
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2000e-12]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VI--EQUAL EMPLOYMENT OPPORTUNITIES
 
Sec. 2000e-12. Regulations; conformity of regulations with 
        administrative procedure provisions; reliance on interpretations 
        and instructions of Commission
        
    (a) The Commission shall have authority from time to time to issue, 
amend, or rescind suitable procedural regulations to carry out the 
provisions of this subchapter. Regulations issued under this section 
shall be in conformity with the standards and limitations of subchapter 
II of chapter 5 of title 5.
    (b) In any action or proceeding based on any alleged unlawful 
employment practice, no person shall be subject to any liability or 
punishment for or on account of (1) the commission by such person of an 
unlawful employment practice if he pleads and proves that the act or 
omission complained of was in good faith, in conformity with, and in 
reliance on any written interpretation or opinion of the Commission, or 
(2) the failure of such person to publish and file any information 
required by any provision of this subchapter if he pleads and proves 
that he failed to publish and file such information in good faith, in 
conformity with the instructions of the Commission issued under this 
subchapter regarding the filing of such information. Such a defense, if 
established, shall be a bar to the action or proceeding, notwithstanding 
that (A) after such act or omission, such interpretation or opinion is 
modified or rescinded or is determined by judicial authority to be 
invalid or of no legal effect, or (B) after publishing or filing the 
description and annual reports, such publication or filing is determined 
by judicial authority not to be in conformity with the requirements of 
this subchapter.

(Pub. L. 88-352, title VII, Sec. 713, July 2, 1964, 78 Stat. 265.)

                          Codification

    In subsec. (a), ``subchapter II of chapter 5 of title 5'' 
substituted for ``the Administrative Procedure Act'' on authority of 
Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first 
section of which enacted Title 5, Government Organization and Employees.


                            Religious Liberty

    Pub. L. 103-317, title VI, Sec. 610, Aug. 26, 1994, 108 Stat. 1774, 
provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) the liberties protected by our Constitution include 
    religious liberty protected by the first amendment;
        ``(2) citizens of the United States profess the beliefs of 
    almost every conceivable religion;
        ``(3) Congress has historically protected religious expression 
    even from governmental action not intended to be hostile to 
    religion;
        ``(4) the Supreme Court has written that `the free exercise of 
    religion means, first and foremost, the right to believe and profess 
    whatever religious doctrine one desires';
        ``(5) the Supreme Court has firmly settled that under our 
    Constitution the public expression of ideas may not be prohibited 
    merely because the content of the ideas is offensive to some;
        ``(6) Congress enacted the Religious Freedom Restoration Act of 
    1993 [42 U.S.C. 2000bb et seq.] to restate and make clear again our 
    intent and position that religious liberty is and should forever be 
    granted protection from unwarranted and unjustified government 
    intrusions and burdens;
        ``(7) the Equal Employment Opportunity Commission has written 
    proposed guidelines to title VII of the Civil Rights Act of 1964 [42 
    U.S.C. 2000e et seq.], published in the Federal Register on October 
    1, 1993, that expand the definition of religious harassment beyond 
    established legal standards set forth by the Supreme Court, and that 
    may result in the infringement of religious liberty;
        ``(8) such guidelines do not appropriately resolve issues 
    related to religious liberty and religious expression in the 
    workplace;
        ``(9) properly drawn guidelines for the determination of 
    religious harassment should provide appropriate guidance to 
    employers and employees and assist in the continued preservation of 
    religious liberty as guaranteed by the first amendment;
        ``(10) the Commission states in its proposed guidelines that it 
    retains wholly separate guidelines for the determination of sexual 
    harassment because the Commission believes that sexual harassment 
    raises issues about human interaction that are to some extent 
    unique; and
        ``(11) the subject of religious harassment also raises issues 
    about human interaction that are to some extent unique in comparison 
    to other harassment.
    ``(b) Category of Religious Harassment in Proposed Guidelines.--For 
purposes of issuing final regulations under title VII of the Civil 
Rights Act of 1964 [42 U.S.C. 2000e et seq.] in connection with the 
proposed guidelines published by the Equal Employment Opportunity 
Commission on October 1, 1993 (58 Fed. Reg. 51266), the Chairperson of 
the Equal Employment Opportunity Commission shall ensure that--
        ``(1) the category of religion shall be withdrawn from the 
    proposed guidelines at this time;
        ``(2) any new guidelines for the determination of religious 
    harassment shall be drafted so as to make explicitly clear that 
    symbols or expressions of religious belief consistent with the first 
    amendment and the Religious Freedom Restoration Act of 1993 [42 
    U.S.C. 2000bb et seq.] are not to be restricted and do not 
    constitute proof of harassment;
        ``(3) the Commission shall hold public hearings on such new 
    proposed guidelines; and
        ``(4) the Commission shall receive additional public comment 
    before issuing similar new regulations.''
