Laws: Cases and Codes : U.S. Code : Title 42


   

U.S. Code as of: 01/19/04
Chapter 21 - Notes
                         SUBCHAPTER I - GENERALLY                     
    Sec.                                                     
    1981.       Equal rights under the law.                       
                  (a)   Statement of equal rights.                  
                  (b)   "Make and enforce contracts" defined.       
                  (c)   Protection against impairment.              
    1981a.      Damages in cases of intentional discrimination in
                     employment.                                      
                  (a)   Right of recovery.                          
                  (b)   Compensatory and punitive damages.          
                  (c)   Jury trial.                                 
                  (d)   Definitions.                                
    1982.       Property rights of citizens.                      
    1983.       Civil action for deprivation of rights.           
    1984.       Omitted.                                          
    1985.       Conspiracy to interfere with civil rights.        
                  (1)   Preventing officer from performing duties.  
                  (2)   Obstructing justice; intimidating party,
                         witness, or juror.                         
                  (3)   Depriving persons of rights or privileges.  
    1986.       Action for neglect to prevent.                    
    1987.       Prosecution of violation of certain laws.         
    1988.       Proceedings in vindication of civil rights.       
                  (a)   Applicability of statutory and common law.  
                  (b)   Attorney's fees.                            
                  (c)   Expert fees.                                
    1989.       United States magistrate judges; appointment of
                     persons to execute warrants.                     
    1990.       Marshal to obey precepts; refusing to receive or
                     execute process.                                 
    1991.       Fees; persons appointed to execute process.       
    1992.       Speedy trial.                                     
    1993.       Repealed.                                         
    1994.       Peonage abolished.                                
    1995.       Criminal contempt proceedings; penalties; trial by
                     jury.                                            
    1996.       Protection and preservation of traditional
                     religions of Native Americans.                   
    1996a.      Traditional Indian religious use of peyote.       
                  (a)   Congressional findings and declarations.    
                  (b)   Use, possession, or transportation of
                         peyote.                                    
                  (c)   Definitions.                                
                  (d)   Protection of rights of Indians and Indian
                         tribes.                                    
    1996b.      Interethnic adoption.                             
                  (1)   Prohibited conduct.                         
                  (2)   Enforcement.                                
                  (3)   No effect on Indian Child Welfare Act of
                         1978.                                      
                SUBCHAPTER I-A - INSTITUTIONALIZED PERSONS            
    1997.       Definitions.                                      
    1997a.      Initiation of civil actions.                      
                  (a)   Discretionary authority of Attorney General;
                         preconditions.                             
                  (b)   Discretionary award of attorney fees.       
                  (c)   Attorney General to personally sign
                         complaint.                                 
    1997b.      Certification requirements; Attorney General to
                     personally sign certification.                   
    1997c.      Intervention in actions.                          
                  (a)   Discretionary authority of Attorney General;
                         preconditions; time period.                
                  (b)   Certification requirements by Attorney
                         General.                                   
                  (c)   Attorney General to personally sign motion
                         to intervene.                              
                  (d)   Discretionary award of attorney fees; other
                         award provisions unaffected.               
    1997d.      Prohibition of retaliation.                       
    1997e.      Suits by prisoners.                               
                  (a)   Applicability of administrative remedies.   
                  (b)   Failure of State to adopt or adhere to
                         administrative grievance procedure.        
                  (c)   Dismissal.                                  
                  (d)   Attorney's fees.                            
                  (e)   Limitation on recovery.                     
                  (f)   Hearings.                                   
                  (g)   Waiver of reply.                            
                  (h)   "Prisoner" defined.                         
    1997f.      Report to Congress.                               
    1997g.      Priorities for use of funds.                      
    1997h.      Notice to Federal departments.                    
    1997i.      Disclaimer respecting standards of care.          
    1997j.      Disclaimer respecting private litigation.         
                   SUBCHAPTER II - PUBLIC ACCOMMODATIONS               
    2000a.      Prohibition against discrimination or segregation
                     in places of public accommodation.               
                  (a)   Equal access.                               
                  (b)   Establishments affecting interstate commerce
                         or supported in their activities by State
                         action as places of public accommodation;
                         lodgings; facilities principally engaged in
                         selling food for consumption on the
                         premises; gasoline stations; places of
                         exhibition or entertainment; other covered
                         establishments.                            
                  (c)   Operations affecting commerce; criteria;
                         "commerce" defined.                        
                  (d)   Support by State action.                    
                  (e)   Private establishments.                     
    2000a-1.    Prohibition against discrimination or segregation
                     required by any law, statute, ordinance,
                     regulation, rule or order of a State or State
                     agency.                                          
    2000a-2.    Prohibition against deprivation of, interference
                     with, and punishment for exercising rights and
                     privileges secured by section 2000a or 2000a-1 of
                     this title.                                      
    2000a-3.    Civil actions for injunctive relief.              
                  (a)   Persons aggrieved; intervention by Attorney
                         General; legal representation; commencement
                         of action without payment of fees, costs,
                         or security.                               
                  (b)   Attorney's fees; liability of United States
                         for costs.                                 
                  (c)   State or local enforcement proceedings;
                         notification of State or local authority;
                         stay of Federal proceedings.               
                  (d)   References to Community Relations Service to
                         obtain voluntary compliance; duration of
                         reference; extension of period.            
    2000a-4.    Community Relations Service; investigations and
                     hearings; executive session; release of
                     testimony; duty to bring about voluntary
                     settlements.                                     
    2000a-5.    Civil actions by the Attorney General.            
                  (a)   Complaint.                                  
                  (b)   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.                                 
    2000a-6.    Jurisdiction; exhaustion of other remedies;
                     exclusiveness of remedies; assertion of rights
                     based on other Federal or State laws and pursuit
                     of remedies for enforcement of such rights.      
                    SUBCHAPTER III - PUBLIC FACILITIES                
    2000b.      Civil actions by the Attorney General.            
                  (a)   Complaint; certification; institution of
                         civil action; relief requested;
                         jurisdiction; impleading additional parties
                         as defendants.                             
                  (b)   Persons unable to initiate and maintain
                         legal proceedings.                         
    2000b-1.    Liability of United States for costs and
                     attorney's fee.                                  
    2000b-2.    Personal suits for relief against discrimination
                     in public facilities.                            
    2000b-3.    "Complaint" defined.                              
                     SUBCHAPTER IV - PUBLIC EDUCATION                 
    2000c.      Definitions.                                      
    2000c-1.    Omitted.                                          
    2000c-2.    Technical assistance in preparation, adoption, and
                     implementation of plans for desegregation of
                     public schools.                                  
    2000c-3.    Training institutes; stipends; travel allowances. 
    2000c-4.    Grants for inservice training in dealing with and
                     for employment of specialists to advise in
                     problems incident to desegregation; factors for
                     consideration in making grants and fixing
                     amounts, terms, and conditions.                  
    2000c-5.    Payments; adjustments; advances or reimbursement;
                     installments.                                    
    2000c-6.    Civil actions by the Attorney General.            
                  (a)   Complaint; certification; notice to school
                         board or college authority; institution of
                         civil action; relief requested;
                         jurisdiction; transportation of pupils to
                         achieve racial balance; judicial power to
                         insure compliance with constitutional
                         standards; impleading additional parties as
                         defendants.                                
                  (b)   Persons unable to initiate and maintain
                         legal proceedings.                         
                  (c)   "Parent" and "complaint" defined.           
    2000c-7.    Liability of United States for costs.             
    2000c-8.    Personal suits for relief against discrimination
                     in public education.                             
    2000c-9.    Classification and assignment.                    
                SUBCHAPTER V - FEDERALLY ASSISTED PROGRAMS            
    2000d.      Prohibition against exclusion from participation
                     in, denial of benefits of, and discrimination
                     under federally assisted programs on ground of
                     race, color, or national origin.                 
    2000d-1.    Federal authority and financial assistance to
                     programs or activities by way of grant, loan, or
                     contract other than contract of insurance or
                     guaranty; rules and regulations; approval by
                     President; compliance with requirements; reports
                     to Congressional committees; effective date of
                     administrative action.                           
    2000d-2.    Judicial review; administrative procedure
                     provisions.                                      
    2000d-3.    Construction of provisions not to authorize
                     administrative action with respect to employment
                     practices except where primary objective of
                     Federal financial assistance is to provide
                     employment.                                      
    2000d-4.    Federal authority and financial assistance to
                     programs or activities by way of contract of
                     insurance or guaranty.                           
    2000d-4a.   "Program or activity" and "program" defined.      
    2000d-5.    Prohibited deferral of action on applications by
                     local educational agencies seeking Federal funds
                     for alleged noncompliance with Civil Rights Act. 
    2000d-6.    Policy of United States as to application of
                     nondiscrimination provisions in schools of local
                     educational agencies.                            
                  (a)   Declaration of uniform policy.              
                  (b)   Nature of uniformity.                       
                  (c)   Prohibition of construction for diminution
                         of obligation for enforcement or compliance
                         with nondiscrimination requirements.       
                  (d)   Additional funds.                           
    2000d-7.    Civil rights remedies equalization.               
                  (a)   General provision.                          
                  (b)   Effective date.                             
              SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES          
    2000e.      Definitions.                                      
    2000e-1.    Applicability to foreign and religious employment.
                  (a)   Inapplicability of subchapter to certain
                         aliens and employees of religious entities.
                  (b)   Compliance with statute as violative of
                         foreign law.                               
                  (c)   Control of corporation incorporated in
                         foreign country.                           
    2000e-2.    Unlawful employment practices.                    
                  (a)   Employer practices.                         
                  (b)   Employment agency practices.                
                  (c)   Labor organization practices.               
                  (d)   Training programs.                          
                  (e)   Businesses or enterprises with personnel
                         qualified on basis of religion, sex, or
                         national origin; educational institutions
                         with personnel of particular religion.     
                  (f)   Members of Communist Party or
                         Communist-action or Communist-front
                         organizations.                             
                  (g)   National security.                          
                  (h)   Seniority or merit system; quantity or
                         quality of production; ability tests;
                         compensation based on sex and authorized by
                         minimum wage provisions.                   
                  (i)   Businesses or enterprises extending
                         preferential treatment to Indians.         
                  (j)   Preferential treatment not to be granted on
                         account of existing number or percentage
                         imbalance.                                 
                  (k)   Burden of proof in disparate impact cases.  
                  (l)   Prohibition of discriminatory use of test
                         scores.                                    
                  (m)   Impermissible consideration of race, color,
                         religion, sex, or national origin in
                         employment practices.                      
                  (n)   Resolution of challenges to employment
                         practices implementing litigated or consent
                         judgments or orders.                       
    2000e-3.    Other unlawful employment practices.              
                  (a)   Discrimination for making charges,
                         testifying, assisting, or participating in
                         enforcement proceedings.                   
                  (b)   Printing or publication of notices or
                         advertisements indicating prohibited
                         preference, limitation, specification, or
                         discrimination; occupational qualification
                         exception.                                 
    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.      
                  (b)   General Counsel; appointment; term; duties;
                         representation by attorneys and Attorney
                         General.                                   
                  (c)   Exercise of powers during vacancy; quorum.  
                  (d)   Seal; judicial notice.                      
                  (e)   Reports to Congress and the President.      
                  (f)   Principal and other offices.                
                  (g)   Powers of Commission.                       
                  (h)   Cooperation with other departments and
                         agencies in performance of educational or
                         promotional activities; outreach
                         activities.                                
                  (i)   Personnel subject to political activity
                         restrictions.                              
                  (j)   Technical Assistance Training Institute.    
                  (k)   EEOC Education, Technical Assistance, and
                         Training Revolving Fund.                   
    2000e-5.    Enforcement provisions.                           
                  (a)   Power of Commission to prevent unlawful
                         employment practices.                      
                  (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.
                  (c)   State or local enforcement proceedings;
                         notification of State or local authority;
                         time for filing charges with Commission;
                         commencement of proceedings.               
                  (d)   State or local enforcement proceedings;
                         notification of State or local authority;
                         time for action on charges by Commission.  
                  (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.                  
                  (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. 
                  (g)   Injunctions; appropriate affirmative action;
                         equitable relief; accrual of back pay;
                         reduction of back pay; limitations on
                         judicial orders.                           
                  (h)   Provisions of chapter 6 of title 29 not
                         applicable to civil actions for prevention
                         of unlawful practices.                     
                  (i)   Proceedings by Commission to compel
                         compliance with judicial orders.           
                  (j)   Appeals.                                    
                  (k)   Attorney's fee; liability of Commission and
                         United States for costs.                   
    2000e-6.    Civil actions by the Attorney General.            
                  (a)   Complaint.                                  
                  (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.       
                  (c)   Transfer of functions, etc., to Commission;
                         effective date; prerequisite to transfer;
                         execution of functions by Commission.      
                  (d)   Transfer of functions, etc., not to affect
                         suits commenced pursuant to this section
                         prior to date of transfer.                 
                  (e)   Investigation and action by Commission
                         pursuant to filing of charge of
                         discrimination; procedure.                 
    2000e-7.    Effect on State laws.                             
    2000e-8.    Investigations.                                   
                  (a)   Examination and copying of evidence related
                         to unlawful employment practices.          
                  (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.                  
                  (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.                         
                  (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.                
                  (e)   Prohibited disclosures; penalties.          
    2000e-9.    Conduct of hearings and investigations pursuant to
                     section 161 of title 29.                         
    2000e-10.   Posting of notices; penalties.                    
    2000e-11.   Veterans' special rights or preference.           
    2000e-12.   Regulations; conformity of regulations with
                     administrative procedure provisions; reliance on
                     interpretations and instructions of Commission.  
    2000e-13.   Application to personnel of Commission of sections
                     111 and 1114 of title 18; punishment for
                     violation of section 1114 of title 18.           
    2000e-14.   Equal Employment Opportunity Coordinating Council;
                     establishment; composition; duties; report to
                     President and Congress.                          
    2000e-15.   Presidential conferences; acquaintance of
                     leadership with provisions for employment rights
                     and obligations; plans for fair administration;
                     membership.                                      
    2000e-16.   Employment by Federal Government.                 
                  (a)   Discriminatory practices prohibited;
                         employees or applicants for employment
                         subject to coverage.                       
                  (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. 
                  (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.              
                  (d)   Section 2000e-5(f) through (k) of this title
                         applicable to civil actions.               
                  (e)   Government agency or official not relieved
                         of responsibility to assure
                         nondiscrimination in employment or equal
                         employment opportunity.                    
    2000e-16a.  Short title; purpose; definition.                 
                  (a)   Short title.                                
                  (b)   Purpose.                                    
                  (c)   "Violation" defined.                        
    2000e-16b.  Discriminatory practices prohibited.              
                  (a)   Practices.                                  
                  (b)   Remedies.                                   
    2000e-16c.  Coverage of previously exempt State employees.    
                  (a)   Application.                                
                  (b)   Enforcement by administrative action.       
                  (c)   Judicial review.                            
                  (d)   Standard of review.                         
                  (e)   Attorney's fees.                            
    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.    
            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.                                     
               SUBCHAPTER VIII - COMMUNITY RELATIONS SERVICE           
    2000g.      Establishment of Service; Director of Service:
                     appointment, term; personnel.                    
    2000g-1.    Functions of Service.                             
    2000g-2.    Cooperation with other agencies; conciliation
                     assistance in confidence and without publicity;
                     information as confidential; restriction on
                     performance of investigative or prosecuting
                     functions; violations and penalties.             
    2000g-3.    Reports to Congress.                              
                 SUBCHAPTER IX - MISCELLANEOUS PROVISIONS             
    2000h.      Criminal contempt proceedings: trial by jury,
                     criminal practice, penalties, exceptions, intent;
                     civil contempt proceedings.                      
    2000h-1.    Double jeopardy; specific crimes and criminal
                     contempts.                                       
    2000h-2.    Intervention by Attorney General; denial of equal
                     protection on account of race, color, religion,
                     sex or national origin.                          
    2000h-3.    Construction of provisions not to affect authority
                     of Attorney General, etc., to institute or
                     intervene in actions or proceedings.             
    2000h-4.    Construction of provisions not to exclude
                     operation of State laws and not to invalidate
                     consistent State laws.                           
    2000h-5.    Authorization of appropriations.                  
    2000h-6.    Separability.                                     
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in section 11111 of this title.
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