commission’’ in Section 4
and substituting therefor ‘‘Director of the Office of Personnel Management, and the Chairman of the Equal
Employment Opportunity Commission’’.
1–105. Executive Order No. 11830 of January 9, 1975 [set
out as a note under section 791 of Title 29, Labor], is
amended by deleting Section 2 and revising Section 1 to
read as follows:
‘‘In accord with Section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791) and Section 4 of Reorganization
Plan No. 1 of 1978 (43 FR 19808) the Interagency Committee on Handicapped Employees is enlarged and composed of the following, or their designees whose positions are Executive level IV or higher:
‘‘(1) Secretary of Defense.
‘‘(2) Secretary of Labor.
‘‘(3) Secretary of Health, Education, and Welfare [now
Health and Human Services], Co-Chairman.
‘‘(4) Director of the Office of Personnel Management.
‘‘(5) Administrator of Veterans Affairs.
‘‘(6) Administrator of General Services.
‘‘(7) Chairman of the Federal Communications Commission.
‘‘(8) Chairman of the Equal Employment Opportunity
Commission, Co-Chairman.
‘‘(9) Such other members as the President may designate.’’
1–106. This Order shall be effective on January 1, 1979.
JIMMY CARTER.
EX. ORD. NO. 12144. TRANSFER OF CERTAIN EQUAL PAY
AND AGE DISCRIMINATION IN EMPLOYMENT ENFORCEMENT FUNCTIONS
Ex. Ord. No. 12144, June 22, 1979, 44 F.R. 37193, provided:
By the authority vested in me as President of the
United States of America by the Constitution and laws
of the United States, including Section 9 of Reorganization Plan No. 1 of 1978 (43 FR 19807) [set out above], in
order to effectuate the transfer of certain functions relating to the enforcement of equal pay and age discrimination in employment programs from the Department of Labor to the Equal Employment Opportunity
Commission, it is hereby ordered as follows:
1–101. Sections 1 and 2 of Reorganization Plan No. 1 of
1978 (43 FR 19807) [set out as a note above] shall become
effective on July 1, 1979, with the exception of the
transfer of functions from the Civil Service Commission, already effective January 1, 1979 (Executive Order
No. 12106 [set out above]).
1–102. The records, property, personnel and positions,
and unexpended balances of appropriations or funds,
available or to be made available, which relate to the
functions transferred as provided in this Order are
hereby transferred from the Department of Labor to
the Equal Employment Opportunity Commission.
1–103. The Director of the Office of Management and
Budget shall make such determinations, issue such Orders, and take all actions necessary or appropriate to
effectuate the transfers provided in this Order, including the transfer of funds, records, property, and personnel.
1–104. This Order shall be effective July 1, 1979.
JIMMY CARTER.

Page 4965

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 2000e–5. Enforcement provisions
(a) Power of Commission to prevent unlawful
employment practices
The Commission is empowered, as hereinafter
provided, to prevent any person from engaging
in any unlawful employment practice as set
forth in section 2000e–2 or 2000e–3 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 claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization,
or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, has
engaged in an unlawful employment practice,
the Commission shall serve a notice of the
charge (including the date, place and circumstances of the alleged unlawful employment
practice) on such employer, employment agency, labor organization, or joint labor-management committee (hereinafter referred to as the
‘‘respondent’’) 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 requires. Charges shall not be made
public by the Commission. If the Commission
determines after such investigation that there is
not reasonable cause to believe that the charge
is true, it shall dismiss the charge and promptly
notify the person claiming to be aggrieved and
the respondent of its action. In determining
whether reasonable cause exists, the Commission shall accord substantial weight to final
findings and orders made by State or local authorities in proceedings commenced under State
or local law pursuant to the requirements of
subsections (c) and (d). If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true,
the Commission 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, its officers or
employees, or used as evidence in a subsequent
proceeding without the written consent of the
persons concerned. Any person who makes public information in violation of this subsection
shall be fined not more than $1,000 or imprisoned
for not more than one year, or both. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as
practicable, not later than one hundred and

§ 2000e–5

twenty days from the filing of the charge or,
where applicable under subsection (c) or (d),
from the date upon which the Commission 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, or political subdivision of a State, which has a State or local
law prohibiting the unlawful employment practice alleged and establishing or authorizing a
State 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) 1 by the person aggrieved before the
expiration of sixty days after proceedings have
been commenced under the State 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 or local law. If any requirement for
the commencement of such proceedings is imposed by a State 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 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 alleging an unlawful employment practice occurring in a State or political
subdivision of a State which has a State or local
law prohibiting the practice alleged and establishing or authorizing a State 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 shall, before taking any action with respect to such charge, notify the appropriate
State 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 or local law), unless a shorter period
is requested, to act under such State 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
1 So

in original. Probably should be subsection ‘‘(b)’’.

§ 2000e–5

TITLE 42—THE PUBLIC HEALTH AND WELFARE

person 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 aggrieved has initially instituted proceedings with a State 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 aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days
after receiving notice that the State or local
agency has terminated the proceedings under
the State or local law, whichever is earlier, and
a copy of such charge shall be filed by the Commission with the State 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 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
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 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, liability may accrue and
an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of
back pay for up to two years preceding the filing
of the charge, where the unlawful employment
practices that have occurred during the charge
filing period are similar or related to unlawful
employment practices 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 or within thirty days after
expiration of any period of reference under subsection (c) or (d), the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission,
the Commission may bring a civil action against
any respondent not a government, governmental

Page 4966

agency, or political subdivision named in the
charge. In the case of a respondent which is a
government, governmental agency, or political
subdivision, if the Commission has been unable
to secure from the respondent a conciliation
agreement acceptable to the Commission, the
Commission shall take no further action and
shall refer the case to the Attorney General who
may bring a civil action against such respondent
in the appropriate United States district court.
The person or persons aggrieved shall have the
right to intervene in a civil action brought by
the Commission or the Attorney General in a
case involving a government, governmental
agency, or political subdivision. If a charge filed
with the Commission pursuant to subsection (b),
is dismissed by the Commission, 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) or (d), whichever is
later, the Commission has not filed a civil action under this section or the Attorney General
has not filed a civil action in a case involving a
government, governmental agency, or political
subdivision, or the Commission has not entered
into a conciliation agreement to which the person aggrieved is a party, the Commission, or the
Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and
within ninety days after the giving of such notice a civil action may be brought against the
respondent named in the charge (A) by the person claiming to be aggrieved or (B) if such
charge was filed by a member of the Commission, by any person whom the charge alleges was
aggrieved by the alleged unlawful employment
practice. Upon application by the complainant
and in such circumstances as the court may
deem just, the court may appoint an attorney
for such complainant 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, or the Attorney General 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 or local proceedings described in subsection (c) or (d) of this
section or further efforts of the Commission to
obtain voluntary compliance.
(2) Whenever a charge is filed with the Commission and the Commission concludes on the
basis of a preliminary investigation that prompt
judicial action is necessary to carry out the purposes of this Act, the Commission, or the Attorney General 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
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

Page 4967

TITLE 42—THE PUBLIC HEALTH AND WELFARE

to cause such cases to be in every way expedited.
(3) Each United States district court and each
United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any
judicial district in the State 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 would
have worked but for the alleged unlawful employment practice, but if the respondent is not
found within any such district, such an action
may be brought within the judicial district in
which the respondent has his principal office.
For purposes of sections 1404 and 1406 of title 28,
the judicial district in which the respondent has
his principal office 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 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 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 has
intentionally engaged in or is intentionally engaging in an unlawful employment practice
charged in the complaint, the court may enjoin
the respondent 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, with or without back pay
(payable by the employer, employment agency,
or labor organization, 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. Interim earnings or amounts earnable with reasonable diligence by the person or persons 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

§ 2000e–5

member of a union, or the hiring, reinstatement,
or promotion of an individual as an employee, 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, sex, or national origin or in
violation of section 2000e–3(a) of this title.
(B) On a claim in which an individual proves a
violation under section 2000e–2(m) of this title
and a respondent demonstrates that the respondent 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)), and
attorney’s fees and costs demonstrated to be
directly attributable only to the pursuit of a
claim under section 2000e–2(m) of this title;
and
(ii) shall not award damages or issue an
order requiring any admission, reinstatement,
hiring, promotion, or payment, described in
subparagraph (A).
(h) Provisions of chapter 6 of title 29 not applicable to civil actions for prevention of unlawful
practices
The provisions of chapter 6 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, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission
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) shall be subject to appeal as provided in sections 1291 and 1292, title 28.
(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
or the United States, a reasonable attorney’s fee
(including expert fees) as part of the costs, and
the Commission and the United States shall be
liable for costs the same as a private person.
(Pub. L. 88–352, title VII, § 706, July 2, 1964, 78
Stat. 259; Pub. L. 92–261, § 4, Mar. 24, 1972, 86
Stat. 104; Pub. L. 102–166, title I, §§ 107(b), 112,
113(b), Nov. 21, 1991, 105 Stat. 1075, 1078, 1079; Pub.
L. 111–2, § 3, Jan. 29, 2009, 123 Stat. 5.)
REFERENCES IN TEXT
This Act, referred to in subsec. (f)(2), means Pub. L.
88–352, July 2, 1964, 78 Stat. 241, known as the Civil
Rights Act of 1964, which is classified principally to
subchapters II to IX of this chapter (§ 2000a et seq.). For
complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.
Rules 65 and 53 of the Federal Rules of Civil Procedure, referred to in subsec. (f)(2), (5), are set out in the
Appendix to Title 28, Judiciary and Judicial Procedure.

§ 2000e–5

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Chapter 6 (§ 101 et seq.) of title 29, referred to in subsec. (h), is a reference to act Mar. 23, 1932, ch. 90, 47
Stat. 70, popularly known as the Norris-LaGuardia Act.
For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
2009—Subsec. (e)(3). Pub. L. 111–2 added par. (3).
1991—Subsec. (e). Pub. L. 102–166, § 112, designated existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 102–166, § 107(b), designated existing provisions as pars. (1) and (2)(A) and added par.
(2)(B).
Subsec. (k). Pub. L. 102–166, § 113(b), inserted ‘‘(including expert fees)’’ after ‘‘attorney’s fee’’.
1972—Subsec. (a). Pub. L. 92–261, § 4(a), added subsec.
(a). Former subsec. (a) redesignated (b) and amended
generally.
Subsec. (b). Pub. L. 92–261, § 4(a), redesignated former
subsec. (a) as (b), modified the procedure for the filing
and consideration of charges by the Commission, subjected to coverage unlawful employment practices of
joint labor-management committees controlling apprenticeship or other training or retraining, including
on-the-job training programs, required the Commission
to accord substantial weight to final findings and orders made by State or local authorities in proceedings
commenced under State or local law in its determination of reasonable cause, and inserted provision setting
forth the time period, after charges have been filed, allowed to the Commission to determine reasonable
cause. Former subsec. (b) redesignated (c).
Subsecs. (c), (d). Pub. L. 92–261, § 4(a), redesignated
former subsecs. (b) and (c) as (c) and (d), respectively.
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 92–261, § 4(a), redesignated former
subsec. (d) as (e), extended from ninety to one hundred
and eighty days after the occurrence of the alleged unlawful employment practice the time for filing charges
under this section and from two hundred and ten to
three hundred days the time for filing such charges
where the person aggrieved initially instituted proceedings with a State or local agency, and inserted requirement that notice of the charge be served on the
respondent within ten days after filing. Former subsec.
(e) redesignated (f)(1).
Subsec. (f). Pub. L. 92–261, § 4(a), redesignated former
subsec. (e) as par. (1), substituted provisions setting
forth the procedure for civil actions where the Commission was unable to secure from the respondents a conciliation agreement to prevent further unlawful employment practices for provisions setting forth the procedure for civil actions where the Commission was unable to obtain voluntary compliance with this subchapter and inserted provisions setting forth the procedure for civil action where the respondent is a government, governmental agency, or political subdivision
and the Commission could not secure a conciliation
agreement, added par. (2), redesignated former subsec.
(f) as par. (3), substituted ‘‘aggrieved person’’ for
‘‘plaintiff’’, and added pars. (4) and (5).
Subsec. (g). Pub. L. 92–261, § 4(a), inserted provisions
which authorized the court to order affirmative action
not limited solely to the enumerated affirmative acts
and such other equitable relief as deemed appropriate,
and provisions which set forth the accrual date for
back pay.
Subsecs. (i), (j). Pub. L. 92–261, § 4(b)(1), (2), substituted ‘‘this section’’ for ‘‘subsection (e) of this section’’.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–2, § 6, Jan. 29, 2009, 123 Stat. 7, provided
that: ‘‘This Act [amending this section and section
2000e–16 of this title and sections 626, 633a, and 794a of
Title 29, Labor, and enacting provisions set out as
notes under this section and section 2000a of this title],
and the amendments made by this Act, take effect as
if enacted on May 28, 2007 and apply to all claims of dis-

Page 4968

crimination in compensation under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.), title I and section 503 of the Americans
with Disabilities Act of 1990 [42 U.S.C. 12111 et seq.,
12203], and sections 501 and 504 of the Rehabilitation
Act of 1973 [29 U.S.C. 791, 794], that are pending on or
after that date.’’
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–166 effective Nov. 21, 1991,
except as otherwise provided, see section 402 of Pub. L.
102–166, set out as a note under section 1981 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–261, § 14, Mar. 24, 1972, 86 Stat. 113, provided
that: ‘‘The amendments made by this Act to section 706
of the Civil Rights Act of 1964 [this section] shall be applicable with respect to charges pending with the Commission on the date of enactment of this Act [Mar. 24,
1972] and all charges filed thereafter.’’
FINDINGS
Pub. L. 111–2, § 2, Jan. 29, 2009, 123 Stat. 5, provided
that: ‘‘Congress finds the following:
‘‘(1) The Supreme Court in Ledbetter v. Goodyear
Tire & Rubber Co., 550 U.S. 618 (2007), significantly
impairs statutory protections against discrimination
in compensation that Congress established and that
have been bedrock principles of American law for decades. The Ledbetter decision undermines those statutory protections by unduly restricting the time period in which victims of discrimination can challenge
and recover for discriminatory compensation decisions or other practices, contrary to the intent of
Congress.
‘‘(2) The limitation imposed by the Court on the filing of discriminatory compensation claims ignores
the reality of wage discrimination and is at odds with
the robust application of the civil rights laws that
Congress intended.
‘‘(3) With regard to any charge of discrimination
under any law, nothing in this Act [amending this
section and section 2000e–16 of this title and sections
626, 633a, and 794a of Title 29, Labor, and enacting
provisions set out as notes under this section and section 2000a of this title] is intended to preclude or
limit an aggrieved person’s right to introduce evidence of an unlawful employment practice that has
occurred outside the time for filing a charge of discrimination.
‘‘(4) Nothing in this Act is intended to change current law treatment of when pension distributions are
considered paid.’’
APPLICATION TO OTHER LAWS
Pub. L. 111–2, § 5(a), (b), Jan. 29, 2009, 123 Stat. 6, provided that:
‘‘(a) AMERICANS WITH DISABILITIES ACT OF 1990.—The
amendments made by section 3 [amending this section]
shall apply to claims of discrimination in compensation brought under title I and section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et
seq., 12203), pursuant to section 107(a) of such Act (42
U.S.C. 12117(a)), which adopts the powers, remedies, and
procedures set forth in section 706 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e–5).
‘‘(b) REHABILITATION ACT OF 1973.—The amendments
made by section 3 shall apply to claims of discrimination in compensation brought under sections 501 and
504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794),
pursuant to—
‘‘(1) sections 501(g) and 504(d) of such Act (29 U.S.C.
791(g) [now 29 U.S.C. 791(f)], 794(d)), respectively,
which adopt the standards applied under title I of the
Americans with Disabilities Act of 1990 [42 U.S.C.
12111 et seq.] for determining whether a violation has
occurred in a complaint alleging employment discrimination; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(2) paragraphs (1) and (2) of section 505(a) of such
Act (29 U.S.C. 794a(a)) (as amended by subsection
(c)).’’

§ 2000e–6. Civil actions by the Attorney General
(a) Complaint
Whenever the Attorney General has reasonable cause to believe that any person or group of
persons 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 may
bring a civil action in the appropriate district
court of the United States by filing with it a
complaint (1) signed by him (or in his absence
the Acting Attorney General), (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 or persons 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 shall
have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and
in any such proceeding the Attorney General
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 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 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 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

§ 2000e–6

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 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 under this
section shall be transferred to the Commission,
together with such personnel, property, records,
and unexpended balances of appropriations, allocations, and other funds 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 of title
5, inconsistent with the provisions of this subsection. The Commission shall carry out such
functions in accordance with subsections (d) and
(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) 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 shall
be substituted as a party for the United States
of America, the Attorney General, or the Acting
Attorney General, as appropriate.
(e) Investigation and action by Commission pursuant to filing of charge of discrimination;
procedure
Subsequent to March 24, 1972, the Commission
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
claiming to be aggrieved or by a member of the
Commission. All such actions shall be conducted
in accordance with the procedures set forth in
section 2000e–5 of this title.
(Pub. L. 88–352, title VII, § 707, July 2, 1964, 78
Stat. 261; Pub. L. 92–261, § 5, Mar. 24, 1972, 86
Stat. 107.)
AMENDMENTS
1972—Subsecs. (c) to (e). Pub. L. 92–261 added subsecs.
(c) to (e).
TRANSFER OF FUNCTIONS
Any function of the Equal Employment Opportunity
Commission concerning initiation of litigation with respect to State or local government, or political subdivisions under this section, and all necessary functions related thereto, including investigation, findings, notice
and an opportunity to resolve the matter without contested litigation, were transferred to the Attorney General, to be exercised by him in accordance with procedures consistent with this subchapter, and with the Attorney General authorized to delegate any function
under this section to any officer or employee of the Department of Justice, by Reorg. Plan No. 1 of 1978, § 5, 43
F.R. 19807, 92 Stat. 3781, set out as a note under section
2000e–4 of this title.

§ 2000e–7

TITLE 42—THE PUBLIC HEALTH AND WELFARE

EX. ORD. NO. 12068. TRANSFER OF CERTAIN FUNCTIONS TO
ATTORNEY GENERAL
Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, provided:
By virtue of the authority vested in me as President
of the United States by the Constitution and laws of
the United States, including Section 9 of Reorganization Plan Number 1 of 1978 (43 FR 19807) [set out as a
note under section 2000e–4 of this title], in order to
clarify the Attorney General’s authority to initiate
public sector litigation under Section 707 of Title VII of
the Civil Rights Act of 1964, as amended (42 U.S.C.
2000e–6), it is ordered as follows:
1–1. SECTION 707 FUNCTIONS OF THE ATTORNEY
GENERAL
1–101. Section 5 of Reorganization Plan Number 1 of
1978 (43 FR 19807) [set out as a note under section
2000e–4 of this title] shall become effective on July 1,
1978.
1–102. The functions transferred to the Attorney General by Section 5 of Reorganization Plan Number 1 of
1978 [set out as a note under section 2000e–4 of this
title] shall, consistent with Section 707 of Title VII of
the Civil Rights Act of 1964, as amended [this section],
be performed in accordance with Department of Justice
procedures heretofore followed under Section 707.
JIMMY CARTER.

§ 2000e–7. Effect on State laws
Nothing in this subchapter shall be deemed to
exempt or relieve any person from any liability,
duty, penalty, or punishment provided by any
present or future law of any State or political
subdivision of a State, other than any such law
which purports to require or permit the doing of
any act which would be an unlawful employment practice under this subchapter.
(Pub. L. 88–352, title VII, § 708, July 2, 1964, 78
Stat. 262.)
§ 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,
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) 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
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,

Page 4970

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) 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, 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 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 are selected to participate in the
apprenticeship or other training program. Any
employer, employment agency, labor organization, 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, 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

§ 2000e–12

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.

§ 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 or its duly
authorized agents or agencies, section 161 of
title 29 shall apply.
(Pub. L. 88–352, title VII, § 710, July 2, 1964, 78
Stat. 264; Pub. L. 92–261, § 7, Mar. 24, 1972, 86
Stat. 109.)
AMENDMENTS
1972—Pub. L. 92–261 substituted provisions making applicable section 161 of title 29 to all hearings and investigations conducted by the Commission or its authorized agents or agencies, for provisions enumerating the
investigatory powers of the Commission and the procedure for their enforcement.

§ 2000e–10. Posting of notices; penalties
(a) Every employer, employment agency, and
labor organization, as the case may be, shall
post and keep posted in conspicuous places upon
its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved
by the Commission 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 of this section shall be
punishable by a fine of not more than $100 for
each separate offense.
(Pub. L. 88–352, title VII, § 711, July 2, 1964, 78
Stat. 265.)
§ 2000e–11. Veterans’ special rights or preference
Nothing contained in this subchapter shall be
construed to repeal or modify any Federal,
State, territorial, or local law creating special
rights or preference for veterans.
(Pub. L. 88–352, title VII, § 712, July 2, 1964, 78
Stat. 265.)
§ 2000e–12. Regulations; conformity of regulations with administrative procedure provisions; reliance on interpretations and instructions of Commission
(a) The Commission shall have authority from
time to time to issue, amend, or rescind suitable
procedural regulations to carry out the provi-

§ 2000e–13

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sions of this subchapter. Regulations issued
under this section shall be in conformity with
the standards and limitations of subchapter II of
chapter 5 of title 5.
(b) In any action or proceeding based on any
alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by
such person of an unlawful employment practice
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 interpretation or opinion of the Commission, or (2) the
failure of such person to publish and file any information required by any provision of this subchapter if he pleads and proves that he failed to
publish and file such information in good faith,
in conformity with the instructions of the Commission issued under this subchapter regarding
the filing of such information. Such a defense, if
established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act
or omission, such interpretation or opinion is
modified or rescinded or is determined by judicial authority to be invalid or of no legal effect,
or (B) after publishing or filing the description
and annual reports, such publication or filing is
determined by judicial authority not to be in
conformity with the requirements of this subchapter.
(Pub. L. 88–352, title VII, § 713, July 2, 1964, 78
Stat. 265.)
CODIFICATION
In subsec. (a), ‘‘subchapter II of chapter 5 of title 5’’
substituted for ‘‘the Administrative Procedure Act’’ on
authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat.
631, the first section of which enacted Title 5, Government Organization and Employees.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
GUIDELINES ON RELIGIOUS HARASSMENT
Pub. L. 112–55, div. B, title V, § 506, Nov. 18, 2011, 125
Stat. 631, provided that: ‘‘During the current fiscal year
and in each fiscal year thereafter, none of the funds
made available in this or any other Act may be used to
implement, administer, or enforce any guidelines of the
Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known
to the Federal entity or official to which such funds are
made available that such guidelines do not differ in any
respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 111–117, div. B, title V, § 506, Dec. 16, 2009, 123
Stat. 3150.
Pub. L. 111–8, div. B, title V, § 506, Mar. 11, 2009, 123
Stat. 595.
Pub. L. 103–317, title VI, § 610, Aug. 26, 1994, 108 Stat.
1774, provided that:
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the liberties protected by our Constitution include religious liberty protected by the first amendment;
‘‘(2) citizens of the United States profess the beliefs
of almost every conceivable religion;
‘‘(3) Congress has historically protected religious
expression even from governmental action not intended to be hostile to religion;
‘‘(4) the Supreme Court has written that ‘the free
exercise of religion means, first and foremost, the
right to believe and profess whatever religious doctrine one desires’;
‘‘(5) the Supreme Court has firmly settled that
under our Constitution the public expression of ideas

Page 4972

may not be prohibited merely because the content of
the ideas is offensive to some;
‘‘(6) Congress enacted the Religious Freedom Restoration Act of 1993 [42 U.S.C. 2000bb et seq.] to restate and make clear again our intent and position
that religious liberty is and should forever be granted
protection from unwarranted and unjustified government intrusions and burdens;
‘‘(7) the Equal Employment Opportunity Commission has written proposed guidelines to title VII of
the Civil Rights Act of 1964 [42 U.S.C. 2000e et seq.],
published in the Federal Register on October 1, 1993,
that expand the definition of religious harassment beyond established legal standards set forth by the Supreme Court, and that may result in the infringement
of religious liberty;
‘‘(8) such guidelines do not appropriately resolve
issues related to religious liberty and religious expression in the workplace;
‘‘(9) properly drawn guidelines for the determination of religious harassment should provide appropriate guidance to employers and employees and assist in the continued preservation of religious liberty
as guaranteed by the first amendment;
‘‘(10) the Commission states in its proposed guidelines that it retains wholly separate guidelines for
the determination of sexual harassment because the
Commission believes that sexual harassment raises
issues about human interaction that are to some extent unique; and
‘‘(11) the subject of religious harassment also raises
issues about human interaction that are to some extent unique in comparison to other harassment.
‘‘(b) CATEGORY OF RELIGIOUS HARASSMENT IN PROPOSED GUIDELINES.—For purposes of issuing final regulations under title VII of the Civil Rights Act of 1964 [42
U.S.C. 2000e et seq.] in connection with the proposed
guidelines published by the Equal Employment Opportunity Commission on October 1, 1993 (58 Fed. Reg.
51266), the Chairperson of the Equal Employment Opportunity Commission shall ensure that—
‘‘(1) the category of religion shall be withdrawn
from the proposed guidelines at this time;
‘‘(2) any new guidelines for the determination of religious harassment shall be drafted so as to make explicitly clear that symbols or expressions of religious
belief consistent with the first amendment and the
Religious Freedom Restoration Act of 1993 [42 U.S.C.
2000bb et seq.] are not to be restricted and do not constitute proof of harassment;
‘‘(3) the Commission shall hold public hearings on
such new proposed guidelines; and
‘‘(4) the Commission shall receive additional public
comment before issuing similar new regulations.’’

§ 2000e–13. Application to personnel of Commission of sections 111 and 1114 of title 18; punishment for violation of section 1114 of title
18
The provisions of sections 111 and 1114, title 18,
shall apply to officers, agents, and employees of
the Commission in the performance of their official duties. Notwithstanding the provisions of
sections 111 and 1114 of title 18, whoever in violation of the provisions of section 1114 of such
title kills a person while engaged in or on account of the performance of his official functions under this Act shall be punished by imprisonment for any term of years or for life.
(Pub. L. 88–352, title VII, § 714, July 2, 1964, 78
Stat. 265; Pub. L. 92–261, § 8(g), Mar. 24, 1972, 86
Stat. 110.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 88–352,
July 2, 1964, 78 Stat. 241, as amended, known as the

Page 4973

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Civil Rights Act of 1964, which is classified principally
to subchapters II to IX of this chapter (§ 2000a et seq.).
For complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.
AMENDMENTS
1972—Pub. L. 92–261 inserted provisions which made
section 1114 of title 18 applicable to officers, etc., of the
Commission and set forth punishment for violation of
such section 1114.

§ 2000e–14. Equal Employment Opportunity Coordinating Council; establishment; composition; duties; report to President and Congress
The Equal Employment Opportunity Commission shall have the responsibility for developing
and implementing agreements, policies and
practices designed to maximize effort, promote
efficiency, and eliminate conflict, competition,
duplication and inconsistency among the operations, functions and jurisdictions of the various
departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies. On or
before October 1 of each year, the Equal Employment Opportunity Commission shall transmit to the President and to the Congress a report of its activities, together with such recommendations for legislative or administrative
changes as it concludes are desirable to further
promote the purposes of this section.
(Pub. L. 88–352, title VII, § 715, July 2, 1964, 78
Stat. 265; Pub. L. 92–261, § 10, Mar. 24, 1972, 86
Stat. 111; Pub. L. 94–273, § 3(24), Apr. 21, 1976, 90
Stat. 377; 1978 Reorg. Plan No. 1, § 6, eff. July 1,
1978, 43 F.R. 19807, 92 Stat. 3781.)
CODIFICATION
The first sentence of this section, which read ‘‘There
shall be established an Equal Employment Opportunity
Coordinating Council (hereinafter referred to in this
section as the Council) composed of the Secretary of
Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission,
and the Chairman of the United States Civil Rights
Commission, or their respective delegates’’ was omitted pursuant to Reorg. Plan No. 1 of 1978, § 6, 43 F.R.
19807, 92 Stat. 3781, set out as a note under section
2000e–4 of this title, which abolished the Equal Employment Opportunity Coordinating Council, effective July
1, 1978, as provided by section 1–101 of Ex. Ord. No.
12067, June 30, 1978, 43 F.R. 28967, set out as a note under
section 2000e of this title. See Transfer of Functions
note below.
AMENDMENTS
1976—Pub. L. 94–273 substituted ‘‘October’’ for ‘‘July’’.
1972—Pub. L. 92–261 substituted provisions which established the Equal Employment Opportunity Coordinating Council and set forth the composition, powers,
and duties of the Council for provisions which directed
the Secretary of Labor to make a report to the Congress not later than June 30, 1965 concerning discrimination in employment because of age.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in this section relating to transmittal of a report and
recommendations to Congress, see section 3003 of Pub.
L. 104–66, as amended, set out as a note under section

§ 2000e–16

1113 of Title 31, Money and Finance, and item 19 on
page 165 of House Document No. 103–7.
TRANSFER OF FUNCTIONS
‘‘Equal Employment Opportunity Commission’’ substituted in text for ‘‘Council’’, meaning Equal Employment Opportunity Coordinating Council, pursuant to
Reorg. Plan. No. 1 of 1978, § 6, 43 F.R. 19807, 92 Stat. 3781,
set out as a note under section 2000e–4 of this title,
which abolished Equal Employment Opportunity Coordinating Council and transferred its functions to
Equal Employment Opportunity Commission, effective
July 1, 1978, as provided by section 1–101 of Ex. Ord. No.
12067, June 30, 1978, 43 F.R. 28967, set out as a note under
section 2000e of this title.
SUBMISSION OF SPECIFIC LEGISLATIVE RECOMMENDATIONS TO CONGRESS BY JANUARY 1, 1967, TO IMPLEMENT REPORT ON AGE DISCRIMINATION
Pub. L. 89–601, title VI, § 606, Sept. 23, 1966, 80 Stat.
845, directed the Secretary of Labor to submit to the
Congress not later than Jan. 1, 1967 his specific legislative recommendations for implementing the conclusions and recommendations contained in his report on
age discrimination in employment made pursuant to
provisions of this section prior to its amendment in
1972.

§ 2000e–15. Presidential conferences; acquaintance of leadership with provisions for employment rights and obligations; plans for
fair administration; membership
The President shall, as soon as feasible after
July 2, 1964, convene one or more conferences for
the purpose of enabling the leaders of groups
whose members will be affected by this subchapter to become familiar with the rights afforded and obligations imposed by its provisions,
and for the purpose of making plans which will
result in the fair and effective administration of
this subchapter when all of its provisions become effective. The President shall invite the
participation in such conference or conferences
of (1) the members of the President’s Committee
on Equal Employment Opportunity, (2) the
members of the Commission on Civil Rights, (3)
representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies
engaged in furthering equal employment opportunity, and (5) representatives of employers,
labor organizations, and employment agencies
who will be subject to this subchapter.
(Pub. L. 88–352, title VII, § 716(c), July 2, 1964, 78
Stat. 266.)
EXECUTIVE ORDER NO. 11197
Ex. Ord. No. 11197, eff. Feb. 5, 1965, 30 F.R. 1721, which
established the President’s Council on Equal Opportunity, was revoked by Ex. Ord. No. 11247, eff. Sept. 24,
1965, 30 F.R. 12327, formerly set out as a note under section 2000d–1 of this title.

§ 2000e–16. Employment by Federal Government
(a) Discriminatory practices prohibited; employees or applicants for employment subject to
coverage
All personnel actions affecting employees or
applicants for employment (except with regard
to aliens employed outside the limits of the
United States) in military departments as defined in section 102 of title 5, in executive agencies as defined in section 105 of title 5 (including

§ 2000e–16

TITLE 42—THE PUBLIC HEALTH AND WELFARE

employees and applicants for employment who
are paid from nonappropriated funds), in the
United States Postal Service and the Postal
Regulatory Commission, in those units of the
Government of the District of Columbia having
positions in the competitive service, and in
those units of the judicial branch of the Federal
Government having positions in the competitive
service, in the Smithsonian Institution, and in
the Government Publishing Office, the Government Accountability Office, and the Library of
Congress shall be made free from any discrimination based on race, color, religion, sex, or national origin.
(b) Equal Employment Opportunity Commission;
enforcement powers; issuance of rules, regulations, etc.; annual review and approval of
national and regional equal employment opportunity plans; review and evaluation of
equal employment opportunity programs and
publication of progress reports; consultations with interested parties; compliance
with rules, regulations, etc.; contents of national and regional equal employment opportunity plans; authority of Librarian of Congress
Except as otherwise provided in this subsection, the Equal Employment Opportunity
Commission shall have authority to enforce the
provisions of subsection (a) through appropriate
remedies, including reinstatement or hiring of
employees with or without back pay, as will effectuate the policies of this section, and shall
issue such rules, regulations, orders and instructions as it deems necessary and appropriate to
carry out its responsibilities under this section.
The Equal Employment Opportunity Commission shall—
(1) be responsible for the annual review and
approval of a national and regional equal employment opportunity plan which each department and agency and each appropriate unit referred to in subsection (a) of this section shall
submit in order to maintain an affirmative
program of equal employment opportunity for
all such employees and applicants for employment;
(2) be responsible for the review and evaluation of the operation of all agency equal employment opportunity programs, periodically
obtaining and publishing (on at least a semiannual basis) progress reports from each such
department, agency, or unit; and
(3) consult with and solicit the recommendations of interested individuals, groups, and organizations relating to equal employment opportunity.
The head of each such department, agency, or
unit shall comply with such rules, regulations,
orders, and instructions which shall include a
provision that an employee or applicant for employment shall be notified of any final action
taken on any complaint of discrimination filed
by him thereunder. The plan submitted by each
department, agency, and unit shall include, but
not be limited to—
(1) provision for the establishment of training and education programs designed to provide a maximum opportunity for employees to
advance so as to perform at their highest potential; and

Page 4974

(2) a description of the qualifications in
terms of training and experience relating to
equal employment opportunity for the principal and operating officials of each such department, agency, or unit responsible for carrying out the equal employment opportunity
program and of the allocation of personnel and
resources proposed by such department, agency, or unit to carry out its equal employment
opportunity program.
With respect to employment in the Library of
Congress, authorities granted in this subsection
to the Equal Employment Opportunity Commission shall be exercised by the Librarian of Congress.
(c) Civil action by employee or applicant for employment for redress of grievances; time for
bringing of action; head of department, agency, or unit as defendant
Within 90 days of receipt of notice of final action taken by a department, agency, or unit referred to in subsection (a), or by the Equal Employment Opportunity Commission upon an appeal from a decision or order of such department, agency, or unit on a complaint of discrimination based on race, color, religion, sex or
national origin, brought pursuant to subsection
(a) of this section, Executive Order 11478 or any
succeeding Executive orders, or after one hundred and eighty days from the filing of the initial charge with the department, agency, or unit
or with the Equal Employment Opportunity
Commission on appeal from a decision or order
of such department, agency, or unit until such
time as final action may be taken by a department, agency, or unit, an employee or applicant
for employment, if aggrieved by the final disposition of his complaint, or by the failure to
take final action on his complaint, may file a
civil action as provided in section 2000e–5 of this
title, in which civil action the head of the department, agency, or unit, as appropriate, shall
be the defendant.
(d) Section 2000e–5(f) through (k) of this title applicable to civil actions
The provisions of section 2000e–5(f) through (k)
of this title, as applicable, shall govern civil actions brought hereunder, and the same interest
to compensate for delay in payment shall be
available as in cases involving nonpublic parties..1
(e) Government agency or official not relieved of
responsibility to assure nondiscrimination in
employment or equal employment opportunity
Nothing contained in this Act shall relieve
any Government agency or official of its or his
primary responsibility to assure nondiscrimination in employment as required by the Constitution and statutes or of its or his responsibilities
under Executive Order 11478 relating to equal
employment opportunity in the Federal Government.
1 So

in original.

Page 4975

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(f) Section 2000e–5(e)(3) of this title applicable to
compensation discrimination
Section 2000e–5(e)(3) of this title shall apply to
complaints of discrimination in compensation
under this section.
(Pub. L. 88–352, title VII, § 717, as added Pub. L.
92–261, § 11, Mar. 24, 1972, 86 Stat. 111; amended
1978 Reorg. Plan No. 1, § 3, eff. Jan. 1, 1979, 43
F.R. 19807, 92 Stat. 3781; Pub. L. 96–191, § 8(g),
Feb. 15, 1980, 94 Stat. 34; Pub. L. 102–166, title I,
§ 114, Nov. 21, 1991, 105 Stat. 1079; Pub. L. 104–1,
title II, § 201(c)(1), Jan. 23, 1995, 109 Stat. 8; Pub.
L. 105–220, title III, § 341(a), Aug. 7, 1998, 112 Stat.
1092; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat.
814; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006,
120 Stat. 3242; Pub. L. 111–2, § 5(c)(2), Jan. 29, 2009,
123 Stat. 7; Pub. L. 113–235, div. H, title I,
§ 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
REFERENCES IN TEXT
This Act, referred to in subsec. (e), means Pub. L.
88–352, July 2, 1964, 78 Stat. 241, known as the Civil
Rights Act of 1964, which is classified principally to
subchapters II to IX of this chapter (§ 2000a et seq.). For
complete classification of this Act to the Code, see
Short Title note set out under section 2000a of this title
and Tables.
Executive Order 11478, as amended, referred to in subsecs. (c) and (e), is set out as a note under section 2000e
of this title.
AMENDMENTS
2009—Subsec. (f). Pub. L. 111–2 added subsec. (f).
2006—Subsec. (a). Pub. L. 109–435 substituted ‘‘Postal
Regulatory Commission’’ for ‘‘Postal Rate Commission’’.
2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting
Office’’.
1998—Subsec. (a). Pub. L. 105–220 inserted ‘‘in the
Smithsonian Institution,’’ before ‘‘and in the Government Printing Office,’’.
1995—Subsec. (a). Pub. L. 104–1 substituted ‘‘units of
the judicial branch’’ for ‘‘units of the legislative and judicial branches’’ and inserted ‘‘Government Printing
Office, the General Accounting Office, and the’’ before
‘‘Library of Congress’’.
1991—Subsec. (c). Pub. L. 102–166, § 114(1), substituted
‘‘90 days’’ for ‘‘thirty days’’.
Subsec. (d). Pub. L. 102–166, § 114(2), inserted before
the period ‘‘, and the same interest to compensate for
delay in payment shall be available as in cases involving nonpublic parties.’’
1980—Subsec. (a). Pub. L. 96–191 struck out ‘‘(other
than the General Accounting Office)’’ after ‘‘in executive agencies’’.
CHANGE OF NAME
‘‘Government Publishing Office’’ substituted for
‘‘Government Printing Office’’ in subsec. (a) on authority of section 1301(b) of Pub. L. 113–235, set out as a note
preceding section 301 of Title 44, Public Printing and
Documents.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–2 effective as if enacted
May 28, 2007, and applicable to certain claims of discrimination in compensation pending on or after that
date, see section 6 of Pub. L. 111–2, set out as a note
under section 2000e–5 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–220 effective Aug. 7, 1998,
and applicable to and may be raised in any administrative or judicial claim or action brought before Aug. 7,

§ 2000e–16

1998, but pending on such date, and any administrative
or judicial claim or action brought after such date regardless of whether the claim or action arose prior to
such date, if the claim or action was brought within
the applicable statute of limitations, see section 341(d)
of Pub. L. 105–220, formerly set out as a note under section 633a of Title 29, Labor.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–1 effective 1 year after
Jan. 23, 1995, see section 1311(e) of Title 2, The Congress.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102–166 effective Nov. 21, 1991,
except as otherwise provided, see section 402 of Pub. L.
102–166, set out as a note under section 1981 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–191 effective Oct. 1, 1980,
see section 10(a) of Pub. L. 96–191.
TRANSFER OF FUNCTIONS
‘‘Equal Employment Opportunity Commission’’ substituted for ‘‘Civil Service Commission’’ in subsecs. (b)
and (c) pursuant to Reorg. Plan No. 1 of 1978, § 3, 43 F.R.
19807, 92 Stat. 3781, set out as a note under section
2000e–4 of this title, which transferred all equal opportunity in Federal employment enforcement and related
functions vested in Civil Service Commission by subsecs. (b) and (c) of this section to Equal Employment
Opportunity Commission, with certain authority delegable to Director of Office of Personnel Management,
effective Jan. 1, 1979, as provided by section 1–101 of Ex.
Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053, set out as a
note under section 2000e–4 of this title.
EX. ORD. NO. 13145. TO PROHIBIT DISCRIMINATION IN
FEDERAL EMPLOYMENT BASED ON GENETIC INFORMATION
Ex. Ord. No. 13145, Feb. 8, 2000, 65 F.R. 6877, provided:
By the authority vested in me as President of the
United States by the Constitution and the laws of the
United States of America, it is ordered as follows:
SECTION 1. Nondiscrimination in Federal Employment on
the Basis of Protected Genetic Information.
1–101. It is the policy of the Government of the United
States to provide equal employment opportunity in
Federal employment for all qualified persons and to
prohibit discrimination against employees based on
protected genetic information, or information about a
request for or the receipt of genetic services. This policy of equal opportunity applies to every aspect of Federal employment.
1–102. The head of each Executive department and
agency shall extend the policy set forth in section 1101
to all its employees covered by section 717 of Title VII
of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000e–16).
1–103. Executive departments and agencies shall carry
out the provisions of this order to the extent permitted
by law and consistent with their statutory and regulatory authorities, and their enforcement mechanisms.
The Equal Employment Opportunity Commission shall
be responsible for coordinating the policy of the Government of the United States to prohibit discrimination against employees in Federal employment based
on protected genetic information, or information about
a request for or the receipt of genetic services.
SEC. 2. Requirements Applicable to Employing Departments and Agencies.
1–201. Definitions.
(a) The term ‘‘employee’’ shall include an employee, applicant for employment, or former employee covered by section 717 of the Civil Rights Act
of 1964, as amended (42 U.S.C. 2000e–16).
(b) Genetic monitoring means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal
damage or evidence of increased occurrence of
mutations, that may have developed in the course of

§ 2000e–16

TITLE 42—THE PUBLIC HEALTH AND WELFARE

employment due to exposure to toxic substances in
the workplace, in order to identify, evaluate, respond
to the effects of, or control adverse environmental
exposures in the workplace.
(c) Genetic services means health services, including genetic tests, provided to obtain, assess, or interpret genetic information for diagnostic or therapeutic purposes, or for genetic education or counseling.
(d) Genetic test means the analysis of human DNA,
RNA, chromosomes, proteins, or certain metabolites
in order to detect disease-related genotypes or
mutations. Tests for metabolites fall within the definition of ‘‘genetic tests’’ when an excess or deficiency
of the metabolites indicates the presence of a mutation or mutations. The conducting of metabolic tests
by a department or agency that are not intended to
reveal the presence of a mutation shall not be considered a violation of this order, regardless of the results
of the tests. Test results revealing a mutation shall,
however, be subject to the provisions of this order.
(e) Protected genetic information.
(1) In general, protected genetic information
means:
(A) information about an individual’s genetic
tests;
(B) information about the genetic tests of an individual’s family members; or
(C) information about the occurrence of a disease, or medical condition or disorder in family
members of the individual.
(2) Information about an individual’s current
health status (including information about sex, age,
physical exams, and chemical, blood, or urine analyses) is not protected genetic information unless it
is described in subparagraph (1).
1–202. In discharging their responsibilities under this
order, departments and agencies shall implement the
following nondiscrimination requirements.
(a) The employing department or agency shall not
discharge, fail or refuse to hire, or otherwise discriminate against any employee with respect to the
compensation, terms, conditions, or privileges of employment of that employee, because of protected genetic information with respect to the employee, or
because of information about a request for or the receipt of genetic services by such employee.
(b) The employing department or agency shall not
limit, segregate, or classify employees in any way
that would deprive or tend to deprive any employee
of employment opportunities or otherwise adversely
affect that employee’s status, because of protected
genetic information with respect to the employee or
because of information about a request for or the receipt of genetic services by such employee.
(c) The employing department or agency shall not
request, require, collect, or purchase protected genetic information with respect to an employee, or information about a request for or the receipt of genetic services by such employee.
(d) The employing department or agency shall not
disclose protected genetic information with respect
to an employee, or information about a request for or
the receipt of genetic services by an employee except:
(1) to the employee who is the subject of the information, at his or her request;
(2) to an occupational or other health researcher,
if the research conducted complies with the regulations and protections provided for under part 46 of
title 45, of the Code of Federal Regulations;
(3) if required by a Federal statute, congressional
subpoena, or an order issued by a court of competent jurisdiction, except that if the subpoena or
court order was secured without the knowledge of
the individual to whom the information refers, the
employer shall provide the individual with adequate notice to challenge the subpoena or court
order, unless the subpoena or court order also imposes confidentiality requirements; or
(4) to executive branch officials investigating
compliance with this order, if the information is
relevant to the investigation.

Page 4976

(e) The employing department or agency shall not
maintain protected genetic information or information about a request for or the receipt of genetic services in general personnel files; such information shall
be treated as confidential medical records and kept
separate from personnel files.
SEC. 3. Exceptions.
1–301. The following exceptions shall apply to the
nondiscrimination requirements set forth in section
1202.
(a) The employing department or agency may request or require information defined in section
1–201(e)(1)(C) with respect to an applicant who has
been given a conditional offer of employment or to an
employee if:
(1) the request or requirement is consistent with
the Rehabilitation Act [of 1973, 29 U.S.C. 701 et seq.]
and other applicable law;
(2) the information obtained is to be used exclusively to assess whether further medical evaluation
is needed to diagnose a current disease, or medical
condition or disorder, or under the terms of section
1–301(b) of this order;
(3) such current disease, or medical condition or
disorder could prevent the applicant or employee
from performing the essential functions of the position held or desired; and
(4)
the
information
defined
in
section
1–201(e)(1)(C) of this order will not be disclosed to
persons other than medical personnel involved in or
responsible for assessing whether further medical
evaluation is needed to diagnose a current disease,
or medical condition or disorder, or under the
terms of section 1–301(b) of this order.
(b) The employing department or agency may request, collect, or purchase protected genetic information with respect to an employee, or any information
about a request for or receipt of genetic services by
such employee if:
(1) the employee uses genetic or health care services provided by the employer (other than use pursuant to section 1–301(a) of this order);
(2) the employee who uses the genetic or health
care services has provided prior knowing, voluntary, and written authorization to the employer
to collect protected genetic information;
(3) the person who performs the genetic or health
care services does not disclose protected genetic information to anyone except to the employee who
uses the services for treatment of the individual;
pursuant to section 1–202(d) of this order; for program evaluation or assessment; for compiling and
analyzing information in anticipation of or for use
in a civil or criminal legal proceeding; or, for payment or accounting purposes, to verify that the
service was performed (but in such cases the genetic information itself cannot be disclosed);
(4) such information is not used in violation of
sections 1–202(a) or 1–202(b) of this order.
(c) The employing department or agency may collect protected genetic information with respect to an
employee if the requirements of part 46 of title 45 of
the Code of Federal Regulations are met.
(d) Genetic monitoring of biological effects of toxic
substances in the workplace shall be permitted if all
of the following conditions are met:
(1) the employee has provided prior, knowing, voluntary, and written authorization;
(2) the employee is notified when the results of
the monitoring are available and, at that time, the
employer makes any protected genetic information
that may have been acquired during the monitoring
available to the employee and informs the employee how to obtain such information;
(3) the monitoring conforms to any genetic monitoring regulations that may be promulgated by the
Secretary of Labor; and
(4) the employer, excluding any licensed health
care professionals that are involved in the genetic
monitoring program, receives results of the moni-

Page 4977

TITLE 42—THE PUBLIC HEALTH AND WELFARE

toring only in aggregate terms that do not disclose
the identity of specific employees.
(e) This order does not limit the statutory authority of a Federal department or agency to:
(1) promulgate or enforce workplace safety and
health laws and regulations;
(2) conduct or sponsor occupational or other
health research that is conducted in compliance
with regulations at part 46 of title 45, of the Code
of Federal Regulations; or
(3) collect protected genetic information as a part
of a lawful program, the primary purpose of which
is to carry out identification purposes.
SEC. 4. Miscellaneous.
1–401. The head of each department and agency shall
take appropriate action to disseminate this policy and,
to this end, shall designate a high level official responsible for carrying out its responsibilities under this
order.
1–402. Nothing in this order shall be construed to:
(a) limit the rights or protections of an individual
under the Rehabilitation Act of 1973 (29 U.S.C. 701, et
seq.), the Privacy Act of 1974 (5 U.S.C. 552a), or other
applicable law; or
(b) require specific benefits for an employee or dependent under the Federal Employees Health Benefits Program or similar program.
1–403. This order clarifies and makes uniform Administration policy and does not create any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its officers or employees, or any other person.
WILLIAM J. CLINTON.

§ 2000e–16a. Short title; purpose; definition
(a) Short title
Sections 2000e–16a to 2000e–16c of this title
may be cited as the ‘‘Government Employee
Rights Act of 1991’’.
(b) Purpose
The purpose of sections 2000e–16a to 2000e–16c
of this title is to provide procedures to protect
the rights of certain government employees,
with respect to their public employment, to be
free of discrimination on the basis of race, color,
religion, sex, national origin, age, or disability.
(c) ‘‘Violation’’ defined
For purposes of sections 2000e–16a to 2000e–16c
of this title, the term ‘‘violation’’ means a practice that violates section 2000e–16b(a) of this
title.
(Pub. L. 102–166, title III, § 301, Nov. 21, 1991, 105
Stat. 1088; Pub. L. 103–283, title III, § 312(f)(1),
July 22, 1994, 108 Stat. 1446; Pub. L. 104–1, title V,
§ 504(a)(1), Jan. 23, 1995, 109 Stat. 40.)
REFERENCES IN TEXT
Sections 2000e–16a to 2000e–16c of this title, referred
to in text, was in the original ‘‘this title’’, meaning
title III of Pub. L. 102–166, which is classified generally
to sections 2000e–16a to 2000e–16c of this title. For complete classification of title III to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 1201 of
Title 2, The Congress.
AMENDMENTS
1995—Pub. L. 104–1 amended section generally, substituting ‘‘rights of certain government employees’’ for
‘‘right of Senate and other government employees’’ in
subsec. (b) and striking out definitions of ‘‘Senate employee’’ and ‘‘head of employing office’’ in subsec. (c).

§ 2000e–16b

1994—Subsec. (c)(1)(B) to (D). Pub. L. 103–283, which
directed the amendment of subsec. (c) by striking out
subpar. (B), redesignating subpars. (C) and (D) as (B)
and (C), respectively, and striking out ‘‘or (B)’’ after
‘‘described in subparagraph (A)’’ in subpars. (B) and (C),
was executed by making the amendment to subsec.
(c)(1) to reflect the probable intent of Congress. Prior
to amendment, subpar. (B) read as follows: ‘‘any employee of the Architect of the Capitol who is assigned
to the Senate Restaurants or to the Superintendent of
the Senate Office Buildings;’’.
EFFECTIVE DATE
Section effective Nov. 21, 1991, except as otherwise
provided, see section 402 of Pub. L. 102–166, set out as an
Effective Date of 1991 Amendment note under section
1981 of this title.

§ 2000e–16b. Discriminatory practices prohibited
(a) Practices
All personnel actions affecting the Presidential appointees described in section 1219 1 of
title 2 or the State employees described in section 2000e–16c of this title shall be made free
from any discrimination based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of
this title;
(2) age, within the meaning of section 633a of
title 29; or
(3) disability, within the meaning of section
791 of title 29 and sections 12112 to 12114 of this
title.
(b) Remedies
The remedies referred to in sections 1219(a)(1) 1
of title 2 and 2000e–16c(a) of this title—
(1) may include, in the case of a determination that a violation of subsection (a)(1) or
(a)(3) has occurred, such remedies as would be
appropriate
if
awarded
under
sections
2000e–5(g), 2000e–5(k), and 2000e–16(d) of this
title, and such compensatory damages as
would be appropriate if awarded under section
1981 or sections 1981a(a) and 1981a(b)(2) of this
title;
(2) may include, in the case of a determination that a violation of subsection (a)(2) has
occurred, such remedies as would be appropriate if awarded under section 633a(c) of title
29; and
(3) may not include punitive damages.
(Pub. L. 102–166, title III, § 302, Nov. 21, 1991, 105
Stat. 1088; Pub. L. 104–1, title V, § 504(a)(1), Jan.
23, 1995, 109 Stat. 40.)
REFERENCES IN TEXT
Section 1219 of title 2, referred to in text, was repealed by Pub. L. 104–331, § 5(a), Oct. 26, 1996, 110 Stat.
4072.
CODIFICATION
Section was formerly classified to section 1202 of
Title 2, The Congress.
AMENDMENTS
1994—Pub. L. 104–1 amended section generally. Prior
to amendment, text read as follows: ‘‘All personnel actions affecting employees of the Senate shall be made
free from any discrimination based on—
‘‘(1) race, color, religion, sex, or national origin,
within the meaning of section 2000e–16 of this title;
1 See

References in Text note below.

§ 2000e–16c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(2) age, within the meaning of section 633a of title
29; or
‘‘(3) handicap or disability, within the meaning of
section 791 of title 29 and sections 12112 to 12114 of
this title.’’
EFFECTIVE DATE
Section effective Nov. 21, 1991, except as otherwise
provided, see section 402 of Pub. L. 102–166, set out as an
Effective Date of 1991 Amendment note under section
1981 of this title.

§ 2000e–16c. Coverage of previously exempt State
employees
(a) Application
The rights, protections, and remedies provided
pursuant to section 2000e–16b of this title shall
apply with respect to employment of any individual chosen or appointed, by a person elected
to public office in any State or political subdivision of any State by the qualified voters thereof—
(1) to be a member of the elected official’s
personal staff;
(2) to serve the elected official on the policymaking level; or
(3) to serve the elected official as an immediate advisor with respect to the exercise of
the constitutional or legal powers of the office.
(b) Enforcement by administrative action
(1) In general
Any individual referred to in subsection (a)
may file a complaint alleging a violation, not
later than 180 days after the occurrence of the
alleged violation, with the Equal Employment
Opportunity Commission, which, in accordance with the principles and procedures set
forth in sections 554 through 557 of title 5,
shall determine whether a violation has occurred and shall set forth its determination in
a final order. If the Equal Employment Opportunity Commission determines that a violation has occurred, the final order shall also
provide for appropriate relief.
(2) Referral to State and local authorities
(A) Application
Section 2000e–5(d) of this title shall apply
with respect to any proceeding under this
section.
(B) Definition
For purposes of the application described
in subparagraph (A), the term ‘‘any charge
filed by a member of the Commission alleging an unlawful employment practice’’
means a complaint filed under this section.
(c) Judicial review
Any party aggrieved by a final order under
subsection (b) may obtain a review of such order
under chapter 158 of title 28. For the purpose of
this review, the Equal Employment Opportunity
Commission shall be an ‘‘agency’’ as that term
is used in chapter 158 of title 28.
(d) Standard of review
To the extent necessary to decision and when
presented, the reviewing court shall decide all
relevant questions of law and interpret constitu-

Page 4978

tional and statutory provisions. The court shall
set aside a final order under subsection (b) if it
is determined that the order was—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the
court shall review the whole record or those
parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error.
(e) Attorney’s fees
If the individual referred to in subsection (a) is
the prevailing party in a proceeding under this
subsection,1 attorney’s fees may be allowed by
the court in accordance with the standards prescribed under section 2000e–5(k) of this title.
(Pub. L. 102–166, title III, § 304, formerly § 321,
Nov. 21, 1991, 105 Stat. 1097; renumbered § 304 and
amended Pub. L. 104–1, title V, § 504(a)(3), (4),
Jan. 23, 1995, 109 Stat. 41.)
CODIFICATION
Section was formerly classified to section 1220 of
Title 2, The Congress.
PRIOR PROVISIONS
A prior section 304 of Pub. L. 102–166 was classified to
section 1204 of Title 2, The Congress, prior to repeal by
Pub. L. 104–1.
AMENDMENTS
1995—Subsec. (a). Pub. L. 104–1, § 504(a)(4), struck out
‘‘and 1207(h) of title 2’’ before ‘‘shall apply’’ in introductory provisions.
EFFECTIVE DATE
Section effective Nov. 21, 1991, except as otherwise
provided, see section 402 of Pub. L. 102–166, set out as an
Effective Date of 1991 Amendment note under section
1981 of this title.

§ 2000e–17. Procedure for denial, withholding,
termination, or suspension of Government
contract subsequent to acceptance by Government of affirmative action plan of employer; time of acceptance of plan
No Government contract, or portion thereof,
with any employer, shall be denied, withheld,
terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such
employer has an affirmative action plan which
has previously been accepted by the Government
for the same facility within the past twelve
months without first according such employer
full hearing and adjudication under the provisions of section 554 of title 5, and the following
pertinent sections: Provided, That if such employer has deviated substantially from such previously agreed to affirmative action plan, this
section shall not apply: Provided further, That
for the purposes of this section an affirmative
action plan shall be deemed to have been accepted by the Government at the time the appropriate compliance agency has accepted such
plan unless within forty-five days thereafter the
1 So

in original.

Page 4979

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Office of Federal Contract Compliance has disapproved such plan.
(Pub. L. 88–352, title VII, § 718, as added Pub. L.
92–261, § 13, Mar. 24, 1972, 86 Stat. 113.)
SUBCHAPTER VII—REGISTRATION AND
VOTING STATISTICS
§ 2000f. Survey for compilation of registration
and voting statistics; geographical areas;
scope; application of census provisions; voluntary disclosure; advising of right not to
furnish information
The Secretary of Commerce shall promptly
conduct a survey to compile registration and
voting statistics in such geographic areas as
may be recommended by the Commission on
Civil Rights. Such a survey and compilation
shall, to the extent recommended by the Commission on Civil Rights, only include a count of
persons of voting age by race, color, and national origin, and determination of the extent to
which such persons are registered to vote, and
have voted in any statewide primary or general
election in which the Members of the United
States House of Representatives are nominated
or elected, since January 1, 1960. Such information shall also be collected and compiled in connection with the Nineteenth Decennial Census,
and at such other times as the Congress may
prescribe. The provisions of section 9 and chapter 7 of title 13 shall apply to any survey, collection, or compilation of registration and voting
statistics carried out under this subchapter: Provided, however, That no person shall be compelled to disclose his race, color, national origin,
or questioned about his political party affiliation, how he voted, or the reasons therefore,
nor shall any penalty be imposed for his failure
or refusal to make such disclosure. Every person
interrogated orally, by written survey or questionnaire or by any other means with respect to
such information shall be fully advised with respect to his right to fail or refuse to furnish
such information.
(Pub. L. 88–352, title VIII, § 801, July 2, 1964, 78
Stat. 266.)
SUBCHAPTER VIII—COMMUNITY
RELATIONS SERVICE

§ 2000g

CODIFICATION
References to ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ and ‘‘section 3109 of title 5’’ substituted in text for ‘‘the Classification Act of 1949, as
amended’’ and ‘‘section 15 of the Act of August 2, 1946
(60 Stat. 810; 5 U.S.C. 55a)’’, respectively, on authority
of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and Employees.
AMENDMENTS
1978—Pub. L. 95–624 struck out provision authorizing
the Director to procure the services of experts and consultants at rates for individuals not in excess of $75 per
diem.
REORGANIZATION PLAN NO. 1 OF 1966
Eff. Apr. 22, 1966, 31 F.R. 6187, 80 Stat. 1607
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 10, 1966, pursuant to the provisions
of the Reorganization Act of 1949, 63 Stat. 203, as
amended [see 5 U.S.C. 901 et seq.].
COMMUNITY RELATIONS SERVICE
SECTION 1. TRANSFER OF SERVICE
Subject to the provisions of this reorganization plan,
the Community Relations Service now existing in the
Department of Commerce under the Civil Rights Act of
1964 (Pub. L. No. 88–352, July 2, 1964) [see Short Title
note under 42 U.S.C. 2000a], including the office of Director there of, is hereby transferred to the Department of Justice.
SEC. 2. TRANSFER OF FUNCTIONS
All functions of the Community Relations Service,
and all functions of the Director of the Community Relations Service, together with all functions of the Secretary of Commerce and the Department of Commerce
with respect thereto, are hereby transferred to the Attorney General.
SEC. 3. INCIDENTAL TRANSFERS
(a) Section 1 hereof shall be deemed to transfer to the
Department of Justice the personnel, property, and
records of the Community Relations Service and the
unexpended balances of appropriations, allocations, and
other funds available or to be made available to the
Service.
(b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be
necessary in order to effectuate the transfers referred
to in subsection (a) of this section shall be carried out
in such manner as he shall direct and by such agencies
as he shall designate.
MESSAGE OF THE PRESIDENT

§ 2000g. Establishment of Service; Director of
Service: appointment, term; personnel
There is hereby established in and as a part of
the Department of Commerce a Community Relations Service (hereinafter referred to as the
‘‘Service’’), which shall be headed by a Director
who shall be appointed by the President with
the advice and consent of the Senate for a term
of four years. The Director is authorized to appoint, subject to the civil service laws and regulations, such other personnel as may be necessary to enable the Service to carry out its
functions and duties, and to fix their compensation in accordance with chapter 51 and subchapter III of chapter 53 of title 5.
(Pub. L. 88–352, title X, § 1001(a), July 2, 1964, 78
Stat. 267; Pub. L. 95–624, § 5, Nov. 9, 1978, 92 Stat.
3462.)

To the Congress of the United States:
I transmit herewith Reorganization Plan No. 1 of
1966, prepared in accordance with the Reorganization
Act of 1949, as amended, and providing for reorganization of community relations functions in the area of
civil rights.
After a careful review of the activities of the Federal
agencies involved in the field of civil rights, it became
clear that the elimination of duplication and undesirable overlap required the consolidation of certain functions.
As a first step, I issued Executive Orders 11246 and
11247 on September 24, 1965.
Executive Order 11246 simplified and clarified executive branch assignments of responsibility for enforcing
civil rights policies and placed responsibility for the
Government-wide coordination of the enforcement activities of executive agencies in the Secretary of Labor
with respect to employment by Federal contractors and
in the Civil Service Commission with respect to employment by Federal agencies.