42 U.S.C. § 2000e–5 — Enforcement provisions

(a) The Commission may act under this section to prevent any person^* from engaging in an unlawful employment practice described in section 2000e–2 or 2000e–3.

(b) A person claiming to be harmed, or a Commission member, may file a charge saying that an employer^*, employment agency^*, labor organization^*, or joint labor-management committee that controls apprenticeship or other training has committed an unlawful employment practice. The Commission must give the accused party, called the "respondent^*," notice within 10 days. The notice must include the date, place, and circumstances alleged. The Commission must investigate. A charge must be written, sworn or affirmed, and contain the information and format the Commission requires. The Commission may not make charges public. If the investigation does not provide reasonable cause to believe the charge is true, the Commission must dismiss it and promptly notify the person claiming harm and the respondent. The Commission must give substantial weight to final findings and orders from State^* or local proceedings under subsections (c) and (d). If the Commission finds reasonable cause, it must try to eliminate the alleged practice through an informal conference, conciliation, and persuasion. The Commission, its officers, and employees may not make anything said or done during those efforts public or use it as evidence in a later proceeding without written consent from the people concerned. A person who publicly discloses information in violation of this subsection may be fined up to $1,000, imprisoned up to 1 year, or both. The Commission must decide reasonable cause as promptly as possible and, when practicable, no later than 120 days after the charge is filed, or, when subsection (c) or (d) applies, after the date the Commission may act.

(c) If an alleged unlawful employment practice occurred in a State or political subdivision that has a State or local law prohibiting it and giving an authority power to grant or seek relief or start criminal proceedings after notice, the harmed person may not file a charge under subsection (a) until 60 days after State or local proceedings have begun, unless those proceedings ended sooner. During the first year after the State or local law takes effect, the 60 days becomes 120 days. If the State or local authority requires something to begin the proceeding other than a written, signed statement of facts, the proceeding is treated as begun when that statement is sent by registered mail to the proper authority.

(d) If a Commission member files a charge about a practice in a State or political subdivision with such a State or local law and authority, the Commission must notify the proper State or local officials before acting. At their request, the Commission must give them a reasonable time, at least 60 days, to act under State or local law. During the first year after that law takes effect, the period is 120 days. A shorter period may be requested.

(e)(1) A charge must usually be filed within 180 days after the alleged practice occurred. Notice, including the date, place, and circumstances, must be served on the accused person within the next 10 days. If the harmed person first began proceedings with a State or local agency that can grant or seek relief or start criminal proceedings after notice, the charge must be filed within 300 days after the practice occurred, or within 30 days after notice that the State or local proceeding ended, whichever comes first. The Commission must file a copy with the State or local agency.

(e)(2) For this section, an unlawful employment practice involving a seniority system adopted for an intentionally discriminatory purpose occurs when the system is adopted, when a person becomes subject to it, or when a harmed person is injured by applying the system or one of its provisions. This applies whether or not the discriminatory purpose is apparent from the text of the seniority provision.

(e)(3)(A) For this section, an unlawful employment practice involving discriminatory compensation occurs when the discriminatory compensation decision or other practice is adopted, when a person becomes subject to it, or when a person is affected by applying it. This includes each payment of wages, benefits, or other compensation resulting in whole or part from that decision or practice.

(e)(3)(B) In addition to relief authorized by section 1981a, liability may accrue and a harmed person may obtain relief under subsection (g)(1), including back pay for up to 2 years before the charge was filed, when practices^* within the charge-filing period are similar or related to compensation discrimination that occurred outside the filing period.

(f)(1) If, within 30 days after a charge is filed, or within 30 days after a reference period under subsection (c) or (d) ends, the Commission cannot obtain a conciliation agreement acceptable to it, it may bring a civil action against a respondent that is not a government, governmental agency, or political subdivision. For a government respondent, the Commission must stop acting and refer the case to the Attorney General, who may sue in the proper United States district court. The harmed person or persons may intervene in a Commission or Attorney General action involving a government respondent. If the Commission dismisses a charge, or if within 180 days after filing it or after the later end of a reference period the Commission has not sued, the Attorney General has not sued in a government case, and the Commission has not made a conciliation agreement to which the harmed person is a party, the Commission—or the Attorney General in a government case—must notify the harmed person. Within 90 days after that notice, a civil action may be brought against the named respondent by the person claiming harm, or, if a Commission member filed the charge, by anyone the charge says was harmed. On the complainant’s application, and when the court considers it just, the court may appoint an attorney and allow the action without paying fees, costs, or security. On a timely application, the court may allow the Commission, or the Attorney General in a government case, to intervene after certification that the case is of general public importance. On request, the court may stay proceedings for up to 60 days while State or local proceedings end or the Commission makes further efforts to obtain voluntary compliance.

(f)(2) When a charge is filed and the Commission’s preliminary investigation shows that prompt court action is needed to carry out this Act, the Commission—or the Attorney General in a government case—may seek appropriate temporary or preliminary relief until the charge is finally decided. A temporary restraining order or other preliminary or temporary order must follow rule 65 of the Federal Rules of Civil Procedure. A court with jurisdiction must set these cases for hearing at the earliest practicable date and expedite them in every way.

(f)(3) Every United States district court and every United States court of a place under United States jurisdiction has jurisdiction over actions under this subchapter. An action may be filed in the district where the practice allegedly occurred, where relevant employment records are kept and administered, or where the harmed person would have worked but for the alleged practice. If the respondent is not found in any of those districts, the action may be filed where the respondent has its principal office. For sections 1404 and 1406 of title 28, that principal-office district is always treated as a district where the action could have been brought.

(f)(4) The district’s chief judge, or acting chief judge, must immediately assign a judge in that district to hear and decide the case. If no judge there is available, the chief judge or acting chief judge must certify that fact to the circuit’s chief judge or acting chief judge, who must assign a district or circuit judge of the circuit.

(f)(5) The assigned judge must set the case for hearing at the earliest practicable date and expedite it in every way. If the judge has not set a trial within 120 days after the issues are joined, the judge may appoint a master under rule 53 of the Federal Rules of Civil Procedure.

(g)(1) If the court finds that the respondent intentionally committed or is intentionally committing the unlawful employment practice charged, it may prohibit the practice and order suitable affirmative action. This may include reinstating or hiring employees, with or without back pay paid by the responsible employer, employment agency, or labor organization, and any other equitable relief the court considers suitable. Back-pay liability may not cover a date more than 2 years before the charge was filed. Interim earnings, or amounts the discriminated person could have earned with reasonable effort, reduce the back pay otherwise allowed.

(g)(2)(A) A court order may not require admitting or reinstating someone to a union, hiring, reinstating, or promoting someone, or paying back pay if that person was refused union admission, suspended, expelled, refused employment or advancement, suspended, or discharged for a reason other than discrimination because of race, color, religion^*, sex, or national origin, or a violation of section 2000e–3(a).

(g)(2)(B) In a claim where a person proves a violation of section 2000e–2(m), but the respondent proves it would have taken the same action without the impermissible motivating factor, the court (i) may grant declaratory relief, injunctive relief except as described in clause (ii), and attorney’s fees and costs shown to be directly attributable only to pursuing the section 2000e–2(m) claim; and (ii) may not award damages or order union admission, reinstatement, hiring, promotion, or payment described in subparagraph (A).

(h) Chapter 6 of title 29 does not apply to civil actions brought under this section.

(i) If an employer, employment agency, or labor organization does not comply with a court order issued in an action under this section, the Commission may begin proceedings to compel compliance.

(j) Civil actions under this section and proceedings under subsection (i) may be appealed as provided in sections 1291 and 1292 of title 28.

(k) In an action or proceeding under this subchapter, the court may, in its discretion, award the prevailing party—other than the Commission or the United States—a reasonable attorney’s fee, including expert fees, as part of costs. The Commission and the United States are liable for costs in the same way as a private person.