• United States Code
• TITLE 42 - THE PUBLIC HEALTH AND WELFARE
• CHAPTER 21 - CIVIL RIGHTS
• SUBCHAPTER VI - EQUAL EMPLOYMENT OPPORTUNITIES

                                   SOURCE
    (Pub. L. 88-352, title VII, Sec. 701, July 2, 1964, 78 Stat. 253;
    Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 662; Pub. L.
    92-261, Sec. 2, Mar. 24, 1972, 86 Stat. 103; Pub. L. 95-555, Sec.
    1, Oct. 31, 1978, 92 Stat. 2076; Pub. L. 95-598, title III, Sec.
    330, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 99-514, Sec. 2, Oct. 22,
    1986, 100 Stat. 2095; Pub. L. 102-166, title I, Secs. 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, as
    amended, which is classified generally to subchapter II (Sec. 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, as amended, which is classified
    principally to chapter 8 (Sec. 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, as amended, which is classified principally to chapter
    11 (Sec. 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, as amended, which
    is classified generally to subchapter III (Sec. 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
    1331 of Title 43 and Tables.
                                AMENDMENTS                            
      1991 - Subsec. (f). Pub. L. 102-166, Sec. 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, Sec. 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, Sec. 2(1), included within
    "person" governments, governmental agencies, and political
    subdivisions.
      Subsec. (b). Pub. L. 92-261, Sec. 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, Sec. 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, Sec. 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 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 twenty-five or
    more thereafter.
      Subsec. (f). Pub. L. 92-261, Sec. 2(5), inserted provisions
    enumerating persons excepted from term "employee".
      Subsec. (h). Pub. L. 92-261, Sec. 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, Sec. 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.
                         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.
                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.
    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.
                         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.
                   SECTION REFERRED TO IN OTHER SECTIONS               
      This section is referred to in section 12111 of this title; title
    43 section 1626.