
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-8]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VI--EQUAL EMPLOYMENT OPPORTUNITIES
 
Sec. 2000e-8. Investigations


(a) Examination and copying of evidence related to unlawful employment 
        practices

    In connection with any investigation of a charge filed under section 
2000e-5 of this title, the Commission or its designated representative 
shall at all reasonable times have access to, for the purposes of 
examination, and the right to copy any evidence of any person being 
investigated or proceeded against that relates to unlawful employment 
practices covered by this subchapter and is relevant to the charge under 
investigation.

(b) Cooperation with State and local agencies administering State fair 
        employment practices laws; participation in and contribution to 
        research and other projects; utilization of services; payment in 
        advance or reimbursement; agreements and rescission of 
        agreements

    The Commission may cooperate with State and local agencies charged 
with the administration of State fair employment practices laws and, 
with the consent of such agencies, may, for the purpose of carrying out 
its functions and duties under this subchapter and within the limitation 
of funds appropriated specifically for such purpose, engage in and 
contribute to the cost of research and other projects of mutual interest 
undertaken by such agencies, and utilize the services of such agencies 
and their employees, and, notwithstanding any other provision of law, 
pay by advance or reimbursement such agencies and their employees for 
services rendered to assist the Commission in carrying out this 
subchapter. In furtherance of such cooperative efforts, the Commission 
may enter into written agreements with such State or local agencies and 
such agreements may include provisions under which the Commission shall 
refrain from processing a charge in any cases or class of cases 
specified in such agreements or under which the Commission shall relieve 
any person or class of persons in such State or locality from 
requirements imposed under this section. The Commission shall rescind 
any such agreement whenever it determines that the agreement no longer 
serves the interest of effective enforcement of this subchapter.

(c) Execution, retention, and preservation of records; reports to 
        Commission; training program records; appropriate relief from 
        regulation or order for undue hardship; procedure for exemption; 
        judicial action to compel compliance

    Every employer, employment agency, and labor organization subject to 
this subchapter shall (1) make and keep such records relevant to the 
determinations of whether unlawful employment practices have been or are 
being committed, (2) preserve such records for such periods, and (3) 
make such reports therefrom as the Commission shall prescribe by 
regulation or order, after public hearing, as reasonable, necessary, or 
appropriate for the enforcement of this subchapter or the regulations or 
orders thereunder. The Commission shall, by regulation, require each 
employer, labor organization, and joint labor-management committee 
subject to this subchapter which controls an apprenticeship or other 
training program to maintain such records as are reasonably necessary to 
carry out the purposes of this subchapter, including, but not limited 
to, a list of applicants who wish to participate in such program, 
including the chronological order in which applications were received, 
and to furnish to the Commission upon request, a detailed description of 
the manner in which persons are selected to participate in the 
apprenticeship or other training program. Any employer, employment 
agency, labor organization, or joint labor-management committee which 
believes that the application to it of any regulation or order issued 
under this section would result in undue hardship may apply to the 
Commission for an exemption from the application of such regulation or 
order, and, if such application for an exemption is denied, bring a 
civil action in the United States district court for the district where 
such records are kept. If the Commission or the court, as the case may 
be, finds that the application of the regulation or order to the 
employer, employment agency, or labor organization in question would 
impose an undue hardship, the Commission or the court, as the case may 
be, may grant appropriate relief. If any person required to comply with 
the provisions of this subsection fails or refuses to do so, the United 
States district court for the district in which such person is found, 
resides, or transacts business, shall, upon application of the 
Commission, or the Attorney General in a case involving a government, 
governmental agency or political subdivision, have jurisdiction to issue 
to such person an order requiring him to comply.

(d) Consultation and coordination between Commission and interested 
        State and Federal agencies in prescribing recordkeeping and 
        reporting requirements; availability of information furnished 
        pursuant to recordkeeping and reporting requirements; conditions 
        on availability

    In prescribing requirements pursuant to subsection (c) of this 
section, the Commission shall consult with other interested State and 
Federal agencies and shall endeavor to coordinate its requirements with 
those adopted by such agencies. The Commission shall furnish upon 
request and without cost to any State or local agency charged with the 
administration of a fair employment practice law information obtained 
pursuant to subsection (c) of this section from any employer, employment 
agency, labor organization, or joint labor-management committee subject 
to the jurisdiction of such agency. Such information shall be furnished 
on condition that it not be made public by the recipient agency prior to 
the institution of a proceeding under State or local law involving such 
information. If this condition is violated by a recipient agency, the 
Commission may decline to honor subsequent requests pursuant to this 
subsection.

(e) Prohibited disclosures; penalties

    It shall be unlawful for any officer or employee of the Commission 
to make public in any manner whatever any information obtained by the 
Commission pursuant to its authority under this section prior to the 
institution of any proceeding under this subchapter involving such 
information. Any officer or employee of the Commission who shall make 
public in any manner whatever any information in violation of this 
subsection shall be guilty, of a misdemeanor and upon conviction 
thereof, shall be fined not more than $1,000, or imprisoned not more 
than one year.

(Pub. L. 88-352, title VII, Sec. 709, July 2, 1964, 78 Stat. 262; Pub. 
L. 92-261, Sec. 6, Mar. 24, 1972, 86 Stat. 107.)


                               Amendments

    1972--Subsec. (b). Pub. L. 92-261 inserted provisions authorizing 
the Commission to engage in and contribute to the cost of research and 
other projects undertaken by State and local agencies and provisions 
authorizing the Commission to make advance payments to State and local 
agencies and their employees for services rendered to the Commission, 
and struck out provisions relating to agreements between the Commission 
and State and local agencies prohibiting private civil actions under 
section 2000e-5 of this title in specified cases.
    Subsec. (c). Pub. L. 92-261 struck out ``Except as provided in 
subsection (d) of this section,'' before ``every employer, employment 
agency, and labor organization subject to this subchapter shall (1)'', 
required the party seeking an exemption to bring an action in the 
district court only after the Commission denied the application for the 
exemption, and inserted provision which authorized the Commission, or 
the Attorney General in a case involving a government, etc., to apply 
for a court order compelling compliance with the recordkeeping and 
reporting obligations set out in this subsection.
    Subsec. (d). Pub. L. 92-261 substituted provisions requiring 
consultation and coordination between Federal and State agencies in 
prescribing recordkeeping and reporting requirements pursuant to subsec. 
(c) of this section, and authorizing the Commission to furnish 
information obtained pursuant to subsec. (c) of this section to 
interested State and local agencies, for provisions exempting from 
recordkeeping and reporting requirements employers, etc., required to 
keep records and make reports under State or local fair employment 
practice laws, except for the maintenance of notations by such 
employers, etc., which reflect the differences in coverage or 
enforcement between State or local laws and the provisions of this 
subchapter, and dispensing with recordkeeping and reporting requirements 
where the employer reports under some Executive Order prescribing fair 
employment practices for Government contractors or subcontractors.

                  Section Referred to in Other Sections

    This section is referred to in sections 2000e-9, 12117 of this 
title.
