Title VII, Civil Rights Act of 1964, as amended



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Title VII, Civil Rights Act of 1964, as amended
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 employees and applicants

for employment who are paid from nonappropriated funds), in the United States Postal Service and

the Postal Rate Commission, in those units of the Government of the District of Columbia having

positions in the competitive service, and in those units of the legislative and judicial branches of the

Federal Government having positions in the competitive service, and in 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) of this section 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


(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) of this section, 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.. (FOOTNOTE 1) (FOOTNOTE 1) So in original.
(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.


REFERENCES IN TEXT
This Act, referred to in subsec. (e), means Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended,

known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this

chapter (Sec. 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
1991 - Subsec. (c). Pub. L. 102-166, Sec. 114(1), substituted `90 days` for `thirty days'. Subsec.

(d). Pub. L. 102-166, Sec. 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`.
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, Sec. 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.


SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1981a, 2000e, 5057 of this title; title 2 sections 60l, 1202; title

5 sections 2302, 7201, 7702, 7703; title 22 sections 3905, 4131; title 29 section 794a.


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