PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES

SEC. 706. (a) The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 703 or 704 of this title.

(b) 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 labormanagement 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 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) 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) 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 de to have been commenced for the purposes of this subsection a time such statement is sent by registered mail to the approp State or local authority.

(d) In the case of any charge filed by a member of the Commi alleging an unlawful employment practice occurring in a Stat political subdivision of a State which has a State or local law proh ing the practice alleged and establishing or authorizing a State or authority to grant or seek relief from such practice or to inst criminal proceedings with respect thereto upon receiving n thereof, the Commission shall, before taking any action with respe such charge, notify the appropriate State or local officials and, request, afford them a reasonable time, but not less than sixty (provided that such sixty-day period shall be extended to one hun and twenty days during the first year after the effective date of State or local law), unless a shorter period is requested, to act u such State or local law to remedy the practice alleged.

(e) A charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occu and notice of the charge (including the date, place and circumsta of the alleged unlawful employment practice) shall be served upon person against whom such charge is made within ten days therea except that in a case of an unlawful employment practice with resp to which the person aggrieved has initially instituted proceedings a State or local agency with authority to grant or seek relief from s practice or to institute criminal proceedings with respect thereto u receiving notice thereof, such charge shall be filed by or on behal the person aggrieved within three hundred days after the alle unlawful employment practice occurred, or within thirty days a receiving notice that the State or local agency has terminated proceedings under the State or local law, whichever is earlier, an copy of such charge shall be filed by the Commission with the St or local agency.

(f) (1) If within thirty days after a charge is filed with the Comm sion or within thirty days after expiration of any period of refere under subsection (c) or (d), the Commission has been unable to sec from the respondent a conciliation agreement acceptable to the Commissi the Commission may bring a civil action against any respondent no government, governmental agency, or political subdivision named in charge. In the case of a respondent which is a government, governmen agency, or political subdivision, if the Commission has been unable secure from the respondent a conciliation agreement acceptable_to Commission, the Commission shall take no further action and sh refer the case to the Attorney General who may bring a civil action agai such respondent in the appropriate United States district court. The pers or persons aggrieved shall have the right to intervene in a civil acti brought by the Commission or the Attorney General in a case involving government, governmental agency, or political subdivision. If a cha filed with the Commission pursuant to subsection (b) is dismissed by t Commission, or if within one hundred and eighty days from the filing such charge or the expiration of any period of reference under subsecti (c) or (d), whichever is later, the Commission has not filed a civil acti under this section or the Attorney General has notified a civil action in

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 subsections (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 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 title. 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 of the United States Code, 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 his absence, the acting chief judge) who shall then designate a di 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 section to assign the case for hearing at the earliest practicable date to cause the case to be in every way expedited. If such judge has scheduled the case for trial within one hundred and twenty days issue has been joined, that judge may appoint a master pursuant to 53 of the Federal Rules of Civil Procedure.

(g) If the court finds that the respondent has intentionally engage or is intentionally engaging in an unlawful employment practice cha in the complaint, the court may enjoin the respondent from engagin such unlawful employment practice, and order such affirmative actio may be appropriate, which may include, but is not limited to, reins ment or hiring of employees, with or without back pay (payable by employer, employment agency, or labor organization, as the case may responsible for the unlawful employment practice), or any other equit relief as the court deems appropriate. Back pay liability shall not ac from a date more than two years prior to the filing of a charge with Commission. Interim earnings or amounts earnable with reason diligence by the person or persons discriminated against shall operat reduce the back pay otherwise allowable. No order of the court s require the admission or reinstatement of an individual as a member union, or the hiring, reinstatement, or promotion of an individual as employee, or the payment to him of any back pay, if such individual refused admission, suspended, or expelled, or was refused employm or advancement or was suspended or discharged for any reason other th discrimination on account of race, color, religion, sex, or national ori or in violation of section 704(a).

(h) The provisions of the Act entitled "An Act to amend Judicial Code and to define and limit the jurisdiction of courts sitt in equity, and for other purposes," approved March 23, 1932 U.S.C. 101-115), shall not apply with respect to civil actions broug under this section.

(i) In any case in which an employer, employment agency, or lab organization fails to comply with an order of a court issued in a ci action brought under this section, the Commission may commen proceedings to compel compliance with such order.

(j) Any civil action brought under this section and any procee ings brought under subsection (i) shall be subject to appeal as pr vided in sections 1291 and 1292, title 28, United States Code.

(k) In any action or proceeding under this title the court, in discretion, may allow the prevailing party, other than the Commissi or the United States, a reasonable attorney's fee as part of the cost and the Commission and the United States shall be liable for cos the same as a private person.

SEC. 707. (a) Whenever the Attorney General has reasonab cause to believe that any person or group of persons is engaged in pattern or practice of resistance to the full enjoyment of any of th rights secured by this title, and that the pattern or practice is such a nature and is intended to deny the full exercise of the right herein described, the Attorney General may bring a civil action i the appropriate district court of the United States by filing-with it

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) 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 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) Effective two years after the date of enactment of the Equal Employment Opportunity Act of 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, United States Code, 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) 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