42 U.S.C. § 2000e–6 — Civil actions by the Attorney General
submitted 62 years ago by Pub. L. 88-352 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 863 words · no verdicts yet
This section lets the Attorney General sue over a pattern or practice intended to deny rights under this subchapter. It sets court procedures and transfers these functions to the Commission after the stated period.
(a) If the Attorney General reasonably believes that a person* or group is engaged in a pattern or practice resisting full enjoyment of rights under this subchapter, and that the pattern or practice is intended to deny those rights, the Attorney General may file a civil complaint in the proper United States district court. The complaint must be signed by the Attorney General or Acting Attorney General, state* facts about the pattern or practice, and request necessary relief, including a permanent or temporary injunction, restraining order, or other order.
(b) United States district courts have jurisdiction. The Attorney General may ask the clerk for a three-judge court and must certify that the case is of general public importance. The clerk must immediately give the request and certificate to the circuit’s chief or presiding judge. That judge must immediately appoint three judges, including at least one circuit judge and one district judge from the court where the case began. Those judges must hear and decide the case and expedite it. A final judgment may be appealed to the Supreme Court. If the Attorney General does not request three judges, the district’s chief or acting chief judge must immediately assign a judge. If no district judge is available, that chief judge must certify the fact to the circuit’s chief or acting chief judge, who must assign a district or circuit judge. The assigned judge must hear the case as soon as practicable and expedite it.
(c) Two years after March 24, 1972, the Attorney General’s functions under this section transfer to the Commission, along with related personnel, property, records, and unspent or available funds, unless the President submits and neither House of Congress vetoes an inconsistent reorganization plan under chapter 9 of title 5. The Commission must perform the functions under subsections (d) and (e).
(d) When the transfer occurs, suits begun before the transfer continue without ending. Court orders and decrees remain effective. The Commission replaces the United States, the Attorney General, or the Acting Attorney General as the appropriate party.
(e) After March 24, 1972, the Commission may investigate and act on a charge of a pattern or practice of discrimination filed by or for a person claiming harm or by a Commission member. These actions must follow section 2000e–5.
Whenever the Attorney General has reasonable cause to believe that any person* or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this subchapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a 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.
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.
Effective two years after March 24, 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, inconsistent with the provisions of this subsection. The Commission shall carry out such functions in accordance with subsections (d) and (e) of this section.
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 court orders and decrees shall remain in effect, and the Commission shall be substituted as a party for the United States of America, the Attorney General, or the Acting Attorney General, as appropriate.
Subsequent to March 24, 1972, the Commission shall have authority to investigate and act on a charge of a pattern or practice of discrimination, whether filed by or on behalf of a person claiming to be aggrieved or by a member of the Commission. All such actions shall be conducted in accordance with the procedures set forth in section 2000e–5 of this title.
Source credit: (Pub. L. 88–352, title VII, § 707, July 2, 1964, 78 Stat. 261; Pub. L. 92–261, § 5, Mar. 24, 1972, 86 Stat. 107.)
- 1964Enacted · Pub. L. 88-352 · 78 Stat. 261
- 1972Amended · Pub. L. 92-261 · 86 Stat. 107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-352 on 1964-07-02.
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