Section 2000e-16, Employment by Federal Government
a) Discriminatory practices prohibited; employees or applicants
for employment subject to coverage
All personnel actions affecting employees or applicants for employment
(except with regard to aliens employed outside the limits of the United States)
in military departments as defined in section 102 of title 5, in executive
agencies as defined in section 105 of title 5 (including employees and
applicants for employment who are paid from nonappropriated funds), in the
United States Postal Service and the Postal Rate Commission, in those units of
the Government of the District of Columbia having positions in the competitive
service, and in those units of the legislative and judicial branches of the
Federal Government having positions in the competitive service, and in the
Library of Congress shall be made free from any discrimination based on race,
color, religion, sex, or national origin.
b) Equal Employment Opportunity Commission; enforcement powers;
issuance of rules, regulations, etc.; annual review and approval of national
and regional equal employment opportunity plans; review and evaluation of equal
employment opportunity programs and publication of progress reports;
consultations with interested parties; compliance with rules, regulations,
etc.; contents of national and regional equal employment opportunity plans;
authority of Librarian of Congress
Except as otherwise provided in this subsection, the Equal Employment
Opportunity Commission shall have authority to enforce the provisions of
subsection (a) of this section through appropriate remedies, including
reinstatement or hiring of employees with or without back pay, as will
effectuate the policies of this section, and shall issue such rules,
regulations, orders and instructions as it deems necessary and appropriate to
carry out its responsibilities under this section. The Equal Employment
Opportunity Commission shall -
(1) be responsible for the annual review and approval of a national and
regional equal employment opportunity plan which each department and agency and
each appropriate unit referred to in subsection (a) of this section shall
submit in order to maintain an affirmative program of equal employment
opportunity for all such employees and applicants for employment;
(2) be responsible for the review and evaluation of the operation of all
agency equal employment opportunity programs, periodically obtaining and
publishing (on at least a semiannual basis) progress reports from each such
department, agency, or unit; and
(3) consult with and solicit the recommendations of interested
individuals, groups, and organizations relating to equal employment
opportunity.
The head of each such department, agency, or unit shall comply with such
rules, regulations, orders, and instructions which shall include a provision
that an employee or applicant for employment shall be notified of any final
action taken on any complaint of discrimination filed by him thereunder. The
plan submitted by each department, agency, and unit shall include, but not be
limited to -
(1) provision for the establishment of training and education programs
designed to provide a maximum opportunity for employees to advance so as to
perform at their highest potential; and
(2) a description of the qualifications in terms of training and
experience relating to equal employment opportunity for the principal and
operating officials of each such department, agency, or unit responsible for
carrying out the equal employment opportunity program and of the allocation of
personnel and resources proposed by such department, agency, or unit to carry
out its equal employment opportunity program.
With respect to employment in the Library of Congress, authorities
granted in this subsection to the Equal Employment Opportunity Commission shall
be exercised by the Librarian of Congress.
(c) Civil action by employee or applicant for employment for
redress of grievances; time for bringing of action; head of department, agency,
or unit as defendant
Within 90 days of receipt of notice of final action taken by a
department, agency, or unit referred to in subsection (a) of this section, or
by the Equal Employment Opportunity Commission upon an appeal from a decision
or order of such department, agency, or unit on a complaint of discrimination
based on race, color, religion, sex or national origin, brought pursuant to
subsection (a) of this section, Executive Order 11478 or any succeeding
Executive orders, or after one hundred and eighty days from the filing of the
initial charge with the department, agency, or unit or with the Equal
Employment Opportunity Commission on appeal from a decision or order of such
department, agency, or unit until such time as final action may be taken by a
department, agency, or unit, an employee or applicant for employment, if
aggrieved by the final disposition of his complaint, or by the failure to take
final action on his complaint, may file a civil action as provided in section
2000e-5 of this title, in which civil action the head of the department,
agency, or unit, as appropriate, shall be the defendant.
(d) Section 2000e-5(f) through (k) of this title applicable to
civil actions
The provisions of section 2000e-5(f) through (k) of this title, as
applicable, shall govern civil actions brought hereunder, and the same interest
to compensate for delay in payment shall be available as in cases involving
nonpublic parties.. (FOOTNOTE 1) (FOOTNOTE 1) So in original.
(e) Government agency or official not relieved of responsibility
to assure nondiscrimination in employment or equal employment
opportunity
Nothing contained in this Act shall relieve any Government agency or
official of its or his primary responsibility to assure nondiscrimination in
employment as required by the Constitution and statutes or of its or his
responsibilities under Executive Order 11478 relating to equal employment
opportunity in the Federal Government.
REFERENCES IN TEXT
This Act, referred to in subsec. (e), means Pub. L. 88-352, July 2,
1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, which is
classified principally to subchapters II to IX of this chapter (Sec. 2000a et
seq.). For complete classification of this Act to the Code, see Short Title
note set out under section 2000a of this title and Tables. Executive Order
11478, as amended, referred to in subsecs. (c) and (e), is set out as a note
under section 2000e of this title.
AMENDMENTS
1991 - Subsec. (c). Pub. L. 102-166, Sec. 114(1), substituted `90 days`
for `thirty days'. Subsec. (d). Pub. L. 102-166, Sec. 114(2), inserted before
the period `, and the same interest to compensate for delay in payment shall be
available as in cases involving nonpublic parties.` 1980 - Subsec. (a). Pub. L.
96-191 struck out `(other than the General Accounting Office)` after `in
executive agencies`.
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as
otherwise provided, see section 402 of Pub. L. 102-166, set out as a note under
section 1981 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section 10(a) of
Pub. L. 96-191.
TRANSFER OF FUNCTIONS
`Equal Employment Opportunity Commission` substituted for `Civil Service
Commission` in subsecs. (b) and (c) pursuant to Reorg. Plan No. 1 of 1978, Sec.
3, 43 F.R. 19807, 92 Stat. 3781, set out as a note under section 2000e-4 of
this title, which transferred all equal opportunity in Federal employment
enforcement and related functions vested in Civil Service Commission by
subsecs. (b) and (c) of this section to Equal Employment Opportunity
Commission, with certain authority delegable to Director of Office of Personnel
Management, effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.
No. 12106, Dec. 28, 1978, 44 F.R. 1053, set out as a note under section 2000e-4
of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1981a, 2000e, 5057 of this
title; title 2 sections 60l, 1202; title 5 sections 2302, 7201, 7702, 7703;
title 22 sections 3905, 4131; title 29 section 794a.
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