
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-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VI--EQUAL EMPLOYMENT OPPORTUNITIES
 
Sec. 2000e-6. Civil actions by the Attorney General


(a) Complaint

    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.

(b) Jurisdiction; three-judge district court for cases of general public 
        importance: hearing, determination, expedition of action, review 
        by Supreme Court; single judge district court: hearing, 
        determination, expedition of action

    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) Transfer of functions, etc., to Commission; effective date; 
        prerequisite to transfer; execution of functions by Commission

    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.

(d) Transfer of functions, etc., not to affect suits commenced pursuant 
        to this section prior to date of transfer

    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.

(e) Investigation and action by Commission pursuant to filing of charge 
        of discrimination; procedure

    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.

(Pub. L. 88-352, title VII, Sec. 707, July 2, 1964, 78 Stat. 261; Pub. 
L. 92-261, Sec. 5, Mar. 24, 1972, 86 Stat. 107.)


                               Amendments

    1972--Subsecs. (c) to (e). Pub. L. 92-261 added subsecs. (c) to (e).

                          Transfer of Functions

    Any function of the Equal Employment Opportunity Commission 
concerning initiation of litigation with respect to State or local 
government, or political subdivisions under this section, and all 
necessary functions related thereto, including investigation, findings, 
notice and an opportunity to resolve the matter without contested 
litigation, were transferred to the Attorney General, to be exercised by 
him in accordance with procedures consistent with this subchapter, and 
with the Attorney General authorized to delegate any function under this 
section to any officer or employee of the Department of Justice, by 
Reorg. Plan No. 1 of 1978, Sec. 5, 43 F.R. 19807, 92 Stat. 3781, set out 
as a note under section 2000e-4 of this title.

  Ex. Ord. No. 12068. Transfer of Certain Functions to Attorney General

    Ex. Ord. No. 12068, June 30, 1978, 43 F.R. 28971, provided:
    By virtue of the authority vested in me as President of the United 
States by the Constitution and laws of the United States, including 
Section 9 of Reorganization Plan Number 1 of 1978 (43 FR 19807) [set out 
as a note under section 2000e-4 of this title], in order to clarify the 
Attorney General's authority to initiate public sector litigation under 
Section 707 of Title VII of the Civil Rights Act of 1964, as amended (42 
U.S.C. 2000e-6), it is ordered as follows:

       1-1. Section 707 Functions of the Attorney General

    1-101. Section 5 of Reorganization Plan Number 1 of 1978 (43 FR 
19807) [set out as a note under section 2000e-4 of this title] shall 
become effective on July 1, 1978.
    1-102. The functions transferred to the Attorney General by Section 
5 of Reorganization Plan Number 1 of 1978 [set out as a note under 
section 2000e-4 of this title] shall, consistent with Section 707 of 
Title VII of the Civil Rights Act of 1964, as amended [this section], be 
performed in accordance with Department of Justice procedures heretofore 
followed under Section 707.
                                                           Jimmy Carter.

                  Section Referred to in Other Sections

    This section is referred to in sections 2000e-4, 12117 of this 
title.
