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Jesus Piece: Chapter 1: Temptation and Sin

on Mon, 11/19/2012 - 22:11
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Levan Kvanchakhadze's picture

the game  is my idol like his songs ... hey  I'm young rapper from Republic of Georgia ... Hip - Hop is too low here and i'm trying to do my best pls listen to my music and write your oppinion hope yall like it because i'm working everyday and trying to make a good sound ...  THX and sorry for spam P.S thumb up pls 

 

Levan Kvanchakhadze's picture

the game  is my idol like his songs ... hey  I'm young rapper from Republic of Georgia ... Hip - Hop is too low here and i'm trying to do my best pls listen to my music and write your oppinion hope yall like it because i'm working everyday and trying to make a good sound ...  THX and sorry for spam P.S thumb up pls 

 

Delance1000's picture

Hip-Hop everybody look I appreciate ya'll reading my letter's and everything!The wiretap order Internet wire/electronic communcation wiretap order proves i wasn't telling no lies !Plus,If you,Rick Ross, T.I.,Jay-Z,Ace Hood,and more look at the document's, victim's and witnesses statement's,and more somebody lying to ya'll!Macon georgia forgot about the wiretap order I put on myself!Obstruction of free exercise of religion beliefs is a civil right's federal crime,United States Constitution first amendment protects a person freedom of speech-press-religion-peaceably assembly-right address the government,human right's, and more does too Hip-Hop didn't ever ever influence me to sang my pant's,or robb a bank,or anything negative!While Macon georgia judge',law enforcement,governmentala egncy's, prosecuting attorney's talk about ya'll money or ya'll not helping ya'll should be proud of ya'll selves thanks to the wiretap order and them being able to read it on ya'll websites what's there excuse going to be for deprivation of rights under color of law,genocide,treason,and more!

Delance1000's picture

Macon Georgia Police Department and Department of Family and Children Services(mandated by city-state-federal) made false statement’s,Failure to child abuse federal crimes,Duty to report suspected child abuse federal crimes,child abuse federal crimes,violation of civil right’s federal crimes,violation of United States Constitutional Right’s city-state-federal crimes,perjury,violation of child victims and child witnesses rights and immunities,Aggravated Assualt/Assualt (and more to Virginia Harris United States Veteran Alex Harris Jr. and Mrs.Mattie Lee Gibson Harris),Involuntary Servitude,Terrorism,Newly Discovered Evidence for 1965 first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr.,Fugitives from Justice,Aiding and Abetting,Conspirator’s,Failure to investigate,Deprivation of rights under color of law civil rights federal crime violation,Criminal Defamation,and more committed to me at the age 13 years old in 1996!macon Georgia Entire Bibb County Government Directory(Except Me,Barack Obama,Bill Clinton,Abraham Lincoln,.J.F.K.Jr.,and Me and Barack Obama and our Administration) and more fugitives from justice,aiding and abetting,and more look at the Macon Georgia Police Department June 1996 Incident report involving Virginia Harris they completely left out of it and I was the child at the time!No sperm Donor's,No In Law's(Except United States veteran Alex Harris Jr. sibling's),Virginia Harris-Tammy Calhoun-Diontae.A.Hill so called friend's and more,and more everything not Me,My family /Extended family and Olgethrope Community Victim's and witnesses!R.I.P.to my /our momma By Jesus is LORD Great Great Grandma Mrs.Mattie Mckenzie Gisbon .a.k.a.Mudear .a.k.a.Momma .a.k.a.Grandma !Can't nobody destroy the incident report's,wiretap order information 2005-2013,and more!How's  

Delance1000's picture

While Macon Georgia continues to violate my united states constitution first

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 

They thought they had Def Jam Records,Grandhustle Entertainment Record's, Big Gates Record's, Blackwall Street Records,Hip-Hop working with them and their illegal wiretap order!I can e-mail National Whistleblower and more!They just love retalitating victims and witnesses and more on wiretap order!The Law Enforcement,Governmental Agency's,Prosecuting Attorney's, and Governmental Agency's said they can't see the U.S.Supreme Court and COngress gives wiretap order for federal felony crimes reported such as kidnaping state/federal,murder state/federal,and more!

Delance1000's picture

The Game looking at your future wife referring to your children mother !The LORD thy GOD  sent you blessing which I know you thankful for!Show it too her more!Club call everybody party and text!I don't spam !

Delance1000's picture

26 Aug 11

MaconGa.judge's,law enforcement,prosecuting attorney,governmental agency,and more still kidnapping and more they found The Game in L.A.! 

 Illegal wiretap order violating my/our  privacy and eavesdropping leaves  Macon Georgia/City-State/Georgia-National Judge's,Law Enforcement's,Governmental Agency's,and prosecuting Attorney's fugitives from justice,aiding and abetting,retalitation against victim's and witnesses ,Genocide,Terrorism,Bribery,Treason,violation of Human Right's,Violation of Civil Right's,Violation of United States Constitutional Right's,Obstruction of free exercise of religion beliefs including kidnaping for ransom civil right's violation federal crimes,and more!I posted it cause its true look at the false statement's and evidence !(smiling and laughing!!!!)Russell Simmon's don't be working with the NAACP and Black Organization's President's and Member's look at the poor-middle class they just been doing for publicityonly!Me,My Family/Extended Family and Olgethrope Community Victim's and witnesses throughout United States of America and Hip-Hop ,Hollywood,and more know too!I'm a gay meaning happy in dictionary,celibate ,and heterosexual here in maconga.keeping God first studying for SAT's,ACT's,LSAT's,and more test's for college a GED isn't going to get me into Harvard Law College!(smiling and laughing!!!)I'm a marry Raquel Roxanne Diaz she's a LORD fearing woman you one and I need my own since I can't have your's or T.I.'s or Plies or Jay-Z's or more!macon ga.don't have no LORD fearing woman only whores !Can't turn no whore into house wife the word of God said so and Hip-Hop said so and I know it too  be true!(smiling and laughing!!!!)They failed to question victim's and witnesses pertaining to 2005-2013 wiretap order automatically violating their oath of office here in MAco Ga.-State of Georgia-and more!Macon Ga.mayor Robert Reicehert,Georgia Governor Nathan Deal,Macon Ga.law enforcement-governmental aegncy's-prosecuting attorney's-judge's-macon ga.police department-bibb county sheriff department-FBI-GBI-united states sercret services fighting against United States Constitution and Georgia Constitution and more adding up to Terrorism,Treason,and More lying on Me and President Commander in Cheif Barck Obama!Don't reading crimes website qualify for immediate knowledge of a crimes as well as reporting it!

Anderson Mars's picture

Yo Game I'm a big fan of you homie.You In my top 5 dead or alive, But im really hitting you to get down with The Firm Biz. My stage name is Anderson Mars or just Mars, I'm 25 and from Houston. I got material the business needs to hear right now. Im not expecting you or no man to just blow me up overnight. I'm reaching out because you the artist im want to be signed to, if i had the choice hands down. Im a free agent plus i noticed that you dont have any star players. I know i can be that artist for you. I got music on my soundcloud.com/amgm or reverbnation.com/amgm. Or i can even email you something. I got material for days. Im tryna help you, help me change my life.

 

Anderson Mars's picture

allmoneygoodmoney@gmail.com

Anderson Mars's picture

allmoneygoodmoney@gmail.com

Anderson Mars's picture

allmoneygoodmoney@gmail.com

Delance1000's picture

I can see you love the woman as yourself meaning one and one!Would you ever ever hurt or negelect yourself ?No!When the wedding!

Exodus 23:23-30

New King James Version (NKJV)

23 For My Angel will go before you and bring you in to the Amorites and the Hittites and the Perizzites and the Canaanites and the Hivites and the Jebusites; and I will cut them off. 24 You shall not bow down to their gods, nor serve them, nor do according to their works; but you shall utterly overthrow them and completely break down their sacred pillars.

25 “So you shall serve the Lord your God, and He will bless your bread and your water. And I will take sickness away from the midst of you. 26 No one shall suffer miscarriage or be barren in your land; I will fulfill the number of your days.

27 “I will send My fear before you, I will cause confusion among all the people to whom you come, and will make all your enemies turn their backs to you. 28 And I will send hornets before you, which shall drive out the Hivite, the Canaanite, and the Hittite from before you. 29 I will not drive them out from before you in one year, lest the land become desolate and the beasts of the field become too numerous for you. 30 Little by little I will drive them out from before you, until you have increased, and you inherit the land.

MaconGeorgia mayor,governor,local government,emergency response provider,critical infastructure,appropriate congressional committee,law enforcement,governmental agency's, prosecuting attorney's,judge's,informant's/general public(execpt Me-My family/extended family and Olgethrope Community Neigbor's),and ya'll administartion's,Intern's,partner and Stakeholder's,employee's,staff and faculty,NAACP and Black Organization's President's and Memebr's ,and more how doing feeling getting ya'll stupid asses beat down by the LORD thy God trying to destroy Him and stuff!(smiling and laughing!!!)

To My Hip-Hop brother's and sister's by my/our momma by Jesus is LORD Great Great Grandma Mrs.Mattie Mckenzie Gibson .a.k.a.Mudear .a.k.a.Momma .a.k.a.Grandma and our heavenly the LORD thy GOD ya'll should start ya'll own Non-Profit Organization!The NAACP and Black Organization's President's and Member's are involved in violating innocent people Civil Right's federal crime's, Child Abuse federal crime,violation of Privacy and Eavesdropping federal crime,Involuntary Servitude federal crime,Obstruction of free exercise of religion beliefs including civil right's violation federal crimes which ya'll witnesses too 2005-2013 Internet Wiretap /Electronic Communication Wiretap Order,Conspirator's/Aiding and Abetting/to the 1965 first degree murder (and more) of United States Veteran Alex Harris Jr. at Transco Plant railroad,and more!!!!The Executive Branch President Commander in Cheif Barack Obama and I already know money can't buy justice ,but Macon Ga.and more don't know it.

How is Atlanta Georgia FBI doing using 2007-2008 Grandhustle Entertainment Forumroom Heatherb and I information along with Mercer College and their partner and stakeholder's Macon georgia critical infastructure and macon georgia indigent defense and their Intern's and Partner and Stakeholder's!Before it was Internet wiretap order!It was resident's,telephone,and more wire communication wiretap order on me and mines along with human to human .a.k.a.undercover's and informant's oral communication wiretap order!Now both are illegal violation of me and mines privacy and eavesdropping so why they kidnapping(and more ) me and mines!It's on wiretap order!Macon Georgia city-state-federal court judge's,prosecuting attorney's,governmental agency's,FBI,GBI,United States Secret Services,Macon Georgia Police Department,Bibb County Sheriff Department,law enforcement's,and their administration's-employee's-staff and faculty-informant's-partner and stakeholder's-intern's-mayor-governor-and more ya'll still choose to Kidanap (and more) 2005-2013 putting it wiretap order federal felony crimes its a plus !I'm the victim's me and mines !Ya'll the criminal's!How much wood to the fire ya'll gonna add for 1965 first degree murder(and more)of u.s.veteran Alex Harris jr. at transco Plant railroad!

!Every since 1996 Child abuse is a federal crime Macon Ga.The Department of family and children Services(mandated by city-state-federal court's),Macon Georgia Police Department,and more been fugitives from justice federal,Conspirator's/aiding and abetting/1965 first degree murder(and more)of United States Veteran Alex Harris Jr.at Transco Plant Railroad.Virginia Harris U.S.Veteran Alex Harris Jr. is the 1996 victim they illegally arrested-sentenced -and convicted and used the black people exploit her,committ involuntary servitude,violation of privacy and eavesdropping,and more!T.I.already received the paper work Bibb County Sheriff Department,Macon Georgia Mayor Robert Reichert!U.S.Attorney General Eric Holder United States Department of Justice Civil Rights Division already received the paper work!the wiretap order on criminal's!I'm over protecteive of my family and neighbor !I got it from obeying the LORD thy God!

1 Timothy 6:17-19

New King James Version (NKJV)

Instructions to the Rich

17 Command those who are rich in this present age not to be haughty, nor to trust in uncertain riches but in the living God, who gives us richly all things to enjoy. 18 Let them do good, that they be rich in good works, ready to give, willing to share, 19 storing up for themselves a good foundation for the time to come, that they may lay hold on eternal life.

Title 42 Usc 13031 the term “child abuse” means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a childTitle 18 1091 Genocide causes serious bodily injury to members of that groupTitle 18 1091 Genocide subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;Title 18 1091 Genocide Attempt and Conspiracy.— Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense. (e) Jurisdiction.— There is jurisdiction over the offenses described in subsections (a), (c), and (d) if— (1) the offense is committed in whole or in part within the United States;I'm just saying !My seizures is child abuse and genocide and more in 1999 put it with my grandfather 1965 murder!

 

Delance1000's picture

Involuntary Servitude is a federal crime for starter’s!(smiling!!!)The Macon Police Department,Transco Plant Railroad,R.E.Pearson nightwatchman ,and more more all committed perjury and more on Sept.2,1965 in Bibb County Superior Court relating to the first degree murder (and more) of United States Veteran Alex Harris Jr. !My Great Grandfather United States Veteran Alex Harris Sr.,Great Uncle United States Veteran Welton Harris , and Great Uncle United States Floyd Harris were present on Sept 2.1965 in Bibb County Superior Court to hear and see them lie!1996 Macon Georgia Police Department,The Department of Family and Children Services(mandated by city-state-federal),unknown black female social worker,and violation Duty to report suspected child abuse USC Title 42 13031 and more ! In Feb 2004 Bibb County Superior Court Issued Order to return to Probation and May 2005 Bibb County Superior Court issued a Order to report to probation both signed by the same Bibb County Superior Court Judge Tommy Day Wilcox adding to up to Kidnapping(and more) of Alex Delance Antwain Harris United States Veteran Alex Harris Jr.grandson!Enough to re-open his murder case back in 1996!(smiling and laughing!!!!) 1. Proverbs 20:18 New King James Version (NKJV) 18 Plans are established by counsel; By wise counsel wage war. 2. Proverbs 21:30-31 New King James Version (NKJV) 30 There is no wisdom or understanding Or counsel against the LORD. 31 The horse is prepared for the day of battle, But deliverance is of the LORD. 3. Proverbs 24:6 New King James Version (NKJV) 6 For by wise counsel you will wage your own war, And in a multitude of counselors there is safety.

Jay Moore's picture

I don't know how to tell you bro but I have a 6th sence when it comes to women and I don't see nothing good comming from your relationship bro. She is older, and seem to be a bit bitter as if she has something held over your head. It's like you have to do what she wants or else kind of thing. I grew up without my real family too, so I know and respect where your comming from, but I realy think you should leave her alone before she creates long term mental, and emotinal damage in your life. I know you don't know me B, but this is something you should be thinking about.

Delance1000's picture

Macon Ga.FBI,GBI,United States District federal Courthouse, and other's still aiding and abetting,fugitives from justice,conspirator's, and more to the 2005 Bibb County Superior Court Judge's,probation officer's, prosecuting attorney's ,and more Kidnaping me for ransom,Imprisonment for debt,violation of my united states constitutional right's, violation of my civil right's, violation of oath of oath,double jeapordy,conspirator's/aiding and abetting/and more to the 1965 first degree murderand more of united states veteran Alex Harris jr.at Transco Plant railroad,Aiding and abetting/conspirator's/and more 1996-2001 Duty to report suspected child abuse-failure to report child abuse-child abuse physically abusing a minor under the age of 18 years old -Genocide-and more to Alex Delance Antwain Harris committed by The Department of Family and Children Services-Macon Ga.Police Deaprtment-County Sheriff Department-FBI-GBI-Judge's-Prosecuting Attorney's-and more!They running around here Kidnaping for ransom,Genocide, and more to Me,My Family/Extended family and Olgethrope Community Victim's and witnesses 1965-2013!The FBI locked up T.I.,Micheal Vick,Lil'Wayne,and more !What's wrong !The Judge's,prosecuting Attorney's, FBI,GBI,bibb county sheriff department,macon Ga.police department operate the wiretap order The crimes involving them conspirator's,party to crime,fugitives from justice,aiding and abetting, and more to the crimes! 

Delance1000's picture

Macon georgia Judge’s can’t approve no wiretap order on me!Violation of Privacy and Eavesdropping is a fedreal crime UNited States Middle District Fderal Court participating as usual committing,aiding and abetting,fugitives from justice,and more!


 I can admit when I was under age 18 year’s old the Macon Georgia Department of Family and Children Services(mandated by city-state-and federal court’s),my sperm donor,Macon georgia The Department of Family and Children Services director Ms.Blue,and more did nothing about the 1996 crime’s committed to me at age 13 year’s old, 1999 crimes committed to me at age 16 yaer’s old, and 2000 crime’s committed to me at age 17 year’s old! I wouldn’t have listed my mentally ill. birthmother Virginia Harris the daughter of United States Veteran Alex Harris Jr. and Mrs.Mattie Lee Gibson Harris can’t since she’s a victim to the crime’s!United States Middle Federal Coourthouse and their anti-christ fugitives from justice crew started out aiding and abetting/conspirator’s/and more to the 1965 first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr. at Transco Plant Railroad(merged into Florida Railroad,Georgia Southern Railroad, and Norfolk Southern Railroad part of Macon Georgia Business Community currently)!I’m 30 year’s old today! Macon Georgia Judge’s,Prosecuting Attorney’s, Governmental Agency’s, Law Enforcement, Bibb County Sheriff Department,FBI,GBI,macon Georgia Police Department,and more ya’ll still haven’t prove ya’ll had no immeditate kowledge of the crime’s reported on the Internet Press and Wire/Electronic Communication Wiretap Order  2005-2013 before  being posted on the Internet!United States Middle District fedreal Courthouse Judge’s,Prosecuting Attorney’s,FBI,GBI,Governmental Agency’s, and more still got to prove  they aiding and abetting and more macon Ga.Bibb County Courthouse Superior Court Judge’s, Prosecuting Attorney’s, Probation Officer’s, and more on Kidnaping me for ransom and more 2005!They’re already aiding and abetting /conspirator’s/and more to 1996-2001 Duty to report suspected child abuse federal crime,failure to investigate,child abuse physically abusing a minor under age 18 years old federal crime,Failure to report Child abuse federal Abuse,Perjury,False Statement’s,Involuntary Servitude federal Crime,Genocide federal Crime,Fugitives From Justice  No statute of Limitation to prosecute federal Crime,bribery federal Crime,Deprivation of Rights under color of law civil right’s federal crime,federally protected Activities Civil Right’s Federal Crime,Violation of Civil Right’s federal crime,Violation of victim’s and witnesses Right’s and Immunities including child victim’s and child witnesses right’s and immunities,and more.


Amendment VI United States Constitution


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


Amendment V United States Constitution


[ This is the text of the Fifth Amendment. For an explanatory article, see our Wex page]


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment VIII United States Constitution


Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Paragraph XXIII. Imprisonment for debt. There shall be no imprisonment for debt. Georgia Constitution


 


Deuteronomy 27:19

New King James Version (NKJV)


19 ‘Cursed is the one who perverts the justice due the stranger, the fatherless, and widow.’


“And all the people shall say, ‘Amen!’


Matthew 23:23

New King James Version (NKJV)


23 “Woe to you, scribes and Pharisees, hypocrites! For you pay tithe of mint and anise and cummin, and have neglected the weightier matters of the law: justice and mercy and faith. These you ought to have done, without leaving the others undone.


2 Corinthians 6:14-18

New King James Version (NKJV)


14 Do not be unequally yoked together with unbelievers. For what fellowship has righteousness with lawlessness? And what communion has light with darkness? 15 And what accord has Christ with Belial? Or what part has a believer with an unbeliever? 16 And what agreement has the temple of God with idols? For youa]'>[a]are the temple of the living God. As God has said:


“I will dwell in them
And walk among them.
I will be their God,
And they shall be My people.”b]'>[b]


17 Therefore


“Come out from among them
And be separate, says the Lord.
Do not touch what is unclean,
And I will receive you.”c]'>[c]
18 “I will be a Father to you,
And you shall be My sons and daughters,
Says the LordAlmighty.”d]'>[d] 

Delance1000's picture

Hebrews 13:1-6

New King James Version (NKJV)

Concluding Moral Directions

13 Let brotherly love continue. 2 Do not forget to entertain strangers, for by so doing some have unwittingly entertained angels. 3 Remember the prisoners as if chained with them—those who are mistreated—since you yourselves are in the body also.

4 Marriage is honorable among all, and the bed undefiled; but fornicators and adulterers God will judge.

5 Let your conduct be without covetousness; be content with such things as you have. For He Himself has said, “I will never leave you nor forsake you.”a]'>[a] 6 So we may boldly say:

“The Lordis my helper;
I will not fear.
What can man do to me?”b]'>[

 

I was assualted yesterday by a Macon Ga.oral communication wiretap order .a.k.a.Informant’s and Undercover’s!I reported the crime to Macon Ga.Police Dept.off of Pio Nono Ave.right down the street from Kroger’s!Everyday who operate Macon Georgia Wiretap Order referring to Judge’s (have to approve wiretap order,who can’t aiding and abetting Bibb County Courthouse judge’s and more on Kindapping me for ransom and more in 2005 in Bibb County Superior Court),Law Enforcement,Bibb County Sheriff Department(who made the false statement and more in the 2000 kidnaping for ransomand more),Macon Georgia Police Department(who participated/aided and abetted/and more in 1965 first degree murder and more of my late grandfather United States Veteran Alex Harris Jr.,1996-1999 participated/committed/aided and abetted/conspirator’s/and more to Child Abuse[physically abusing me under the age of 18 years old] –failure to report child abuse-perjury-duty to report suspected child abuse-Involuntary Servitude-Kidnaping me for ransom-illegally exclusion of evidence-and more ,FBI(who been notified since by telephone about the 1996 until 2005 the crime was reported reported due to their failure to investigate referring to come to the victim’s and witnesses),GBI( been getting nothified by telephone every since the 1996 incident),United States Secret Services ( been getting notified by the telephone),Governmental Agency’s,Prosecuting Attorney’s(In person to report the crimes to Macon Georgia District Attorney’s and Federal Prosecuting Attorney’s ),and more they ‘re the ones who make the arrest’s,convict and sentences criminal’s for the law ,but in this case they’re committing the crime’s ranging from Genocide,Kidnaping for ransom,Treason,Involuntary Servitude, Criminal Defamation,Bribery,Deprivation of rights under color of law,violation of federal protected activities,aiding and abetting,violation of privacy and eavesdropping,Obstruction of free exercise of religion beliefs including kidnapping for ransom,deprivation of relief benefit’s, violation of privacy and eavesdropping, and more to member’s of me, my family/extended family and Olgethrope Community Victim’s and witnesses starting in 1965 with the first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr. at Transco Plant Railroad (USC Title 18 1091 A-1 murder members of the group)!Now since my sister Mrs.Mattie Lee Gibson Harris passing in 2009 those who operate Macon Ga. Wiretap Order including their mayor along with their NAACP and Black Organization’s President’s and Member’s now want to be our people all of a sudden!They over looking Hurricane Katrina CNN-BET-and other’s websites Press and Internet Wiretap Order where I kicked off withreporting the 2005 crimes arrest,convict,and sentence of me and I wasn’t on Probation!When you hold a person against their will illegally no matter who you it’s kidnapping and then when ask for money for their release it’s ransom!Local Government,Emergency Response Provider’s, Critical Infastructure, Appropriate Congressional Committee,Judicial Branch,Legislaure ,and more can prove Macon Ga.Entire Bibb County Government Directory(Except Me ,Barack Obama,Bill Clinton,.J.F.K.Jr.,Abraham Lincoln,Me and Barack Obama and our administration) and their Intern’s,Partner and Stakeholder’s, administration’s, staff and faculty’s, employee’s,executive board member’s,director’s,business community,first responder’s,media/press/radio and news station’s(Fox24 News ,92.3,97.9,107.1,13WMAZ,BET,Oprah Winfrey,CNN,and more who been violating my United States Constitution first and six amendment right since 1996 particpating-conspirator’s-aiding and abetting-fugitives from justice-and more currently sending conspiracies-attempts-solicitationto network’s as ususal menattlly abusing themselves committing genocide to themselves and those who operate Macon Ga.wiretap order and more),Volunteer Groups,General Public (Except Me,My Family/Extended Family and Olgethrope Community victim’s and witnesses),The Department of Family and Children Services, Transco Plant Railroad still part of macon ga.business communitymerged into Florida Railroad-Georgia Southern railroad-and Norfolk Southern railroad,and more committing Genocide ,Kidnaping for ransom,Murder,Violation of privacy and eavesdropping,Involuntary Servitude ,and more to Me ,My family/Extended family and Olgethrope Community Victim’s and Witnesses since 1965 and presently!Instead of those who operate Macon Georgia Wiretap Order slandering,threatening-stalking-harassment communication –domestic violence,retalitation against victim’s and witnesses,Breach of Peace(Macon ga.senator’s and congress here in Macon Georgia been violated their oath of office since they been getting notified in person since 1996 just like Macon georgia mayor),and more saying I’m on the Internet Press and Wire/Electronic Communication Wiretap Order lying talking about I’m hanging around people with money!They can talk about aiding and abetting,violation of privacy and eavesdropping,genocide,violation of oath of office,false statement’s,child abuse,perjury,conspiracies-attempts-solicitation’s,retalitation against victim’s and witnesses,involuntary servitude,and more!

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

18 USC § 1091 - Genocide

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;

 

(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

(4)subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

 

(5)imposes measures intended to prevent births within the group; or

 

(6)transfers by force children of the group to another group;

 

shall be punished as provided in subsection (b).

 

(b) Punishment for Basic Offense.— The punishment for an offense under subsection (a) is—

 

(1)in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

 

(2)a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

 

(c) Incitement Offense.— Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

 

(d) Attempt and Conspiracy.— Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

 

(e) Jurisdiction.— There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—

 

(1)the offense is committed in whole or in part within the United States; or

 

(2)regardless of where the offense is committed, the alleged offender is—

 

(A)a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(B)an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(C)a stateless person whose habitual residence is in the United States; or

 

(D)present in the United States.

 

(f) Nonapplicability of Certain Limitations.— Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

 

18 USC § 2518 - Procedure for interception of wire, oral, or electronic communications

 

  • US Code

 

  • Notes

 

  • Updates

 

  • Authorities (CFR)

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(1)Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:

 

(a)the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;

 

(b)a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including

 

(i)details as to the particular offense that has been, is being, or is about to be committed,

 

(ii)except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted,

 

(iii)a particular description of the type of communications sought to be intercepted,

 

(iv)the identity of the person, if known, committing the offense and whose communications are to be intercepted;

 

(c)a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

 

(e)a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and

 

(f)where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

 

(2)The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

 

(3)Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that—

 

(a)there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;

 

(b)there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;

 

(c)normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.

 

(4)Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify—

 

(a)the identity of the person, if known, whose communications are to be intercepted;

 

(b)the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

 

(c)a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

 

(d)the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

 

(e)the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

 

An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.

 

(5)No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

 

(6)Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.

 

(7)Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that—

 

(a)an emergency situation exists that involves—

 

(i)immediate danger of death or serious physical injury to any person,

 

(ii)conspiratorial activities threatening the national security interest, or

 

(iii)conspiratorial activities characteristic of organized crime,

 

that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and

 

(b)there are grounds upon which an order could be entered under this chapter to authorize such interception,

 

may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application.

 

(8)

 

(a)The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) ofsection 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) ofsection 2517.

 

(b)Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

 

(c)Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.

 

(d)Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 2518(7)(b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of—

 

(1)the fact of the entry of the order or the application;

 

(2)the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

 

(3)the fact that during the period wire, oral, or electronic communications were or were not intercepted.

 

The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.

 

(9)The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

 

(10)

 

(a)Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that—

 

(i)the communication was unlawfully intercepted;

 

(ii)the order of authorization or approval under which it was intercepted is insufficient on its face; or

 

(iii)the interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been

obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

 

(b)In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

 

(c)The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications.

 

(11)The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if—

 

(a)in the case of an application with respect to the interception of an oral communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

 

(iii)the judge finds that such specification is not practical; and

 

(b)in the case of an application with respect to a wire or electronic communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility;

 

(iii)the judge finds that such showing has been adequately made; and

 

(iv)the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

 

(12)An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.

 

New York Laws

 

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Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

 

Article 250 - NY Penal Law

 

OFFENSES AGAINST THE RIGHT TO PRIVACY

 

250.00Eavesdropping; definitions of terms.

 

250.05Eavesdropping. E FELONY

 

250.10 Possession of eavesdropping devices. A MISD

 

250.15Failure to report wiretapping. B MISD

 

250.20Divulging an eavesdropping warrant. A MISD

 

250.25Tampering with private communications. B MISD

 

250.30Unlawfully obtaining communications information. A MISD

 

250.35Failing to report criminal communications. B MISD

 

250.40Unlawful surveillance; definitions.

 

250.45Unlawful surveillance in the second degree. E FELONY

 

250.50Unlawful surveillance in the first degree. D FELONY

 

250.55Dissemination of an unlawful surveillance

 

image in the second degree. A MISD

 

250.60Dissemination of an unlawful surveillance

 

image in the first degree. E FELONY

 

250.65Additional provisions.

 

 

 

S 250.00 Eavesdropping; definitions of terms.

 

The following definitions are applicable to this article:

 

1. "Wiretapping" means the intentional overhearing or recording of a

 

telephonic or telegraphic communication by a person other than a sender

 

or receiver thereof, without the consent of either the sender or

 

receiver, by means of any instrument, device or equipment. The normal

 

operation of a telephone or telegraph corporation and the normal use of

 

the services and facilities furnished by such corporation pursuant to

 

its tariffs or necessary to protect the rights or property of said

 

corporation shall not be deemed "wiretapping."

 

2. "Mechanical overhearing of a conversation" means the intentional

 

overhearing or recording of a conversation or discussion, without the

 

consent of at least one party thereto, by a person not present thereat,

 

by means of any instrument, device or equipment.

 

3. "Telephonic communication" means any aural transfer made in whole

 

or in part through the use of facilities for the transmission of

 

communications by the aid of wire, cable or other like connection

 

between the point of origin and the point of reception (including the

 

use of such connection in a switching station) furnished or operated by

 

any person engaged in providing or operating such facilities for the

 

transmission of communications and such term includes any electronic

 

storage of such communications.

 

4. "Aural transfer" means a transfer containing the human voice at any

 

point between and including the point of origin and the point of

 

reception.

 

5. "Electronic communication" means any transfer of signs, signals,

 

writing, images, sounds, data, or intelligence of any nature transmitted

 

in whole or in part by a wire, radio, electromagnetic, photoelectronic

 

or photo-optical system, but does not include:

 

(a) any telephonic or telegraphic communication; or

 

(b) any communication made through a tone only paging device; or

 

(c) any communication made through a tracking device consisting of an

 

electronic or mechanical device which permits the tracking of the

 

movement of a person or object; or

 

(d) any communication that is disseminated by the sender through a

 

method of transmission that is configured so that such communication is

 

readily accessible to the general public.

 

6. "Intercepting or accessing of an electronic communication" and

 

"intentionally intercepted or accessed" mean the intentional acquiring,

 

receiving, collecting, overhearing, or recording of an electronic

 

communication, without the consent of the sender or intended receiver

 

thereof, by means of any instrument, device or equipment, except when

 

used by a telephone company in the ordinary course of its business or

 

when necessary to protect the rights or property of such company.

 

7. "Electronic communication service" means any service which provides

 

to users thereof the ability to send or receive wire or electronic

 

communications.

 

8. "Unlawfully" means not specifically authorized pursuant to article

 

seven hundred or seven hundred five of the criminal procedure law for

 

the purposes of this section andsections 250.05, 250.10, 250.15,

 

250.20, 250.25, 250.30 and 250.35 of this article.

 

 

 

S 250.05 Eavesdropping.

 

A person is guilty of eavesdropping when he unlawfully engages in

 

wiretapping, mechanical overhearing of a conversation, or intercepting

 

or accessing of an electronic communication.

 

Eavesdropping is a class E felony.

 

 

 

S 250.10 Possession of eavesdropping devices.

 

A person is guilty of possession of eavesdropping devices when, under

 

circumstances evincing an intent to use or to permit the same to be used

 

in violation of section 250.05, he possesses any instrument, device or

 

equipment designed for, adapted to or commonly used in wiretapping or

 

mechanical overhearing of a conversation.

 

Possession of eavesdropping devices is a class A misdemeanor.

 

 

 

S 250.15 Failure to report wiretapping.

 

A telephone or telegraph corporation is guilty of failure to report

 

wiretapping when, having knowledge of the occurrence of unlawful

 

wiretapping, it does not report such matter to an appropriate law

 

enforcement officer or agency.

 

Failure to report wiretapping is a class B misdemeanor.

 

 

 

S 250.20 Divulging an eavesdropping warrant.

 

A person is guilty of divulging an eavesdropping warrant when,

 

possessing information concerning the existence or content of an

 

eavesdropping warrant issued pursuant to article seven hundred of the

 

criminal procedure law, or concerning any circumstances attending an

 

application for such a warrant, he discloses such information to another

 

person; except that such disclosure is not criminal or unlawful when

 

permitted by section 700.65 of the criminal procedure law or when made

 

to a state or federal agency specifically authorized by law to receive

 

reports concerning eavesdropping warrants, or when made in a legal

 

proceeding, or to a law enforcement officer or agency connected with the

 

application for such warrant, or to a legislative committee or temporary

 

state commission, or to the telephone or telegraph corporation whose

 

facilities are involved, or to any entity operating an electronic

 

communications service whose facilities are involved.

 

Divulging an eavesdropping warrant is a class A misdemeanor.

 

 

 

S 250.25 Tampering with private communications.

 

A person is guilty of tampering with private communications when:

 

1. Knowing that he does not have the consent of the sender or

 

receiver, he opens or reads a sealed letter or other sealed private

 

communication; or

 

2. Knowing that a sealed letter or other sealed private communication

 

has been opened or read in violation of subdivision one of this section,

 

he divulges without the consent of the sender or receiver, the contents

 

of such letter or communication, in whole or in part, or a resume of any

 

portion of the contents thereof; or

 

3. Knowing that he does not have the consent of the sender or

 

receiver, he obtains or attempts to obtain from an employee, officer or

 

representative of a telephone or telegraph corporation, by connivance,

 

deception, intimidation or in any other manner, information with respect

 

to the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to a law enforcement officer who obtains information from a

 

telephone or telegraph corporation pursuant to section 250.35; or

 

4. Knowing that he does not have the consent of the sender or

 

receiver, and being an employee, officer or representative of a

 

telephone or telegraph corporation, he knowingly divulges to another

 

person the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to such person when he acts pursuant to section 250.35.

 

Tampering with private communications is a class B misdemeanor.

 

 

 

S 250.30 Unlawfully obtaining communications information.

 

A person is guilty of unlawfully obtaining communications information

 

when, knowing that he does not have the authorization of a telephone or

 

telegraph corporation, he obtains or attempts to obtain, by deception,

 

stealth or in any other manner, from such corporation or from any

 

employee, officer or representative thereof:

 

1. Information concerning identification or location of any wires,

 

cables, lines, terminals or other apparatus used in furnishing telephone

 

or telegraph service; or

 

2. Information concerning a record of any communication passing over

 

telephone or telegraph lines of any such corporation.

 

Unlawfully obtaining communications information is a class B

 

misdemeanor.

 

 

 

S 250.35 Failing to report criminal communications.

 

1. It shall be the duty of a telephone or telegraph corporation, or an

 

entity operating an electronic communications service, and of any

 

employee, officer or representative thereof having knowledge that the

 

facilities of such corporation or entity are being used to conduct any

 

criminal business, traffic or transaction, to furnish or attempt to

 

furnish to an appropriate law enforcement officer or agency all

 

pertinent information within his possession relating to such matter, and

 

to cooperate fully with any law enforcement officer or agency

 

investigating such matter.

 

2. A person is guilty of failing to report criminal communications

 

when he knowingly violates any duty prescribed in subdivision one of

 

this section.

 

Failing to report criminal communications is a class B misdemeanor.

 

 

 

S 250.40 Unlawful surveillance; definitions.

 

Thefollowingdefinitionsshallapplyto sections 250.45, 250.50,

 

250.55 and 250.60 of this article:

 

1. "Place and time when apersonhasareasonableexpectationof

 

privacy"meansa place and time when a reasonable person would believe

 

that he or she could fully disrobe in privacy.

 

2. "Imagingdevice"meansanymechanical,digitalorelectronic

 

viewingdevice, camera, cellular phone or any other instrument capable

 

of recording, storing or transmitting visual images that can be utilized

 

to observe a person.

 

3."Sexualorotherintimate parts" means the human male or female

 

genitals, pubic area or buttocks, or the female breast below the topof

 

thenipple, and shall include such part or parts which are covered only

 

by an undergarment.

 

4. "Broadcast" means electronically transmitting a visualimagewith

 

the intent that it be viewed by a person.

 

5."Disseminate"means to give, provide, lend, deliver, mail, send,

 

forward, transfer or transmit, electronically orotherwisetoanother

 

person.

 

6."Publish" means to (a) disseminate, as defined in subdivision five

 

ofthissection,withtheintent thatsuchimageorimagesbe

 

disseminated to ten or more persons; or (b) disseminate with theintent

 

thatsuchimagesbesoldbyanotherperson; or (c) post, present,

 

display, exhibit, circulate, advertise or allows access,electronically

 

orotherwise, so as to make an image or images available to the public;

 

or (d) disseminate with the intent that an image orimagesbeposted,

 

presented,displayed,exhibited,circulated,advertisedormade

 

accessible, electronically or otherwise and to make such image or images

 

available to the public.

 

7. "Sell" means to disseminate to another person, as defined in

 

subdivisionfiveofthissection,ortopublish,asdefinedin

 

subdivision six of this section, in exchange for something of value.

 

 

 

S 250.45 Unlawful surveillance in the second degree.

 

A person is guilty of unlawful surveillance in the second degree when:

 

1.Forhis or her own, or another person's amusement, entertainment,

 

or profit, or for the purpose of degrading or abusing aperson,heor

 

sheintentionallyusesorinstalls,orpermitsthe utilization or

 

installation of an imaging device to surreptitiously view, broadcastor

 

recordaperson dressing or undressing or the sexual or other intimate

 

parts of such person ataplaceandtimewhensuchpersonhasa

 

reasonableexpectationofprivacy, without such person's knowledge or

 

consent; or

 

2. For his or her own, or another person's sexualarousalorsexual

 

gratification,he or she intentionally uses or installs, or permits the

 

utilization or installation ofanimagingdevicetosurreptitiously

 

view,broadcast or record a person dressing or undressing or the sexual

 

or other intimate parts of such person at a placeandtimewhensuch

 

personhasareasonable expectation of privacy, without such person's

 

knowledge or consent; or

 

3. (a) For no legitimate purpose, heorsheintentionallyusesor

 

installs,orpermitstheutilizationorinstallation of an imaging

 

device to surreptitiously view,broadcastorrecordapersonina

 

bedroom,changingroom,fittingroom,restroom,toilet,bathroom,

 

washroom, shower or any room assigned to guests or patrons inamotel,

 

hotel or inn, without such person's knowledge or consent.

 

(b)Forthepurposesofthissubdivision,when a person uses or

 

installs, or permits theutilizationorinstallationofanimaging

 

deviceinabedroom,changingroom, fitting room, restroom, toilet,

 

bathroom, washroom, shower or any room assigned to guests or patronsin

 

ahotel,motelorinn,thereis a rebuttable presumption that such

 

person did so for no legitimate purpose; or

 

4.Withouttheknowledgeorconsentofaperson,heorshe

 

intentionallyusesorinstalls,orpermitstheutilizationor

 

installation of an imaging device to surreptitiously view, broadcastor

 

record,undertheclothingbeingworn by such person, the sexual or

 

other intimate parts of such person.

 

Unlawful surveillance in the second degree is a class E felony.

 

 

 

S 250.50 Unlawful surveillance in the first degree.

 

Apersonis guilty of unlawful surveillance in the first degree when

 

he or she commits the crimeofunlawfulsurveillanceinthesecond

 

degreeandhasbeen previously convicted within the past ten years of

 

unlawful surveillance in the first or second degree.

 

Unlawful surveillance in the first degree is a class D felony.

 

 

 

S 250.55 Dissemination of an unlawful surveillance image in the second

 

degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

intheseconddegreewhenhe or she, with knowledge of the unlawful

 

conduct by which an image or images ofthesexualorotherintimate

 

partsofanotherpersonorpersonswere obtained and such unlawful

 

conduct would satisfy the essential elements of thecrimeofunlawful

 

surveillanceinthe first or second degree, intentionally disseminates

 

such image or images.

 

Dissemination of an unlawful surveillance image in theseconddegree

 

is a class A misdemeanor.

 

 

 

S 250.60 Dissemination of an unlawful surveillance image in the first degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

in the first degree when:

 

1. He or she, with knowledge of the unlawful conduct by which an image

 

orimagesofthesexual or other intimate parts of another person or

 

persons were obtainedandsuchunlawfulconductwouldsatisfythe

 

essential elements of the crime of unlawful surveillance in the first or

 

second degree, sells or publishes such image or images; or

 

2.Having created a surveillance image in violation of section 250.45

 

or 250.50 of this article, or in violationofthelawinanyother

 

jurisdiction which includes all of the essential elements of either such

 

crime,orhaving acted as an accomplice to such crime, or acting as an

 

agent to the person who committed such crime, heorsheintentionally

 

disseminates such unlawfully created image; or

 

3.Heorshecommitsthecrimeofdissemination of an unlawful

 

surveillanceimageintheseconddegreeandhasbeenpreviously

 

convictedwithinthepasttenyears of dissemination of an unlawful

 

surveillance image in the first or second degree.

 

Dissemination of an unlawful surveillance image in the first degree is

 

a class E felony.

 

 

 

S 250.65 Additional provisions.

 

1.Theprovisionsofsections 250.45, 250.50, 250.55 and 250.60 of

 

this article do not apply withrespecttoany:(a)lawenforcement

 

personnelengagedintheconductoftheirauthorizedduties; (b)

 

security system wherein a written notice is conspicuously posted onthe

 

premises stating that a video surveillance system has been installed for

 

thepurpose of security; or (c) video surveillance devices installed in

 

such a manner that their presence is clearly and immediately obvious.

 

2. With respect to sections 250.55 and 250.60ofthisarticle,the

 

provisions of subdivision two of section 235.15 and subdivisions one and

 

two of section 235.24 of this chapter shall apply.

 

45-5-305. Subjecting another to involuntary servitude -- definitions. (1) A person commits the offense of subjecting another to involuntary servitude if the person purposely or knowingly obtains or maintains the forced labor or services of another person by any of the following actions or by threatening any of the following actions:
(a) causing physical harm to any person;
(b) damaging or destroying the property of any person;
(c) physically restraining another person;
(d) abusing the law or legal process;
(e) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of another person;
(f) blackmail; or
(g) causing financial harm to any person or using financial control over any person.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of subjecting another to involuntary servitude shall be imprisoned in the state prison for a term of not more than 10 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of subjecting another to involuntary servitude, if the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide, shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 100 years and may be fined not more than $50,000.
(3) As used in this part, unless the context requires otherwise, the following definitions apply:
(a) "Blackmail" means an unlawful demand of money, property, or services under threat to accuse another person of a crime or to expose any secret tending to subject a person to hatred, contempt, or ridicule.
(b) "Commercial sexual activity" means any sex act or simulated sex act, including sexually explicit performances, for which anything of value is given, promised to, or received directly or indirectly by any person.
(c) "Financial harm" includes employment contracts that violate 28-2-903, taking, receiving, reserving, or charging a rate of interest greater than is allowed by31-1-107, and defrauding creditors as defined in 45-6-315.
(d) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through violation of subsection (1).
(e) "Labor" means work of economic or financial value.
(f) "Maintain" means to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform that type of service.
(g) "Obtain" means to secure the performance of labor or services.
(h) "Services" means acts committed at the direction of, at the request of, under the supervision of, or for the benefit of another, including commercial sexual activity.
(i) "Sexually explicit performances" means live, public, private, photographed, recorded, or videotaped acts or simulated acts intended to sexually arouse, satisfy the sexual desires of, or appeal to the prurient interests of any person.

 

18 USC § 245 - Federally protected activities

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a)

 

(1)Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.

 

(2)Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

 

(b)Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—

 

(1)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;

 

(D)serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;

 

(E)participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or

 

(2)any person because of his race, color, religion or national origin and because he is or has been—

 

(A)enrolling in or attending any public school or public college;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;

 

(D)serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror;

 

(E)traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;

 

(F)enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and

 

(i)which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and

 

(ii)which holds itself out as serving patrons of such establishments; or

 

(3)during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or

 

(4)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or

 

(B)affording another person or class of persons opportunity or protection to so participate; or

 

(5)any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate—

 

shall be fined under this title, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. As used in this section, the term “participating lawfully in speech or peaceful assembly” shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence.

 

(c)Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State.

 

(d)For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

 

18 USC § 242 - Deprivation of rights under color of law

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

Title VII of the Civil Rights Act of 1964

 

EDITOR'S NOTE: The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.

 

 

An Act

 

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.

 

* * *

 

DEFINITIONS

 

SEC. 2000e. [Section 701]

 

For the purposes of this subchapter-

 

(a) The term “person”includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-­stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 [originally, bankruptcy ], or receivers.

 

(b) The term “employer”means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5 [United States Code]), or

 

(2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26 [the Internal Revenue Code of 1986], except that during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty-­five employees (and their agents) shall not be considered employers.

 

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

 

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

 

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-­five or more during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], or (B) fifteen or more thereafter, and such labor organization-

 

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.];

 

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

 

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

 

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

 

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

 

(f) The term “employee”means an individual employed by an employer, except that the term “employee”shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.

 

(g) The term “commerce”means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

 

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-­Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity.

 

(i) The term “State”includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].

 

(j) The term “religion”includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.

 

(k) The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-­related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)] shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

 

(l) The term “complaining party” means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter.

 

(m) The term“demonstrates” means meets the burdens of production and persuasion.

 

(n) The term “respondent”means an employer, employment agency, labor organization, joint labor ­management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16 of this title.

 

APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT

 

SEC. 2000e-1. [Section 702]

 

(a) Inapplicability of subchapter to certain aliens and employees of religious entities

 

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

 

(b) Compliance with statute as violative of foreign law

 

It shall not be unlawful under section 2000e-2 or 2000e-3 of this title [section 703 or 704] for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor­-management committee controlling apprenticeship or other training or retraining (including on-­the-­job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

 

(c) Control of corporation incorporated in foreign country

 

(1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title [section 703 or 704] engaged in by such corporation shall be presumed to be engaged in by such employer.

 

(2) Sections 2000e-2 and 2000e-3 of this title [sections 703 and 704] shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

 

(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on-

 

(A) the interrelation of operations;

 

(B) the common management;

 

(C) the centralized control of labor relations; and

 

(D) the common ownership or financial control, of the employer and the corporation.

 

UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-2. [Section 703]

 

(a) Employer practices

 

It shall be an unlawful employment practice for an employer -

 

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

 

(b) Employment agency practices

 

It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

 

(c) Labor organization practices

 

It shall be an unlawful employment practice for a labor organization-

 

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

 

(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

 

(d) Training programs

 

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

 

(e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion

 

Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor­ management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

 

(f) Members of Communist Party or Communist-action or Communist-front organizations

 

As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor­ management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist­-action or Communist-­front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.].

 

(g) National security

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if-

 

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

 

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

 

(h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of the Labor Standards Act of 1938, as amended].

 

(i) Businesses or enterprises extending preferential treatment to Indians

 

Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

 

(j) Preferential treatment not to be granted on account of existing number or percentage imbalance

 

Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-­management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

 

(k) Burden of proof in disparate impact cases

 

(1) (A) An unlawful employment practice based on disparate impact is established under this subchapter only if-

 

(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

 

(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

 

(B) (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.

 

(ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

 

(C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of “alternative employment practice”.

 

(2) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter.

 

(3) Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.] or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

 

(l) Prohibition of discriminatory use of test scores

 

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

 

(m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices

 

Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

 

(n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders

 

(1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

 

(B) A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws-

 

(i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had-

 

(I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

 

(II) a reasonable opportunity to present objections to such judgment or order; or

 

(ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

 

(2) Nothing in this subsection shall be construed to-

 

(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

 

(B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

 

(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

 

(D) authorize or permit the denial to any person of the due process of law required by the Constitution.

 

(3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of Title 28 [United States Code].

 

OTHER UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-3. [Section 704]

 

(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings

 

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on—the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

 

(b) Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception

 

It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor­-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 

SEC. 2000e-4. [Section 705]

 

(a) Creation; composition; political representation; appointment; term; vacancies; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel

 

There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b) of this section, shall appoint, in accordance with the provisions of Title 5 [United States Code] governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges [originally, hearing examiners], and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 [United States Code], relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges [originally, hearing examiners] shall be in accordance with sections 3105, 3344, 5372, and 7521 of Title 5 [United States Code].

 

(b) General Counsel; appointment; term; duties; representation by attorneys and Attorney General

 

(1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title [sections 706 and 707]. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified.

 

(2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter.

 

(c) Exercise of powers during vacancy; quorum

 

A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

 

(d) Seal; judicial notice

 

The Commission shall have an official seal which shall be judicially noticed.

 

(e) Reports to Congress and the President

 

The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken [originally, the names, salaries, and duties of all individuals in its employ] and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

 

(f) Principal and other offices

 

The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter.

 

(g) Powers of Commission

 

The Commission shall have power-

 

(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

 

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

 

(3) to furnish to persons subject to this subchapter such technical assistance as they may request to further their compliance with this subchapter or an order issued thereunder;

 

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this subchapter, to assist in such effectuation by conciliation or such other remedial action as is provided by this subchapter;

 

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this subchapter and to make the results of such studies available to the public;

 

(6) to intervene in a civil action brought under section 2000e-5 of this title [section 706]by an aggrieved party against a respondent other than a government, governmental agency or political subdivision.

 

(h) Cooperation with other departments and agencies in performance of educational or promotional activities; outreach activities

 

(1) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

 

(2) In exercising its powers under this subchapter, the Commission shall carry out educational and outreach activities (including dissemination of information in languages other than English) targeted to-

 

(A) individuals who historically have been victims of employment discrimination and have not been equitably served by the Commission; and

 

(B) individuals on whose behalf the Commission has authority to enforce any other law prohibiting employment discrimination, concerning rights and obligations under this subchapter or such law, as the case may be.

 

(i) Personnel subject to political activity restrictions

 

All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 7324 of Title 5 [originally, section 9 of the Act of August 2, 1939, as amended (the Hatch Act)], notwithstanding any exemption contained in such section.

 

(j) Technical Assistance Training Institute

 

(1) The Commission shall establish a Technical Assistance Training Institute, through which the Commission shall provide technical assistance and training regarding the laws and regulations enforced by the Commission.

 

(2) An employer or other entity covered under this subchapter shall not be excused from compliance with the requirements of this subchapter because of any failure to receive technical assistance under this subsection.

 

(3) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1992.

 

(k) EEOC Education, Technical Assistance, and Training Revolving Fund

 

(1) There is hereby established in the Treasury of the United States a revolving fund to be known as the “EEOC Education, Technical Assistance, and Training Revolving Fund”(hereinafter in this subsection referred to as the “Fund”) and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes.

 

(2)(A) The Commission shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and training provided with monies in the Fund. Such fees for any education, technical assistance, or training--

 

(i) shall be imposed on a uniform basis on persons and entities receiving such education, assistance, or training,

 

(ii) shall not exceed the cost of providing such education, assistance, and training, and

 

(iii) with respect to each person or entity receiving such education, assistance, or training, shall bear a reasonable relationship to the cost of providing such education, assistance, or training to such person or entity.

 

(B) Fees received under subparagraph (A) shall be deposited in the Fund by the Commission.

 

(C) The Commission shall include in each report made under subsection (e) of this section information with respect to the operation of the Fund, including information, presented in the aggregate, relating to--

 

(i) the number of persons and entities to which the Commission provided education, technical assistance, or training with monies in the Fund, in the fiscal year for which such report is prepared,

 

(ii) the cost to the Commission to provide such education, technical assistance, or training to such persons and entities, and

 

(iii) the amount of any fees received by the Commission from such persons and entities for such education, technical assistance, or training.

 

(3) The Secretary of the Treasury shall invest the portion of the Fund not required to satisfy current expenditures from the Fund, as determined by the Commission, in obligations of the United States or obligations guaranteed as to principal by the United States. Investment proceeds shall be deposited in the Fund.

 

(4) There is hereby transferred to the Fund $1,000,000 from the Salaries and Expenses appropriation of the Commission.

 

ENFORCEMENT PROVISIONS

 

SEC. 2000e-5. [Section 706]

 

(a) Power of Commission to prevent unlawful employment practices

 

The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title [section 703 or 704].

 

(b) Charges by persons aggrieved or member of Commission of unlawful employment practices by employers, etc.; filing; allegations; notice to respondent; contents of notice; investigation by Commission; contents of charges; prohibition on disclosure of charges; determination of reasonable cause; conference, conciliation, and persuasion for elimination of unlawful practices; prohibition on disclosure of informal endeavors to end unlawful practices; use of evidence in subsequent proceedings; penalties for disclosure of information; time for determination of reasonable cause

 

Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor­management committee controlling apprenticeship or other training or retraining, including on-­the-­job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such employer, employment agency, labor organization, or joint labor-­management committee (hereinafter referred to as the “respondent”) within ten days, and shall make an investigation thereof. Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires. Charges shall not be made public by the Commission. If the Commission determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. In determining whether reasonable cause exists, the Commission shall accord substantial weight to final findings and orders made by State or local authorities in proceedings commenced under State or local law pursuant to the requirements of subsections (c) and (d) of this section. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where applicable under subsection (c) or (d) of this section, from the date upon which the Commission is authorized to take action with respect to the charge.

 

(c) State or local enforcement proceedings; notification of State or local authority; time for filing charges with Commission; commencement of proceedings

 

In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

 

(d) State or local enforcement proceedings; notification of State or local authority; time for action on charges by Commission

 

In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

 

(e) Time for filing charges; time for service of notice of charge on respondent; filing of charge by Commission with State or local agency; seniority system

 

(1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

 

(2) For purposes of this section, an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose in violation of this subchapter (whether or not that discriminatory purpose is apparent on the face of the seniority provision), when the seniority system is adopted, when an individual becomes subject to the seniority system, or when a person aggrieved is injured by the application of the seniority system or provision of the system.

 

(3)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.

 

(B) In addition to any relief authorized by section 1977A of the Revised Statutes (42 U.S.C. 1981a), liability may accrue and an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing a charge.

 

(f) Civil action by Commission, Attorney General, or person aggrieved; preconditions; procedure; appointment of attorney; payment of fees, costs, or security; intervention; stay of Federal proceedings; action for appropriate temporary or preliminary relief pending final disposition of charge; jurisdiction and venue of United States courts; designation of judge to hear and determine case; assignment of case for hearing; expedition of case; appointment of master

 

(1) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) or (d) of this section, the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission may bring a civil action against any respondent not a government, governmental agency, or political subdivision named in the charge. In the case of a respondent which is a government, governmental agency, or political subdivision, if the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission shall take no further action and shall refer the case to the Attorney General who may bring a civil action against such respondent in the appropriate United States district court. The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision. If a charge filed with the Commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such charge or the expiration of any period of reference under subsection (c) or (d) of this section, whichever is later, the Commission has not filed a civil action under this section or the Attorney General has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved or (B) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance.

 

(2) Whenever a charge is filed with the Commission and the Commission concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this Act, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure. It shall be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases to be in every way expedited.

 

(3) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of Title 28 [United States Code], the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

 

(4) 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.

 

(5) It shall be the duty of the judge designated pursuant to this subsection to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. If such judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to rule 53 of the Federal Rules of Civil Procedure.

 

(g) Injunctions; appropriate affirmative action; equitable relief; accrual of back pay; reduction of back pay; limitations on judicial orders

 

(1) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

 

(2) (A) No order of the court shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, or national origin or in violation of section 2000e-3(a) of this Title [section 704(a)].

 

(B) On a claim in which an individual proves a violation under section 2000e-2(m) of this title [section 703(m)] and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-

 

(i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m) of this title [section 703(m)]; and

 

(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).

 

(h) Provisions of chapter 6 of Title 29 not applicable to civil actions for prevention of unlawful practices

 

The provisions of chapter 6 of title 29 [the Act entitled“An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 105-115)] shall not apply with respect to civil actions brought under this section.

 

(i) Proceedings by Commission to compel compliance with judicial orders In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission may commence proceedings to compel compliance with such order.

 

(j) Appeals

 

Any civil action brought under this section and any proceedings brought under subsection (i) of this section shall be subject to appeal as provided in sections 1291 and 1292, Title 28 [United States Code].

 

(k) Attorney’s fee; liability of Commission and United States for costs

 

In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

 

CIVIL ACTIONS BY THE ATTORNEY GENERAL

 

SEC. 2000e-6. [Section 707]

 

(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 offunctions, etc., to Commission; effective date; prerequisite to transfer; execution of functions by Commission

 

Effective two years after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], the functions of theAttorney 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 [United States Code], 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 date of enactment of the Equal Employment Opportunity Act of 1972], the Commission shall haveauthority to investigate and act on a charge of a pattern or practice ofdiscrimination, whether filed by or on behalf of a person claiming to beaggrieved or by a member of the Commission. All such actions shall beconducted in accordance with the procedures set forth in section 2000e-5of this title [section 706].

 

EFFECT ON STATE LAWS

 

SEC. 2000e-7. [Section 708]

 

Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.

 

INVESTIGATIONS

 

SEC. 2000e-8. [Section 709]

 

(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 [section 706], 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.

 

CONDUCT OF HEARINGS AND INVESTIGATIONS PURSUANT TO SECTION 161 OF Title 29

 

SEC. 2000e-9. [Section 710]

 

For the purpose of all hearings and investigations conducted by the Commission or its duly authorized agents or agencies, section 161 of Title 29 [section 11 of the National Labor Relations Act] shall apply.

 

POSTING OF NOTICES; PENALTIES

 

SEC. 2000e-10. [Section 711]

 

(a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint.

 

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

 

VETERANS’SPECIAL RIGHTS OR PREFERENCE

 

SEC. 2000e-11. [Section 712]

 

Nothing contained in this subchapter shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

 

REGULATIONS; CONFORMITY OF REGULATIONS WITH ADMINISTRATIVE PROCEDURE PROVISIONS; RELIANCE ON INTERPRETATIONS AND INSTRUCTIONS OF COMMISSION

 

SEC. 2000e-12. [Section 713]

 

(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 [originally, the Administrative Procedure Act].

 

(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.

 

APPLICATION TO PERSONNEL OF COMMISSION OF SECTIONS 111 AND 1114 OF TITLE 18; PUNISHMENT FOR VIOLATION OF SECTION 1114 OF TITLE 18

 

SEC. 2000e-13. [Section 714]

 

The provisions of sections 111 and 1114, Title 18 [United States Code], shall apply to officers, agents, and employees of the Commission in the performance of their official duties. Notwithstanding the provisions of sections 111 and 1114 of Title 18 [United States Code], whoever in violation of the provisions of section 1114 of such title kills a person while engaged in or on account of the performance of his official functions under this Act shall be punished by imprisonment for any term of years or for life.

 

TRANSFER OF AUTHORITY

 

[Administration of the duties of theEqual Employment Opportunity Coordinating Council was transferred to the Equal Employment Opportunity Commission effective July 1, 1978, under the President's Reorganization Plan of 1978.]

EQUAL EMPLOYMENT OPPORTUNITY COORD

INATING COUNCIL; ESTABLISHMENT; COMPOSITION; DUTIES; REPORT TO PRESIDENT AND CONGRESS

 

SEC. 2000e-14. [Section 715]

 

[Original introductory text: There shall be established an Equal Employment Opportunity Coordinating Council (hereinafter referred to in this section as the Council) composed of the Secretary of Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission, and the Chairman of the United States Civil Rights Commission, or their respective delegates.]

 

The Equal Employment Opportunity Commission [originally, Council] shall have the responsibility for developing and implementing agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the various departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies. On or before October 1 [originally, July 1] of each year, the Equal Employment Opportunity Commission [originally, Council] shall transmit to the President and to the Congress a report of its activities, together with such recommendations for legislative or administrative changes as it concludes are desirable to further promote the purposes of this section.

 

PRESIDENTIAL CONFERENCES; ACQUAINTANCE OF LEADERSHIP WITH PROVISIONS FOR EMPLOYMENT RIGHTS AND OBLIGATIONS; PLANS FOR FAIR ADMINISTRATION; MEMBERSHIP

 

SEC. 2000e-15. [Section 716]

 

[Original text: (a) This title shall become effective one year after the date of its enactment.

 

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

 

(c)]The President shall, as soon as feasible after July 2, 1964 [the date of enactment of this title], convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this subchapter to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this subchapter when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this subchapter.

 

TRANSFER OF AUTHORITY

 

[Enforcement of Section 717 was transferred to the Equal EmploymentOpportunity Commission from the Civil Service Commission (Office of Personnel Management) effective January 1, 1979 under the President’s Reorganization Plan No. 1 of 1978.]

 

EMPLOYMENT BY FEDERAL GOVERNMENT

 

SEC. 2000e-16. [Section 717]

 

(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 [United States Code], in executive agencies [originally, other than the General Accounting Office]as defined in section 105 of Title 5 [United States Code] (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Printing Office, the Government Accountability Office, and 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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[section 706], 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 [section 706(f) through (k)], 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.

 

(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.

 

(f) Section 2000e-5(e)(3)[Section 706(e)(3)] shall apply to complaints of discrimination in compensation under this section.

 

PROCEDURE FOR DENIAL, WITHHOLDING, TERMINATION, OR SUSPENSION OF GOVERNMENT CONTRACT SUBSEQUENT TO ACCEPTANCE BY GOVERNMENT OF AFFIRMATIVE ACTION PLAN OF EMPLOYER; TIME OF ACCEPTANCE OF PLAN

 

SEC. 2000e-17. [Section 718]

 

No Government contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such employer has an affirmative action plan which has previously been accepted by the Government for the same facility within the past twelve months without first according such employer full hearing and adjudication under the provisions of section 554 of Title 5 [UnitedStates Code], and the following pertinent sections: Provided, That if such employer has deviated substantially from such previously agreed to affirmative action plan, this section shall not apply: Provided further, That for the purposes of this section an affirmative action plan shall be deemed to have been accepted by the Government at the time the appropriate compliance agency has accepted such plan unless within forty-five days thereafter the Office of Federal Contract Compliance has disapproved such plan.

 

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18 USC § 246 - Deprivation of relief benefits

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

 

 

Duty to Report Suspected Child Abuse Under 42 U.S.C. § 13031 Under 42 U.S.C. § 13031—a provision of the Victims of Child Abuse Act of 1990—all covered professionals who learn of suspected child abuse while engaged in enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. The fact that a patient has viewed child pornography may “give reason to suspect that a child has suffered an incident of child abuse” under the statute, and a covered professional is not relieved of an obligation to report the possible abuse simply because neither the covered professional nor the patient knows the identity of the child depicted in the pornography. May 29, 2012 MEMORANDUM OPINION FOR THE GENERALCOUNSELUNITEDSTATESDEPARTMENT OF VETERANSAFFAIRSSection 13031 of title 42, a provision in the Victims of Child Abuse Act of 1990 (“VCAA” or “Act”), Pub. L. No. 101-647, tit. II, § 226, 104 Stat. 4789, 4806, requires persons engaged in certain activities and professions on federal lands or in federal facilities to report “facts that give reason to suspect that a child has suffered an incident of child abuse” if they learn such facts in the course of their professional activities. Failure to make a report required by section 13031 could subject such persons to criminal penalties. See 18 U.S.C. § 2258 (2006). You have raised two questions about the scope of section 13031. See Letter for the Honorable Eric Holder, Attorney General, from Will A. Gunn, General Counsel, Department of Veterans Affairs (Nov. 9, 2009) (“VA Letter”). First, you have asked whether section 13031’s reporting requirement is limited to situations in which the suspected victim of child abuse is cared for or resides on federal land or in a federal facility. We conclude that it is not. Instead, under the VCAA, all persons who learn of suspected child abuse (as defined by the Act) while engaged in the enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. We recognize that the scope of some of the statutory language may be ambiguous, and that narrower readings of the reporting require-ment find some support in certain of the statute’s provisions. But we believe that section 13031, read as a whole and in light of its purpose, is best interpreted broadly. Second, you have inquired whether the VCAA’s reporting obligation is trig-gered when a person covered by section 13031 learns that a patient under his or her care has viewed child pornography, even if the person does not know, and has no reason to believe the patient knows, the identity of the child or children depicted in the pornography. We conclude that the fact that a patient has viewed child pornography may be a “fact[] . . . giv[ing] reason to suspect that a child has 1

 

I'm poor with a wiretap order on me !Tupac and Biggie rich and had one them too so killed them!Dr.Martin .L.King Jr and Malcolm X both had a wiretap order on them we know who murdered them!Who murdered President Commander in Cheif 's J.F.K.Jr. and Abraham Lincoln!Everybody rich,middle,and poor class a wiretap order on ya'll!Fuck this shit!Gag Order means a person or persons cooperating a wiretap order on you can't tell you they're basically Informant's and Unidercover's!Steve Johnson murder is a justifiable homicide legally looking at all the way around!My kidnapping for ransom isn't justifiable so the entire time they've been aiding and abetting and more macon ga. judge's who have to the approve the wiretap order and they're anti-christ fugitives from justice crew they caught on wiretap order !President Commader Chief Barack Obama have they ass locked for my Christamas gift that 's a good Christamas gift for me from you !
Now how does Macon ga.Judge's,prosecuting Attorney's,law enforcement,governmental agency's,Bibb County Sheriff Department,Macon Georgia Police Department,FBI,andGBI plan on explaining not seeing me in person at the Macon Georgia 2005 FBI Agent name Adam Preston and Atlanta FBI 2007 while those who operate Macon Ga.Wiretap Order committ Criminal Defamation and more with Internet 2007-2009 BET-CNN-PLiesworld-Grandhustle Entertainment Forumroom heatherb and I-106 and Parks Nations BET Rocsi 106 and Parks Community website-and more Electronic /Wire Communication wiretap Order from Jena 6 Micheal Bell and more!How those who operate plan explaining to the Executive Branch President Commander in Chief Barack Obama and I we're apart of their criminal activity and committing Treason,Genocide,bribery,and more to our american people!Who in they right mind can block somebody from getting justice!I can't block those who operate Macon Ga.wiretap order judge's, prosecuting attorney's,law enforcement,governmental agency's, FBI,GBI,Macon Ga.Police DEpartment,and Bibb County Sheriff Department from making arrest's,conviction's ,and sentences to those involved in committing crime's to My Family/Extended Family and Olgethrope Community Victim's and witnesses!The only reason I said I'd do it myself is because they've been committing Involuntary Servitude,failure to investigate, Genocide,and more since I under the age of 18 years old and I'm 30 years old now !I fell in love with law only in the meantime while they're getting arrested,convicted and sentenced for breaking the law!I'll be keeping God first! 1.Get my GED(got it) 2.Get my license to practice law(studying for my SAT ,ACT,and LSAT Test to get accepted in Harvard Law College and prepared to take the Bar to get my license to practice law) 3.Start my own law firm and Non-Profit Organization 4.Be a license to practice law attorney taking pro buno cases 5.Be a license to practice law judge!Wire Communication wiretap Order(parabolic microphone hidden within resident's,telephone,internet/computer) operated by Law Enforcement ,Police's and Sheriff Department's, FBi,GBI,and Governmental Agency's!Macon ga.got played it's to late ya'll done sent ya'll conspiracies-attempts-and solicitation's either way violation of Privacy and eavesdropping charges and more sticking !Macon Ga.Oral Communication Wiretap Order is made up of Informant's and Undercover's these are the anti-christ fugitives from justice they saying everyday the LORD thy God isn't real and they tell me I don't have no help !Macon Ga.Electronic Communication Wiretap is made up of e-mail's, and Internet activitiy!Mercer College is partner and stakeholder's and Intern's with City of Macon Ga., Macon Ga.Indigent Defense,Macon Ga.Local Government -Emergency Response Provider's-Critical Infastructure-Appropriate Congressional Committee-The Medical Center-and more so when they locked the door's at Mercer Law Library in 2009 keeping general public I knew automatically Mercer College Administartion got it!Macon Georgia and Middle Ga.General Public isn't one my late grandfather United States Veteran Alex Harris Jr. and sister Grandma Mrs.Mattie Lee Gibson Harris children or my late grandfather United States Veteran Alex Harris Sr. and late Great Grandma Mrs.Gertrude Woods Harris children or my late great great grandfather United States Veteran Leonard Gibson and Great Great Grandma Mrs.Mattie Mckenzie Gibson Children or my late Great Great Great Charlie Mckenzie and Great Great Geat Grandma Mrs.Elizabeth Mckenzie Children or LORD thy God children , and My Family/Extended Family so no matter what they have to accept Virginia Harris negativity and lies those who been operating the Macon Ga.Wiretap Order been living by killed them and she got away!Ms.Blue failed to report suspected child abuse in 1996 and she's the head director of the department of family and children services!Macon Ga.is the department of family and children services security hint hint!City of Macon Georgia Police Department handled the 1965 first degree murder(and more) of United States Veteran Alex Harris Jr. at Transco Plant Railroad motive can they say false statement's,perjury,and more in both the 1996 and 1965 incident for starter's!

Proverbs 24

New King James Version (NKJV)

24 Do not be envious of evil men,
Nor desire to be with them;
2 For their heart devises violence,
And their lips talk of troublemaking.

3 Through wisdom a house is built,
And by understanding it is established;
4 By knowledge the rooms are filled
With all precious and pleasant riches.

5 A wise man is strong,
Yes, a man of knowledge increases strength;
6 For by wise counsel you will wage your own war,
And in a multitude of counselors there is safety.

7 Wisdom is too lofty for a fool;
He does not open his mouth in the gate.

8 He who plots to do evil
Will be called a schemer.
9 The devising of foolishness is sin,
And the scoffer is an abomination to men.

10 If you faint in the day of adversity,
Your strength is small.

11 Deliver those who are drawn toward death,
And hold back those stumbling to the slaughter.
12 If you say, “Surely we did not know this,”
Does not He who weighs the hearts consider it?
He who keeps your soul, does He not know it?
And will He not render to each man according to his deeds?

13 My son, eat honey because it is good,
And the honeycomb which is sweet to your taste;
14 So shall the knowledge of wisdom be to your soul;
If you have found it, there is a prospect,
And your hope will not be cut off.

15 Do not lie in wait, O wicked man, against the dwelling of the righteous;
Do not plunder his resting place;
16 For a righteous man may fall seven times
And rise again,
But the wicked shall fall by calamity.

17 Do not rejoice when your enemy falls,
And do not let your heart be glad when he stumbles;
18 Lest the Lord see it, and it displease Him,
And He turn away His wrath from him.
19 Do not fret because of evildoers,
Nor be envious of the wicked;
20 For there will be no prospect for the evil man;
The lamp of the wicked will be put out.

21 My son, fear the Lord and the king;
Do not associate with those given to change;
22 For their calamity will rise suddenly,
And who knows the ruin those two can bring?

Further Sayings of the Wise

23 These things also belong to the wise:

It is not good to show partiality in judgment.
24 He who says to the wicked, “You are righteous,”
Him the people will curse;
Nations will abhor him.
25 But those who rebuke the wicked will have delight,
And a good blessing will come upon them.

26 He who gives a right answer kisses the lips.

27 Prepare your outside work,
Make it fit for yourself in the field;
And afterward build your house.

28 Do not be a witness against your neighbor without cause,
For would you deceivea]'>[aa]'>] with your lips?
29 Do not say, “I will do to him just as he has done to me;
I will render to the man according to his work.”

30 I went by the field of the lazy man,
And by the vineyard of the man devoid of understanding;
31 And there it was, all overgrown with thorns;
Its surface was covered with nettles;
Its stone wall was broken down.
32 When I saw it, I considered it well;
I looked on it and received instruction:
33 A little sleep, a little slumber,
A little folding of the hands to rest;
34 So shall your poverty come like a prowler,
And your need like an armed man.

 

I'm not up under a gag order cooperating in no wiretap order cause me everybody has a wiretap order on them including my poor ass so they violation our privacy and eavsedropping!Can they tell us who murdered Tupac and Biggie now ?They overlooked Hurricane Katrina 2005 ,but they didn't overlook 2007-2009 Internet Wire/Electronic Communication Wiretap Order information!MaconGa.operator's of the wiretap order can't stop me /us from reporting crimes committed by them and mailing out the evidence ya'll stupid ass failed to investigate all the way round damn Terrorist muthafuckin crimes reported by telephone ,in-person,and Internet!That's why the Government hate ya'll stupid anti-christ fugitives from justice asses the punishment for Genocide is $1,000,000.00 fine including imprisonment and death!How arresting between 2005-2013 for everything not pertaining to the Ineternet Wire/Electronic Communication Wiretap Order which add's up to Kidanping for ransom,retalitation against victim's and witnesses,genocide,violation of privacy and eavesdropping,involuntary servitude, and more!I got arrested,convicted,and sentenced in 2005 for violation of Bibb County Superior Court Probation.I wasn't on it !That's why I can't be arrested like ya'll my hip-hop brother game over internet incident!Kidnaping(for ransom) is a capital offenses punishable by death crimes!The court record's to crime everybody has ! The NAACP and Black Organization's president's and Member's mad about 2007 Jena 6 wiretap order they are criminal's deprivation of rights under color of law add violation of USC42 1983 claim they taking bribes to aid and abett and more! 

 

 

Delance1000's picture

Hebrews 13:1-6

New King James Version (NKJV)

Concluding Moral Directions

13 Let brotherly love continue. 2 Do not forget to entertain strangers, for by so doing some have unwittingly entertained angels. 3 Remember the prisoners as if chained with them—those who are mistreated—since you yourselves are in the body also.

4 Marriage is honorable among all, and the bed undefiled; but fornicators and adulterers God will judge.

5 Let your conduct be without covetousness; be content with such things as you have. For He Himself has said, “I will never leave you nor forsake you.”a]'>[a] 6 So we may boldly say:

“The Lordis my helper;
I will not fear.
What can man do to me?”b]'>[

 

I was assualted yesterday by a Macon Ga.oral communication wiretap order .a.k.a.Informant’s and Undercover’s!I reported the crime to Macon Ga.Police Dept.off of Pio Nono Ave.right down the street from Kroger’s!Everyday who operate Macon Georgia Wiretap Order referring to Judge’s (have to approve wiretap order,who can’t aiding and abetting Bibb County Courthouse judge’s and more on Kindapping me for ransom and more in 2005 in Bibb County Superior Court),Law Enforcement,Bibb County Sheriff Department(who made the false statement and more in the 2000 kidnaping for ransomand more),Macon Georgia Police Department(who participated/aided and abetted/and more in 1965 first degree murder and more of my late grandfather United States Veteran Alex Harris Jr.,1996-1999 participated/committed/aided and abetted/conspirator’s/and more to Child Abuse[physically abusing me under the age of 18 years old] –failure to report child abuse-perjury-duty to report suspected child abuse-Involuntary Servitude-Kidnaping me for ransom-illegally exclusion of evidence-and more ,FBI(who been notified since by telephone about the 1996 until 2005 the crime was reported reported due to their failure to investigate referring to come to the victim’s and witnesses),GBI( been getting nothified by telephone every since the 1996 incident),United States Secret Services ( been getting notified by the telephone),Governmental Agency’s,Prosecuting Attorney’s(In person to report the crimes to Macon Georgia District Attorney’s and Federal Prosecuting Attorney’s ),and more they ‘re the ones who make the arrest’s,convict and sentences criminal’s for the law ,but in this case they’re committing the crime’s ranging from Genocide,Kidnaping for ransom,Treason,Involuntary Servitude, Criminal Defamation,Bribery,Deprivation of rights under color of law,violation of federal protected activities,aiding and abetting,violation of privacy and eavesdropping,Obstruction of free exercise of religion beliefs including kidnapping for ransom,deprivation of relief benefit’s, violation of privacy and eavesdropping, and more to member’s of me, my family/extended family and Olgethrope Community Victim’s and witnesses starting in 1965 with the first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr. at Transco Plant Railroad (USC Title 18 1091 A-1 murder members of the group)!Now since my sister Mrs.Mattie Lee Gibson Harris passing in 2009 those who operate Macon Ga. Wiretap Order including their mayor along with their NAACP and Black Organization’s President’s and Member’s now want to be our people all of a sudden!They over looking Hurricane Katrina CNN-BET-and other’s websites Press and Internet Wiretap Order where I kicked off withreporting the 2005 crimes arrest,convict,and sentence of me and I wasn’t on Probation!When you hold a person against their will illegally no matter who you it’s kidnapping and then when ask for money for their release it’s ransom!Local Government,Emergency Response Provider’s, Critical Infastructure, Appropriate Congressional Committee,Judicial Branch,Legislaure ,and more can prove Macon Ga.Entire Bibb County Government Directory(Except Me ,Barack Obama,Bill Clinton,.J.F.K.Jr.,Abraham Lincoln,Me and Barack Obama and our administration) and their Intern’s,Partner and Stakeholder’s, administration’s, staff and faculty’s, employee’s,executive board member’s,director’s,business community,first responder’s,media/press/radio and news station’s(Fox24 News ,92.3,97.9,107.1,13WMAZ,BET,Oprah Winfrey,CNN,and more who been violating my United States Constitution first and six amendment right since 1996 particpating-conspirator’s-aiding and abetting-fugitives from justice-and more currently sending conspiracies-attempts-solicitationto network’s as ususal menattlly abusing themselves committing genocide to themselves and those who operate Macon Ga.wiretap order and more),Volunteer Groups,General Public (Except Me,My Family/Extended Family and Olgethrope Community victim’s and witnesses),The Department of Family and Children Services, Transco Plant Railroad still part of macon ga.business communitymerged into Florida Railroad-Georgia Southern railroad-and Norfolk Southern railroad,and more committing Genocide ,Kidnaping for ransom,Murder,Violation of privacy and eavesdropping,Involuntary Servitude ,and more to Me ,My family/Extended family and Olgethrope Community Victim’s and Witnesses since 1965 and presently!Instead of those who operate Macon Georgia Wiretap Order slandering,threatening-stalking-harassment communication –domestic violence,retalitation against victim’s and witnesses,Breach of Peace(Macon ga.senator’s and congress here in Macon Georgia been violated their oath of office since they been getting notified in person since 1996 just like Macon georgia mayor),and more saying I’m on the Internet Press and Wire/Electronic Communication Wiretap Order lying talking about I’m hanging around people with money!They can talk about aiding and abetting,violation of privacy and eavesdropping,genocide,violation of oath of office,false statement’s,child abuse,perjury,conspiracies-attempts-solicitation’s,retalitation against victim’s and witnesses,involuntary servitude,and more!

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

18 USC § 1091 - Genocide

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;

 

(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

(4)subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

 

(5)imposes measures intended to prevent births within the group; or

 

(6)transfers by force children of the group to another group;

 

shall be punished as provided in subsection (b).

 

(b) Punishment for Basic Offense.— The punishment for an offense under subsection (a) is—

 

(1)in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

 

(2)a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

 

(c) Incitement Offense.— Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

 

(d) Attempt and Conspiracy.— Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

 

(e) Jurisdiction.— There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—

 

(1)the offense is committed in whole or in part within the United States; or

 

(2)regardless of where the offense is committed, the alleged offender is—

 

(A)a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(B)an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(C)a stateless person whose habitual residence is in the United States; or

 

(D)present in the United States.

 

(f) Nonapplicability of Certain Limitations.— Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

 

18 USC § 2518 - Procedure for interception of wire, oral, or electronic communications

 

  • US Code

 

  • Notes

 

  • Updates

 

  • Authorities (CFR)

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(1)Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:

 

(a)the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;

 

(b)a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including

 

(i)details as to the particular offense that has been, is being, or is about to be committed,

 

(ii)except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted,

 

(iii)a particular description of the type of communications sought to be intercepted,

 

(iv)the identity of the person, if known, committing the offense and whose communications are to be intercepted;

 

(c)a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

 

(e)a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and

 

(f)where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

 

(2)The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

 

(3)Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that—

 

(a)there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;

 

(b)there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;

 

(c)normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.

 

(4)Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify—

 

(a)the identity of the person, if known, whose communications are to be intercepted;

 

(b)the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

 

(c)a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

 

(d)the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

 

(e)the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

 

An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.

 

(5)No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

 

(6)Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.

 

(7)Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that—

 

(a)an emergency situation exists that involves—

 

(i)immediate danger of death or serious physical injury to any person,

 

(ii)conspiratorial activities threatening the national security interest, or

 

(iii)conspiratorial activities characteristic of organized crime,

 

that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and

 

(b)there are grounds upon which an order could be entered under this chapter to authorize such interception,

 

may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application.

 

(8)

 

(a)The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) ofsection 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) ofsection 2517.

 

(b)Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

 

(c)Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.

 

(d)Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 2518(7)(b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of—

 

(1)the fact of the entry of the order or the application;

 

(2)the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

 

(3)the fact that during the period wire, oral, or electronic communications were or were not intercepted.

 

The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.

 

(9)The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

 

(10)

 

(a)Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that—

 

(i)the communication was unlawfully intercepted;

 

(ii)the order of authorization or approval under which it was intercepted is insufficient on its face; or

 

(iii)the interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been

obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

 

(b)In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

 

(c)The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications.

 

(11)The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if—

 

(a)in the case of an application with respect to the interception of an oral communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

 

(iii)the judge finds that such specification is not practical; and

 

(b)in the case of an application with respect to a wire or electronic communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility;

 

(iii)the judge finds that such showing has been adequately made; and

 

(iv)the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

 

(12)An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.

 

New York Laws

 

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New York Laws

 

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

 

Article 250 - NY Penal Law

 

OFFENSES AGAINST THE RIGHT TO PRIVACY

 

250.00Eavesdropping; definitions of terms.

 

250.05Eavesdropping. E FELONY

 

250.10 Possession of eavesdropping devices. A MISD

 

250.15Failure to report wiretapping. B MISD

 

250.20Divulging an eavesdropping warrant. A MISD

 

250.25Tampering with private communications. B MISD

 

250.30Unlawfully obtaining communications information. A MISD

 

250.35Failing to report criminal communications. B MISD

 

250.40Unlawful surveillance; definitions.

 

250.45Unlawful surveillance in the second degree. E FELONY

 

250.50Unlawful surveillance in the first degree. D FELONY

 

250.55Dissemination of an unlawful surveillance

 

image in the second degree. A MISD

 

250.60Dissemination of an unlawful surveillance

 

image in the first degree. E FELONY

 

250.65Additional provisions.

 

 

 

S 250.00 Eavesdropping; definitions of terms.

 

The following definitions are applicable to this article:

 

1. "Wiretapping" means the intentional overhearing or recording of a

 

telephonic or telegraphic communication by a person other than a sender

 

or receiver thereof, without the consent of either the sender or

 

receiver, by means of any instrument, device or equipment. The normal

 

operation of a telephone or telegraph corporation and the normal use of

 

the services and facilities furnished by such corporation pursuant to

 

its tariffs or necessary to protect the rights or property of said

 

corporation shall not be deemed "wiretapping."

 

2. "Mechanical overhearing of a conversation" means the intentional

 

overhearing or recording of a conversation or discussion, without the

 

consent of at least one party thereto, by a person not present thereat,

 

by means of any instrument, device or equipment.

 

3. "Telephonic communication" means any aural transfer made in whole

 

or in part through the use of facilities for the transmission of

 

communications by the aid of wire, cable or other like connection

 

between the point of origin and the point of reception (including the

 

use of such connection in a switching station) furnished or operated by

 

any person engaged in providing or operating such facilities for the

 

transmission of communications and such term includes any electronic

 

storage of such communications.

 

4. "Aural transfer" means a transfer containing the human voice at any

 

point between and including the point of origin and the point of

 

reception.

 

5. "Electronic communication" means any transfer of signs, signals,

 

writing, images, sounds, data, or intelligence of any nature transmitted

 

in whole or in part by a wire, radio, electromagnetic, photoelectronic

 

or photo-optical system, but does not include:

 

(a) any telephonic or telegraphic communication; or

 

(b) any communication made through a tone only paging device; or

 

(c) any communication made through a tracking device consisting of an

 

electronic or mechanical device which permits the tracking of the

 

movement of a person or object; or

 

(d) any communication that is disseminated by the sender through a

 

method of transmission that is configured so that such communication is

 

readily accessible to the general public.

 

6. "Intercepting or accessing of an electronic communication" and

 

"intentionally intercepted or accessed" mean the intentional acquiring,

 

receiving, collecting, overhearing, or recording of an electronic

 

communication, without the consent of the sender or intended receiver

 

thereof, by means of any instrument, device or equipment, except when

 

used by a telephone company in the ordinary course of its business or

 

when necessary to protect the rights or property of such company.

 

7. "Electronic communication service" means any service which provides

 

to users thereof the ability to send or receive wire or electronic

 

communications.

 

8. "Unlawfully" means not specifically authorized pursuant to article

 

seven hundred or seven hundred five of the criminal procedure law for

 

the purposes of this section andsections 250.05, 250.10, 250.15,

 

250.20, 250.25, 250.30 and 250.35 of this article.

 

 

 

S 250.05 Eavesdropping.

 

A person is guilty of eavesdropping when he unlawfully engages in

 

wiretapping, mechanical overhearing of a conversation, or intercepting

 

or accessing of an electronic communication.

 

Eavesdropping is a class E felony.

 

 

 

S 250.10 Possession of eavesdropping devices.

 

A person is guilty of possession of eavesdropping devices when, under

 

circumstances evincing an intent to use or to permit the same to be used

 

in violation of section 250.05, he possesses any instrument, device or

 

equipment designed for, adapted to or commonly used in wiretapping or

 

mechanical overhearing of a conversation.

 

Possession of eavesdropping devices is a class A misdemeanor.

 

 

 

S 250.15 Failure to report wiretapping.

 

A telephone or telegraph corporation is guilty of failure to report

 

wiretapping when, having knowledge of the occurrence of unlawful

 

wiretapping, it does not report such matter to an appropriate law

 

enforcement officer or agency.

 

Failure to report wiretapping is a class B misdemeanor.

 

 

 

S 250.20 Divulging an eavesdropping warrant.

 

A person is guilty of divulging an eavesdropping warrant when,

 

possessing information concerning the existence or content of an

 

eavesdropping warrant issued pursuant to article seven hundred of the

 

criminal procedure law, or concerning any circumstances attending an

 

application for such a warrant, he discloses such information to another

 

person; except that such disclosure is not criminal or unlawful when

 

permitted by section 700.65 of the criminal procedure law or when made

 

to a state or federal agency specifically authorized by law to receive

 

reports concerning eavesdropping warrants, or when made in a legal

 

proceeding, or to a law enforcement officer or agency connected with the

 

application for such warrant, or to a legislative committee or temporary

 

state commission, or to the telephone or telegraph corporation whose

 

facilities are involved, or to any entity operating an electronic

 

communications service whose facilities are involved.

 

Divulging an eavesdropping warrant is a class A misdemeanor.

 

 

 

S 250.25 Tampering with private communications.

 

A person is guilty of tampering with private communications when:

 

1. Knowing that he does not have the consent of the sender or

 

receiver, he opens or reads a sealed letter or other sealed private

 

communication; or

 

2. Knowing that a sealed letter or other sealed private communication

 

has been opened or read in violation of subdivision one of this section,

 

he divulges without the consent of the sender or receiver, the contents

 

of such letter or communication, in whole or in part, or a resume of any

 

portion of the contents thereof; or

 

3. Knowing that he does not have the consent of the sender or

 

receiver, he obtains or attempts to obtain from an employee, officer or

 

representative of a telephone or telegraph corporation, by connivance,

 

deception, intimidation or in any other manner, information with respect

 

to the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to a law enforcement officer who obtains information from a

 

telephone or telegraph corporation pursuant to section 250.35; or

 

4. Knowing that he does not have the consent of the sender or

 

receiver, and being an employee, officer or representative of a

 

telephone or telegraph corporation, he knowingly divulges to another

 

person the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to such person when he acts pursuant to section 250.35.

 

Tampering with private communications is a class B misdemeanor.

 

 

 

S 250.30 Unlawfully obtaining communications information.

 

A person is guilty of unlawfully obtaining communications information

 

when, knowing that he does not have the authorization of a telephone or

 

telegraph corporation, he obtains or attempts to obtain, by deception,

 

stealth or in any other manner, from such corporation or from any

 

employee, officer or representative thereof:

 

1. Information concerning identification or location of any wires,

 

cables, lines, terminals or other apparatus used in furnishing telephone

 

or telegraph service; or

 

2. Information concerning a record of any communication passing over

 

telephone or telegraph lines of any such corporation.

 

Unlawfully obtaining communications information is a class B

 

misdemeanor.

 

 

 

S 250.35 Failing to report criminal communications.

 

1. It shall be the duty of a telephone or telegraph corporation, or an

 

entity operating an electronic communications service, and of any

 

employee, officer or representative thereof having knowledge that the

 

facilities of such corporation or entity are being used to conduct any

 

criminal business, traffic or transaction, to furnish or attempt to

 

furnish to an appropriate law enforcement officer or agency all

 

pertinent information within his possession relating to such matter, and

 

to cooperate fully with any law enforcement officer or agency

 

investigating such matter.

 

2. A person is guilty of failing to report criminal communications

 

when he knowingly violates any duty prescribed in subdivision one of

 

this section.

 

Failing to report criminal communications is a class B misdemeanor.

 

 

 

S 250.40 Unlawful surveillance; definitions.

 

Thefollowingdefinitionsshallapplyto sections 250.45, 250.50,

 

250.55 and 250.60 of this article:

 

1. "Place and time when apersonhasareasonableexpectationof

 

privacy"meansa place and time when a reasonable person would believe

 

that he or she could fully disrobe in privacy.

 

2. "Imagingdevice"meansanymechanical,digitalorelectronic

 

viewingdevice, camera, cellular phone or any other instrument capable

 

of recording, storing or transmitting visual images that can be utilized

 

to observe a person.

 

3."Sexualorotherintimate parts" means the human male or female

 

genitals, pubic area or buttocks, or the female breast below the topof

 

thenipple, and shall include such part or parts which are covered only

 

by an undergarment.

 

4. "Broadcast" means electronically transmitting a visualimagewith

 

the intent that it be viewed by a person.

 

5."Disseminate"means to give, provide, lend, deliver, mail, send,

 

forward, transfer or transmit, electronically orotherwisetoanother

 

person.

 

6."Publish" means to (a) disseminate, as defined in subdivision five

 

ofthissection,withtheintent thatsuchimageorimagesbe

 

disseminated to ten or more persons; or (b) disseminate with theintent

 

thatsuchimagesbesoldbyanotherperson; or (c) post, present,

 

display, exhibit, circulate, advertise or allows access,electronically

 

orotherwise, so as to make an image or images available to the public;

 

or (d) disseminate with the intent that an image orimagesbeposted,

 

presented,displayed,exhibited,circulated,advertisedormade

 

accessible, electronically or otherwise and to make such image or images

 

available to the public.

 

7. "Sell" means to disseminate to another person, as defined in

 

subdivisionfiveofthissection,ortopublish,asdefinedin

 

subdivision six of this section, in exchange for something of value.

 

 

 

S 250.45 Unlawful surveillance in the second degree.

 

A person is guilty of unlawful surveillance in the second degree when:

 

1.Forhis or her own, or another person's amusement, entertainment,

 

or profit, or for the purpose of degrading or abusing aperson,heor

 

sheintentionallyusesorinstalls,orpermitsthe utilization or

 

installation of an imaging device to surreptitiously view, broadcastor

 

recordaperson dressing or undressing or the sexual or other intimate

 

parts of such person ataplaceandtimewhensuchpersonhasa

 

reasonableexpectationofprivacy, without such person's knowledge or

 

consent; or

 

2. For his or her own, or another person's sexualarousalorsexual

 

gratification,he or she intentionally uses or installs, or permits the

 

utilization or installation ofanimagingdevicetosurreptitiously

 

view,broadcast or record a person dressing or undressing or the sexual

 

or other intimate parts of such person at a placeandtimewhensuch

 

personhasareasonable expectation of privacy, without such person's

 

knowledge or consent; or

 

3. (a) For no legitimate purpose, heorsheintentionallyusesor

 

installs,orpermitstheutilizationorinstallation of an imaging

 

device to surreptitiously view,broadcastorrecordapersonina

 

bedroom,changingroom,fittingroom,restroom,toilet,bathroom,

 

washroom, shower or any room assigned to guests or patrons inamotel,

 

hotel or inn, without such person's knowledge or consent.

 

(b)Forthepurposesofthissubdivision,when a person uses or

 

installs, or permits theutilizationorinstallationofanimaging

 

deviceinabedroom,changingroom, fitting room, restroom, toilet,

 

bathroom, washroom, shower or any room assigned to guests or patronsin

 

ahotel,motelorinn,thereis a rebuttable presumption that such

 

person did so for no legitimate purpose; or

 

4.Withouttheknowledgeorconsentofaperson,heorshe

 

intentionallyusesorinstalls,orpermitstheutilizationor

 

installation of an imaging device to surreptitiously view, broadcastor

 

record,undertheclothingbeingworn by such person, the sexual or

 

other intimate parts of such person.

 

Unlawful surveillance in the second degree is a class E felony.

 

 

 

S 250.50 Unlawful surveillance in the first degree.

 

Apersonis guilty of unlawful surveillance in the first degree when

 

he or she commits the crimeofunlawfulsurveillanceinthesecond

 

degreeandhasbeen previously convicted within the past ten years of

 

unlawful surveillance in the first or second degree.

 

Unlawful surveillance in the first degree is a class D felony.

 

 

 

S 250.55 Dissemination of an unlawful surveillance image in the second

 

degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

intheseconddegreewhenhe or she, with knowledge of the unlawful

 

conduct by which an image or images ofthesexualorotherintimate

 

partsofanotherpersonorpersonswere obtained and such unlawful

 

conduct would satisfy the essential elements of thecrimeofunlawful

 

surveillanceinthe first or second degree, intentionally disseminates

 

such image or images.

 

Dissemination of an unlawful surveillance image in theseconddegree

 

is a class A misdemeanor.

 

 

 

S 250.60 Dissemination of an unlawful surveillance image in the first degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

in the first degree when:

 

1. He or she, with knowledge of the unlawful conduct by which an image

 

orimagesofthesexual or other intimate parts of another person or

 

persons were obtainedandsuchunlawfulconductwouldsatisfythe

 

essential elements of the crime of unlawful surveillance in the first or

 

second degree, sells or publishes such image or images; or

 

2.Having created a surveillance image in violation of section 250.45

 

or 250.50 of this article, or in violationofthelawinanyother

 

jurisdiction which includes all of the essential elements of either such

 

crime,orhaving acted as an accomplice to such crime, or acting as an

 

agent to the person who committed such crime, heorsheintentionally

 

disseminates such unlawfully created image; or

 

3.Heorshecommitsthecrimeofdissemination of an unlawful

 

surveillanceimageintheseconddegreeandhasbeenpreviously

 

convictedwithinthepasttenyears of dissemination of an unlawful

 

surveillance image in the first or second degree.

 

Dissemination of an unlawful surveillance image in the first degree is

 

a class E felony.

 

 

 

S 250.65 Additional provisions.

 

1.Theprovisionsofsections 250.45, 250.50, 250.55 and 250.60 of

 

this article do not apply withrespecttoany:(a)lawenforcement

 

personnelengagedintheconductoftheirauthorizedduties; (b)

 

security system wherein a written notice is conspicuously posted onthe

 

premises stating that a video surveillance system has been installed for

 

thepurpose of security; or (c) video surveillance devices installed in

 

such a manner that their presence is clearly and immediately obvious.

 

2. With respect to sections 250.55 and 250.60ofthisarticle,the

 

provisions of subdivision two of section 235.15 and subdivisions one and

 

two of section 235.24 of this chapter shall apply.

 

45-5-305. Subjecting another to involuntary servitude -- definitions. (1) A person commits the offense of subjecting another to involuntary servitude if the person purposely or knowingly obtains or maintains the forced labor or services of another person by any of the following actions or by threatening any of the following actions:
(a) causing physical harm to any person;
(b) damaging or destroying the property of any person;
(c) physically restraining another person;
(d) abusing the law or legal process;
(e) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of another person;
(f) blackmail; or
(g) causing financial harm to any person or using financial control over any person.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of subjecting another to involuntary servitude shall be imprisoned in the state prison for a term of not more than 10 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of subjecting another to involuntary servitude, if the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide, shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 100 years and may be fined not more than $50,000.
(3) As used in this part, unless the context requires otherwise, the following definitions apply:
(a) "Blackmail" means an unlawful demand of money, property, or services under threat to accuse another person of a crime or to expose any secret tending to subject a person to hatred, contempt, or ridicule.
(b) "Commercial sexual activity" means any sex act or simulated sex act, including sexually explicit performances, for which anything of value is given, promised to, or received directly or indirectly by any person.
(c) "Financial harm" includes employment contracts that violate 28-2-903, taking, receiving, reserving, or charging a rate of interest greater than is allowed by31-1-107, and defrauding creditors as defined in 45-6-315.
(d) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through violation of subsection (1).
(e) "Labor" means work of economic or financial value.
(f) "Maintain" means to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform that type of service.
(g) "Obtain" means to secure the performance of labor or services.
(h) "Services" means acts committed at the direction of, at the request of, under the supervision of, or for the benefit of another, including commercial sexual activity.
(i) "Sexually explicit performances" means live, public, private, photographed, recorded, or videotaped acts or simulated acts intended to sexually arouse, satisfy the sexual desires of, or appeal to the prurient interests of any person.

 

18 USC § 245 - Federally protected activities

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a)

 

(1)Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.

 

(2)Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

 

(b)Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—

 

(1)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;

 

(D)serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;

 

(E)participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or

 

(2)any person because of his race, color, religion or national origin and because he is or has been—

 

(A)enrolling in or attending any public school or public college;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;

 

(D)serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror;

 

(E)traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;

 

(F)enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and

 

(i)which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and

 

(ii)which holds itself out as serving patrons of such establishments; or

 

(3)during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or

 

(4)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or

 

(B)affording another person or class of persons opportunity or protection to so participate; or

 

(5)any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate—

 

shall be fined under this title, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. As used in this section, the term “participating lawfully in speech or peaceful assembly” shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence.

 

(c)Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State.

 

(d)For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

 

18 USC § 242 - Deprivation of rights under color of law

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

Title VII of the Civil Rights Act of 1964

 

EDITOR'S NOTE: The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.

 

 

An Act

 

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.

 

* * *

 

DEFINITIONS

 

SEC. 2000e. [Section 701]

 

For the purposes of this subchapter-

 

(a) The term “person”includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-­stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 [originally, bankruptcy ], or receivers.

 

(b) The term “employer”means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5 [United States Code]), or

 

(2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26 [the Internal Revenue Code of 1986], except that during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty-­five employees (and their agents) shall not be considered employers.

 

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

 

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

 

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-­five or more during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], or (B) fifteen or more thereafter, and such labor organization-

 

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.];

 

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

 

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

 

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

 

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

 

(f) The term “employee”means an individual employed by an employer, except that the term “employee”shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.

 

(g) The term “commerce”means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

 

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-­Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity.

 

(i) The term “State”includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].

 

(j) The term “religion”includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.

 

(k) The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-­related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)] shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

 

(l) The term “complaining party” means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter.

 

(m) The term“demonstrates” means meets the burdens of production and persuasion.

 

(n) The term “respondent”means an employer, employment agency, labor organization, joint labor ­management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16 of this title.

 

APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT

 

SEC. 2000e-1. [Section 702]

 

(a) Inapplicability of subchapter to certain aliens and employees of religious entities

 

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

 

(b) Compliance with statute as violative of foreign law

 

It shall not be unlawful under section 2000e-2 or 2000e-3 of this title [section 703 or 704] for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor­-management committee controlling apprenticeship or other training or retraining (including on-­the-­job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

 

(c) Control of corporation incorporated in foreign country

 

(1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title [section 703 or 704] engaged in by such corporation shall be presumed to be engaged in by such employer.

 

(2) Sections 2000e-2 and 2000e-3 of this title [sections 703 and 704] shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

 

(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on-

 

(A) the interrelation of operations;

 

(B) the common management;

 

(C) the centralized control of labor relations; and

 

(D) the common ownership or financial control, of the employer and the corporation.

 

UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-2. [Section 703]

 

(a) Employer practices

 

It shall be an unlawful employment practice for an employer -

 

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

 

(b) Employment agency practices

 

It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

 

(c) Labor organization practices

 

It shall be an unlawful employment practice for a labor organization-

 

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

 

(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

 

(d) Training programs

 

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

 

(e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion

 

Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor­ management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

 

(f) Members of Communist Party or Communist-action or Communist-front organizations

 

As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor­ management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist­-action or Communist-­front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.].

 

(g) National security

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if-

 

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

 

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

 

(h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of the Labor Standards Act of 1938, as amended].

 

(i) Businesses or enterprises extending preferential treatment to Indians

 

Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

 

(j) Preferential treatment not to be granted on account of existing number or percentage imbalance

 

Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-­management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

 

(k) Burden of proof in disparate impact cases

 

(1) (A) An unlawful employment practice based on disparate impact is established under this subchapter only if-

 

(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

 

(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

 

(B) (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.

 

(ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

 

(C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of “alternative employment practice”.

 

(2) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter.

 

(3) Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.] or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

 

(l) Prohibition of discriminatory use of test scores

 

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

 

(m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices

 

Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

 

(n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders

 

(1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

 

(B) A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws-

 

(i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had-

 

(I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

 

(II) a reasonable opportunity to present objections to such judgment or order; or

 

(ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

 

(2) Nothing in this subsection shall be construed to-

 

(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

 

(B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

 

(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

 

(D) authorize or permit the denial to any person of the due process of law required by the Constitution.

 

(3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of Title 28 [United States Code].

 

OTHER UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-3. [Section 704]

 

(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings

 

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on—the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

 

(b) Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception

 

It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor­-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 

SEC. 2000e-4. [Section 705]

 

(a) Creation; composition; political representation; appointment; term; vacancies; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel

 

There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b) of this section, shall appoint, in accordance with the provisions of Title 5 [United States Code] governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges [originally, hearing examiners], and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 [United States Code], relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges [originally, hearing examiners] shall be in accordance with sections 3105, 3344, 5372, and 7521 of Title 5 [United States Code].

 

(b) General Counsel; appointment; term; duties; representation by attorneys and Attorney General

 

(1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title [sections 706 and 707]. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified.

 

(2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter.

 

(c) Exercise of powers during vacancy; quorum

 

A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

 

(d) Seal; judicial notice

 

The Commission shall have an official seal which shall be judicially noticed.

 

(e) Reports to Congress and the President

 

The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken [originally, the names, salaries, and duties of all individuals in its employ] and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

 

(f) Principal and other offices

 

The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter.

 

(g) Powers of Commission

 

The Commission shall have power-

 

(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

 

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

 

(3) to furnish to persons subject to this subchapter such technical assistance as they may request to further their compliance with this subchapter or an order issued thereunder;

 

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this subchapter, to assist in such effectuation by conciliation or such other remedial action as is provided by this subchapter;

 

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this subchapter and to make the results of such studies available to the public;

 

(6) to intervene in a civil action brought under section 2000e-5 of this title [section 706]by an aggrieved party against a respondent other than a government, governmental agency or political subdivision.

 

(h) Cooperation with other departments and agencies in performance of educational or promotional activities; outreach activities

 

(1) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

 

(2) In exercising its powers under this subchapter, the Commission shall carry out educational and outreach activities (including dissemination of information in languages other than English) targeted to-

 

(A) individuals who historically have been victims of employment discrimination and have not been equitably served by the Commission; and

 

(B) individuals on whose behalf the Commission has authority to enforce any other law prohibiting employment discrimination, concerning rights and obligations under this subchapter or such law, as the case may be.

 

(i) Personnel subject to political activity restrictions

 

All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 7324 of Title 5 [originally, section 9 of the Act of August 2, 1939, as amended (the Hatch Act)], notwithstanding any exemption contained in such section.

 

(j) Technical Assistance Training Institute

 

(1) The Commission shall establish a Technical Assistance Training Institute, through which the Commission shall provide technical assistance and training regarding the laws and regulations enforced by the Commission.

 

(2) An employer or other entity covered under this subchapter shall not be excused from compliance with the requirements of this subchapter because of any failure to receive technical assistance under this subsection.

 

(3) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1992.

 

(k) EEOC Education, Technical Assistance, and Training Revolving Fund

 

(1) There is hereby established in the Treasury of the United States a revolving fund to be known as the “EEOC Education, Technical Assistance, and Training Revolving Fund”(hereinafter in this subsection referred to as the “Fund”) and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes.

 

(2)(A) The Commission shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and training provided with monies in the Fund. Such fees for any education, technical assistance, or training--

 

(i) shall be imposed on a uniform basis on persons and entities receiving such education, assistance, or training,

 

(ii) shall not exceed the cost of providing such education, assistance, and training, and

 

(iii) with respect to each person or entity receiving such education, assistance, or training, shall bear a reasonable relationship to the cost of providing such education, assistance, or training to such person or entity.

 

(B) Fees received under subparagraph (A) shall be deposited in the Fund by the Commission.

 

(C) The Commission shall include in each report made under subsection (e) of this section information with respect to the operation of the Fund, including information, presented in the aggregate, relating to--

 

(i) the number of persons and entities to which the Commission provided education, technical assistance, or training with monies in the Fund, in the fiscal year for which such report is prepared,

 

(ii) the cost to the Commission to provide such education, technical assistance, or training to such persons and entities, and

 

(iii) the amount of any fees received by the Commission from such persons and entities for such education, technical assistance, or training.

 

(3) The Secretary of the Treasury shall invest the portion of the Fund not required to satisfy current expenditures from the Fund, as determined by the Commission, in obligations of the United States or obligations guaranteed as to principal by the United States. Investment proceeds shall be deposited in the Fund.

 

(4) There is hereby transferred to the Fund $1,000,000 from the Salaries and Expenses appropriation of the Commission.

 

ENFORCEMENT PROVISIONS

 

SEC. 2000e-5. [Section 706]

 

(a) Power of Commission to prevent unlawful employment practices

 

The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title [section 703 or 704].

 

(b) Charges by persons aggrieved or member of Commission of unlawful employment practices by employers, etc.; filing; allegations; notice to respondent; contents of notice; investigation by Commission; contents of charges; prohibition on disclosure of charges; determination of reasonable cause; conference, conciliation, and persuasion for elimination of unlawful practices; prohibition on disclosure of informal endeavors to end unlawful practices; use of evidence in subsequent proceedings; penalties for disclosure of information; time for determination of reasonable cause

 

Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor­management committee controlling apprenticeship or other training or retraining, including on-­the-­job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such employer, employment agency, labor organization, or joint labor-­management committee (hereinafter referred to as the “respondent”) within ten days, and shall make an investigation thereof. Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires. Charges shall not be made public by the Commission. If the Commission determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. In determining whether reasonable cause exists, the Commission shall accord substantial weight to final findings and orders made by State or local authorities in proceedings commenced under State or local law pursuant to the requirements of subsections (c) and (d) of this section. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where applicable under subsection (c) or (d) of this section, from the date upon which the Commission is authorized to take action with respect to the charge.

 

(c) State or local enforcement proceedings; notification of State or local authority; time for filing charges with Commission; commencement of proceedings

 

In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

 

(d) State or local enforcement proceedings; notification of State or local authority; time for action on charges by Commission

 

In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

 

(e) Time for filing charges; time for service of notice of charge on respondent; filing of charge by Commission with State or local agency; seniority system

 

(1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

 

(2) For purposes of this section, an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose in violation of this subchapter (whether or not that discriminatory purpose is apparent on the face of the seniority provision), when the seniority system is adopted, when an individual becomes subject to the seniority system, or when a person aggrieved is injured by the application of the seniority system or provision of the system.

 

(3)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.

 

(B) In addition to any relief authorized by section 1977A of the Revised Statutes (42 U.S.C. 1981a), liability may accrue and an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing a charge.

 

(f) Civil action by Commission, Attorney General, or person aggrieved; preconditions; procedure; appointment of attorney; payment of fees, costs, or security; intervention; stay of Federal proceedings; action for appropriate temporary or preliminary relief pending final disposition of charge; jurisdiction and venue of United States courts; designation of judge to hear and determine case; assignment of case for hearing; expedition of case; appointment of master

 

(1) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) or (d) of this section, the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission may bring a civil action against any respondent not a government, governmental agency, or political subdivision named in the charge. In the case of a respondent which is a government, governmental agency, or political subdivision, if the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission shall take no further action and shall refer the case to the Attorney General who may bring a civil action against such respondent in the appropriate United States district court. The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision. If a charge filed with the Commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such charge or the expiration of any period of reference under subsection (c) or (d) of this section, whichever is later, the Commission has not filed a civil action under this section or the Attorney General has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved or (B) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance.

 

(2) Whenever a charge is filed with the Commission and the Commission concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this Act, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure. It shall be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases to be in every way expedited.

 

(3) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of Title 28 [United States Code], the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

 

(4) 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.

 

(5) It shall be the duty of the judge designated pursuant to this subsection to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. If such judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to rule 53 of the Federal Rules of Civil Procedure.

 

(g) Injunctions; appropriate affirmative action; equitable relief; accrual of back pay; reduction of back pay; limitations on judicial orders

 

(1) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

 

(2) (A) No order of the court shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, or national origin or in violation of section 2000e-3(a) of this Title [section 704(a)].

 

(B) On a claim in which an individual proves a violation under section 2000e-2(m) of this title [section 703(m)] and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-

 

(i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m) of this title [section 703(m)]; and

 

(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).

 

(h) Provisions of chapter 6 of Title 29 not applicable to civil actions for prevention of unlawful practices

 

The provisions of chapter 6 of title 29 [the Act entitled“An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 105-115)] shall not apply with respect to civil actions brought under this section.

 

(i) Proceedings by Commission to compel compliance with judicial orders In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission may commence proceedings to compel compliance with such order.

 

(j) Appeals

 

Any civil action brought under this section and any proceedings brought under subsection (i) of this section shall be subject to appeal as provided in sections 1291 and 1292, Title 28 [United States Code].

 

(k) Attorney’s fee; liability of Commission and United States for costs

 

In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

 

CIVIL ACTIONS BY THE ATTORNEY GENERAL

 

SEC. 2000e-6. [Section 707]

 

(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 offunctions, etc., to Commission; effective date; prerequisite to transfer; execution of functions by Commission

 

Effective two years after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], the functions of theAttorney 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 [United States Code], 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 date of enactment of the Equal Employment Opportunity Act of 1972], the Commission shall haveauthority to investigate and act on a charge of a pattern or practice ofdiscrimination, whether filed by or on behalf of a person claiming to beaggrieved or by a member of the Commission. All such actions shall beconducted in accordance with the procedures set forth in section 2000e-5of this title [section 706].

 

EFFECT ON STATE LAWS

 

SEC. 2000e-7. [Section 708]

 

Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.

 

INVESTIGATIONS

 

SEC. 2000e-8. [Section 709]

 

(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 [section 706], 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.

 

CONDUCT OF HEARINGS AND INVESTIGATIONS PURSUANT TO SECTION 161 OF Title 29

 

SEC. 2000e-9. [Section 710]

 

For the purpose of all hearings and investigations conducted by the Commission or its duly authorized agents or agencies, section 161 of Title 29 [section 11 of the National Labor Relations Act] shall apply.

 

POSTING OF NOTICES; PENALTIES

 

SEC. 2000e-10. [Section 711]

 

(a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint.

 

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

 

VETERANS’SPECIAL RIGHTS OR PREFERENCE

 

SEC. 2000e-11. [Section 712]

 

Nothing contained in this subchapter shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

 

REGULATIONS; CONFORMITY OF REGULATIONS WITH ADMINISTRATIVE PROCEDURE PROVISIONS; RELIANCE ON INTERPRETATIONS AND INSTRUCTIONS OF COMMISSION

 

SEC. 2000e-12. [Section 713]

 

(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 [originally, the Administrative Procedure Act].

 

(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.

 

APPLICATION TO PERSONNEL OF COMMISSION OF SECTIONS 111 AND 1114 OF TITLE 18; PUNISHMENT FOR VIOLATION OF SECTION 1114 OF TITLE 18

 

SEC. 2000e-13. [Section 714]

 

The provisions of sections 111 and 1114, Title 18 [United States Code], shall apply to officers, agents, and employees of the Commission in the performance of their official duties. Notwithstanding the provisions of sections 111 and 1114 of Title 18 [United States Code], whoever in violation of the provisions of section 1114 of such title kills a person while engaged in or on account of the performance of his official functions under this Act shall be punished by imprisonment for any term of years or for life.

 

TRANSFER OF AUTHORITY

 

[Administration of the duties of theEqual Employment Opportunity Coordinating Council was transferred to the Equal Employment Opportunity Commission effective July 1, 1978, under the President's Reorganization Plan of 1978.]

EQUAL EMPLOYMENT OPPORTUNITY COORD

INATING COUNCIL; ESTABLISHMENT; COMPOSITION; DUTIES; REPORT TO PRESIDENT AND CONGRESS

 

SEC. 2000e-14. [Section 715]

 

[Original introductory text: There shall be established an Equal Employment Opportunity Coordinating Council (hereinafter referred to in this section as the Council) composed of the Secretary of Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission, and the Chairman of the United States Civil Rights Commission, or their respective delegates.]

 

The Equal Employment Opportunity Commission [originally, Council] shall have the responsibility for developing and implementing agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the various departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies. On or before October 1 [originally, July 1] of each year, the Equal Employment Opportunity Commission [originally, Council] shall transmit to the President and to the Congress a report of its activities, together with such recommendations for legislative or administrative changes as it concludes are desirable to further promote the purposes of this section.

 

PRESIDENTIAL CONFERENCES; ACQUAINTANCE OF LEADERSHIP WITH PROVISIONS FOR EMPLOYMENT RIGHTS AND OBLIGATIONS; PLANS FOR FAIR ADMINISTRATION; MEMBERSHIP

 

SEC. 2000e-15. [Section 716]

 

[Original text: (a) This title shall become effective one year after the date of its enactment.

 

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

 

(c)]The President shall, as soon as feasible after July 2, 1964 [the date of enactment of this title], convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this subchapter to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this subchapter when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this subchapter.

 

TRANSFER OF AUTHORITY

 

[Enforcement of Section 717 was transferred to the Equal EmploymentOpportunity Commission from the Civil Service Commission (Office of Personnel Management) effective January 1, 1979 under the President’s Reorganization Plan No. 1 of 1978.]

 

EMPLOYMENT BY FEDERAL GOVERNMENT

 

SEC. 2000e-16. [Section 717]

 

(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 [United States Code], in executive agencies [originally, other than the General Accounting Office]as defined in section 105 of Title 5 [United States Code] (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Printing Office, the Government Accountability Office, and 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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[section 706], 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 [section 706(f) through (k)], 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.

 

(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.

 

(f) Section 2000e-5(e)(3)[Section 706(e)(3)] shall apply to complaints of discrimination in compensation under this section.

 

PROCEDURE FOR DENIAL, WITHHOLDING, TERMINATION, OR SUSPENSION OF GOVERNMENT CONTRACT SUBSEQUENT TO ACCEPTANCE BY GOVERNMENT OF AFFIRMATIVE ACTION PLAN OF EMPLOYER; TIME OF ACCEPTANCE OF PLAN

 

SEC. 2000e-17. [Section 718]

 

No Government contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such employer has an affirmative action plan which has previously been accepted by the Government for the same facility within the past twelve months without first according such employer full hearing and adjudication under the provisions of section 554 of Title 5 [UnitedStates Code], and the following pertinent sections: Provided, That if such employer has deviated substantially from such previously agreed to affirmative action plan, this section shall not apply: Provided further, That for the purposes of this section an affirmative action plan shall be deemed to have been accepted by the Government at the time the appropriate compliance agency has accepted such plan unless within forty-five days thereafter the Office of Federal Contract Compliance has disapproved such plan.

 

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18 USC § 246 - Deprivation of relief benefits

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

 

 

Duty to Report Suspected Child Abuse Under 42 U.S.C. § 13031 Under 42 U.S.C. § 13031—a provision of the Victims of Child Abuse Act of 1990—all covered professionals who learn of suspected child abuse while engaged in enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. The fact that a patient has viewed child pornography may “give reason to suspect that a child has suffered an incident of child abuse” under the statute, and a covered professional is not relieved of an obligation to report the possible abuse simply because neither the covered professional nor the patient knows the identity of the child depicted in the pornography. May 29, 2012 MEMORANDUM OPINION FOR THE GENERALCOUNSELUNITEDSTATESDEPARTMENT OF VETERANSAFFAIRSSection 13031 of title 42, a provision in the Victims of Child Abuse Act of 1990 (“VCAA” or “Act”), Pub. L. No. 101-647, tit. II, § 226, 104 Stat. 4789, 4806, requires persons engaged in certain activities and professions on federal lands or in federal facilities to report “facts that give reason to suspect that a child has suffered an incident of child abuse” if they learn such facts in the course of their professional activities. Failure to make a report required by section 13031 could subject such persons to criminal penalties. See 18 U.S.C. § 2258 (2006). You have raised two questions about the scope of section 13031. See Letter for the Honorable Eric Holder, Attorney General, from Will A. Gunn, General Counsel, Department of Veterans Affairs (Nov. 9, 2009) (“VA Letter”). First, you have asked whether section 13031’s reporting requirement is limited to situations in which the suspected victim of child abuse is cared for or resides on federal land or in a federal facility. We conclude that it is not. Instead, under the VCAA, all persons who learn of suspected child abuse (as defined by the Act) while engaged in the enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. We recognize that the scope of some of the statutory language may be ambiguous, and that narrower readings of the reporting require-ment find some support in certain of the statute’s provisions. But we believe that section 13031, read as a whole and in light of its purpose, is best interpreted broadly. Second, you have inquired whether the VCAA’s reporting obligation is trig-gered when a person covered by section 13031 learns that a patient under his or her care has viewed child pornography, even if the person does not know, and has no reason to believe the patient knows, the identity of the child or children depicted in the pornography. We conclude that the fact that a patient has viewed child pornography may be a “fact[] . . . giv[ing] reason to suspect that a child has 1

 

I'm poor with a wiretap order on me !Tupac and Biggie rich and had one them too so killed them!Dr.Martin .L.King Jr and Malcolm X both had a wiretap order on them we know who murdered them!Who murdered President Commander in Cheif 's J.F.K.Jr. and Abraham Lincoln!Everybody rich,middle,and poor class a wiretap order on ya'll!Fuck this shit!Gag Order means a person or persons cooperating a wiretap order on you can't tell you they're basically Informant's and Unidercover's!Steve Johnson murder is a justifiable homicide legally looking at all the way around!My kidnapping for ransom isn't justifiable so the entire time they've been aiding and abetting and more macon ga. judge's who have to the approve the wiretap order and they're anti-christ fugitives from justice crew they caught on wiretap order !President Commader Chief Barack Obama have they ass locked for my Christamas gift that 's a good Christamas gift for me from you !
Now how does Macon ga.Judge's,prosecuting Attorney's,law enforcement,governmental agency's,Bibb County Sheriff Department,Macon Georgia Police Department,FBI,andGBI plan on explaining not seeing me in person at the Macon Georgia 2005 FBI Agent name Adam Preston and Atlanta FBI 2007 while those who operate Macon Ga.Wiretap Order committ Criminal Defamation and more with Internet 2007-2009 BET-CNN-PLiesworld-Grandhustle Entertainment Forumroom heatherb and I-106 and Parks Nations BET Rocsi 106 and Parks Community website-and more Electronic /Wire Communication wiretap Order from Jena 6 Micheal Bell and more!How those who operate plan explaining to the Executive Branch President Commander in Chief Barack Obama and I we're apart of their criminal activity and committing Treason,Genocide,bribery,and more to our american people!Who in they right mind can block somebody from getting justice!I can't block those who operate Macon Ga.wiretap order judge's, prosecuting attorney's,law enforcement,governmental agency's, FBI,GBI,Macon Ga.Police DEpartment,and Bibb County Sheriff Department from making arrest's,conviction's ,and sentences to those involved in committing crime's to My Family/Extended Family and Olgethrope Community Victim's and witnesses!The only reason I said I'd do it myself is because they've been committing Involuntary Servitude,failure to investigate, Genocide,and more since I under the age of 18 years old and I'm 30 years old now !I fell in love with law only in the meantime while they're getting arrested,convicted and sentenced for breaking the law!I'll be keeping God first! 1.Get my GED(got it) 2.Get my license to practice law(studying for my SAT ,ACT,and LSAT Test to get accepted in Harvard Law College and prepared to take the Bar to get my license to practice law) 3.Start my own law firm and Non-Profit Organization 4.Be a license to practice law attorney taking pro buno cases 5.Be a license to practice law judge!Wire Communication wiretap Order(parabolic microphone hidden within resident's,telephone,internet/computer) operated by Law Enforcement ,Police's and Sheriff Department's, FBi,GBI,and Governmental Agency's!Macon ga.got played it's to late ya'll done sent ya'll conspiracies-attempts-and solicitation's either way violation of Privacy and eavesdropping charges and more sticking !Macon Ga.Oral Communication Wiretap Order is made up of Informant's and Undercover's these are the anti-christ fugitives from justice they saying everyday the LORD thy God isn't real and they tell me I don't have no help !Macon Ga.Electronic Communication Wiretap is made up of e-mail's, and Internet activitiy!Mercer College is partner and stakeholder's and Intern's with City of Macon Ga., Macon Ga.Indigent Defense,Macon Ga.Local Government -Emergency Response Provider's-Critical Infastructure-Appropriate Congressional Committee-The Medical Center-and more so when they locked the door's at Mercer Law Library in 2009 keeping general public I knew automatically Mercer College Administartion got it!Macon Georgia and Middle Ga.General Public isn't one my late grandfather United States Veteran Alex Harris Jr. and sister Grandma Mrs.Mattie Lee Gibson Harris children or my late grandfather United States Veteran Alex Harris Sr. and late Great Grandma Mrs.Gertrude Woods Harris children or my late great great grandfather United States Veteran Leonard Gibson and Great Great Grandma Mrs.Mattie Mckenzie Gibson Children or my late Great Great Great Charlie Mckenzie and Great Great Geat Grandma Mrs.Elizabeth Mckenzie Children or LORD thy God children , and My Family/Extended Family so no matter what they have to accept Virginia Harris negativity and lies those who been operating the Macon Ga.Wiretap Order been living by killed them and she got away!Ms.Blue failed to report suspected child abuse in 1996 and she's the head director of the department of family and children services!Macon Ga.is the department of family and children services security hint hint!City of Macon Georgia Police Department handled the 1965 first degree murder(and more) of United States Veteran Alex Harris Jr. at Transco Plant Railroad motive can they say false statement's,perjury,and more in both the 1996 and 1965 incident for starter's!

Proverbs 24

New King James Version (NKJV)

24 Do not be envious of evil men,
Nor desire to be with them;
2 For their heart devises violence,
And their lips talk of troublemaking.

3 Through wisdom a house is built,
And by understanding it is established;
4 By knowledge the rooms are filled
With all precious and pleasant riches.

5 A wise man is strong,
Yes, a man of knowledge increases strength;
6 For by wise counsel you will wage your own war,
And in a multitude of counselors there is safety.

7 Wisdom is too lofty for a fool;
He does not open his mouth in the gate.

8 He who plots to do evil
Will be called a schemer.
9 The devising of foolishness is sin,
And the scoffer is an abomination to men.

10 If you faint in the day of adversity,
Your strength is small.

11 Deliver those who are drawn toward death,
And hold back those stumbling to the slaughter.
12 If you say, “Surely we did not know this,”
Does not He who weighs the hearts consider it?
He who keeps your soul, does He not know it?
And will He not render to each man according to his deeds?

13 My son, eat honey because it is good,
And the honeycomb which is sweet to your taste;
14 So shall the knowledge of wisdom be to your soul;
If you have found it, there is a prospect,
And your hope will not be cut off.

15 Do not lie in wait, O wicked man, against the dwelling of the righteous;
Do not plunder his resting place;
16 For a righteous man may fall seven times
And rise again,
But the wicked shall fall by calamity.

17 Do not rejoice when your enemy falls,
And do not let your heart be glad when he stumbles;
18 Lest the Lord see it, and it displease Him,
And He turn away His wrath from him.
19 Do not fret because of evildoers,
Nor be envious of the wicked;
20 For there will be no prospect for the evil man;
The lamp of the wicked will be put out.

21 My son, fear the Lord and the king;
Do not associate with those given to change;
22 For their calamity will rise suddenly,
And who knows the ruin those two can bring?

Further Sayings of the Wise

23 These things also belong to the wise:

It is not good to show partiality in judgment.
24 He who says to the wicked, “You are righteous,”
Him the people will curse;
Nations will abhor him.
25 But those who rebuke the wicked will have delight,
And a good blessing will come upon them.

26 He who gives a right answer kisses the lips.

27 Prepare your outside work,
Make it fit for yourself in the field;
And afterward build your house.

28 Do not be a witness against your neighbor without cause,
For would you deceivea]'>[aa]'>] with your lips?
29 Do not say, “I will do to him just as he has done to me;
I will render to the man according to his work.”

30 I went by the field of the lazy man,
And by the vineyard of the man devoid of understanding;
31 And there it was, all overgrown with thorns;
Its surface was covered with nettles;
Its stone wall was broken down.
32 When I saw it, I considered it well;
I looked on it and received instruction:
33 A little sleep, a little slumber,
A little folding of the hands to rest;
34 So shall your poverty come like a prowler,
And your need like an armed man.

 

I'm not up under a gag order cooperating in no wiretap order cause me everybody has a wiretap order on them including my poor ass so they violation our privacy and eavsedropping!Can they tell us who murdered Tupac and Biggie now ?They overlooked Hurricane Katrina 2005 ,but they didn't overlook 2007-2009 Internet Wire/Electronic Communication Wiretap Order information!MaconGa.operator's of the wiretap order can't stop me /us from reporting crimes committed by them and mailing out the evidence ya'll stupid ass failed to investigate all the way round damn Terrorist muthafuckin crimes reported by telephone ,in-person,and Internet!That's why the Government hate ya'll stupid anti-christ fugitives from justice asses the punishment for Genocide is $1,000,000.00 fine including imprisonment and death!How arresting between 2005-2013 for everything not pertaining to the Ineternet Wire/Electronic Communication Wiretap Order which add's up to Kidanping for ransom,retalitation against victim's and witnesses,genocide,violation of privacy and eavesdropping,involuntary servitude, and more!I got arrested,convicted,and sentenced in 2005 for violation of Bibb County Superior Court Probation.I wasn't on it !That's why I can't be arrested like ya'll my hip-hop brother game over internet incident!Kidnaping(for ransom) is a capital offenses punishable by death crimes!The court record's to crime everybody has ! The NAACP and Black Organization's president's and Member's mad about 2007 Jena 6 wiretap order they are criminal's deprivation of rights under color of law add violation of USC42 1983 claim they taking bribes to aid and abett and more! 

 

 

Delance1000's picture

Hebrews 13:1-6

New King James Version (NKJV)

Concluding Moral Directions

13 Let brotherly love continue. 2 Do not forget to entertain strangers, for by so doing some have unwittingly entertained angels. 3 Remember the prisoners as if chained with them—those who are mistreated—since you yourselves are in the body also.

4 Marriage is honorable among all, and the bed undefiled; but fornicators and adulterers God will judge.

5 Let your conduct be without covetousness; be content with such things as you have. For He Himself has said, “I will never leave you nor forsake you.”a]'>[a] 6 So we may boldly say:

“The Lordis my helper;
I will not fear.
What can man do to me?”b]'>[

 

I was assualted yesterday by a Macon Ga.oral communication wiretap order .a.k.a.Informant’s and Undercover’s!I reported the crime to Macon Ga.Police Dept.off of Pio Nono Ave.right down the street from Kroger’s!Everyday who operate Macon Georgia Wiretap Order referring to Judge’s (have to approve wiretap order,who can’t aiding and abetting Bibb County Courthouse judge’s and more on Kindapping me for ransom and more in 2005 in Bibb County Superior Court),Law Enforcement,Bibb County Sheriff Department(who made the false statement and more in the 2000 kidnaping for ransomand more),Macon Georgia Police Department(who participated/aided and abetted/and more in 1965 first degree murder and more of my late grandfather United States Veteran Alex Harris Jr.,1996-1999 participated/committed/aided and abetted/conspirator’s/and more to Child Abuse[physically abusing me under the age of 18 years old] –failure to report child abuse-perjury-duty to report suspected child abuse-Involuntary Servitude-Kidnaping me for ransom-illegally exclusion of evidence-and more ,FBI(who been notified since by telephone about the 1996 until 2005 the crime was reported reported due to their failure to investigate referring to come to the victim’s and witnesses),GBI( been getting nothified by telephone every since the 1996 incident),United States Secret Services ( been getting notified by the telephone),Governmental Agency’s,Prosecuting Attorney’s(In person to report the crimes to Macon Georgia District Attorney’s and Federal Prosecuting Attorney’s ),and more they ‘re the ones who make the arrest’s,convict and sentences criminal’s for the law ,but in this case they’re committing the crime’s ranging from Genocide,Kidnaping for ransom,Treason,Involuntary Servitude, Criminal Defamation,Bribery,Deprivation of rights under color of law,violation of federal protected activities,aiding and abetting,violation of privacy and eavesdropping,Obstruction of free exercise of religion beliefs including kidnapping for ransom,deprivation of relief benefit’s, violation of privacy and eavesdropping, and more to member’s of me, my family/extended family and Olgethrope Community Victim’s and witnesses starting in 1965 with the first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr. at Transco Plant Railroad (USC Title 18 1091 A-1 murder members of the group)!Now since my sister Mrs.Mattie Lee Gibson Harris passing in 2009 those who operate Macon Ga. Wiretap Order including their mayor along with their NAACP and Black Organization’s President’s and Member’s now want to be our people all of a sudden!They over looking Hurricane Katrina CNN-BET-and other’s websites Press and Internet Wiretap Order where I kicked off withreporting the 2005 crimes arrest,convict,and sentence of me and I wasn’t on Probation!When you hold a person against their will illegally no matter who you it’s kidnapping and then when ask for money for their release it’s ransom!Local Government,Emergency Response Provider’s, Critical Infastructure, Appropriate Congressional Committee,Judicial Branch,Legislaure ,and more can prove Macon Ga.Entire Bibb County Government Directory(Except Me ,Barack Obama,Bill Clinton,.J.F.K.Jr.,Abraham Lincoln,Me and Barack Obama and our administration) and their Intern’s,Partner and Stakeholder’s, administration’s, staff and faculty’s, employee’s,executive board member’s,director’s,business community,first responder’s,media/press/radio and news station’s(Fox24 News ,92.3,97.9,107.1,13WMAZ,BET,Oprah Winfrey,CNN,and more who been violating my United States Constitution first and six amendment right since 1996 particpating-conspirator’s-aiding and abetting-fugitives from justice-and more currently sending conspiracies-attempts-solicitationto network’s as ususal menattlly abusing themselves committing genocide to themselves and those who operate Macon Ga.wiretap order and more),Volunteer Groups,General Public (Except Me,My Family/Extended Family and Olgethrope Community victim’s and witnesses),The Department of Family and Children Services, Transco Plant Railroad still part of macon ga.business communitymerged into Florida Railroad-Georgia Southern railroad-and Norfolk Southern railroad,and more committing Genocide ,Kidnaping for ransom,Murder,Violation of privacy and eavesdropping,Involuntary Servitude ,and more to Me ,My family/Extended family and Olgethrope Community Victim’s and Witnesses since 1965 and presently!Instead of those who operate Macon Georgia Wiretap Order slandering,threatening-stalking-harassment communication –domestic violence,retalitation against victim’s and witnesses,Breach of Peace(Macon ga.senator’s and congress here in Macon Georgia been violated their oath of office since they been getting notified in person since 1996 just like Macon georgia mayor),and more saying I’m on the Internet Press and Wire/Electronic Communication Wiretap Order lying talking about I’m hanging around people with money!They can talk about aiding and abetting,violation of privacy and eavesdropping,genocide,violation of oath of office,false statement’s,child abuse,perjury,conspiracies-attempts-solicitation’s,retalitation against victim’s and witnesses,involuntary servitude,and more!

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

18 USC § 1091 - Genocide

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;

 

(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

(4)subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

 

(5)imposes measures intended to prevent births within the group; or

 

(6)transfers by force children of the group to another group;

 

shall be punished as provided in subsection (b).

 

(b) Punishment for Basic Offense.— The punishment for an offense under subsection (a) is—

 

(1)in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

 

(2)a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

 

(c) Incitement Offense.— Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

 

(d) Attempt and Conspiracy.— Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

 

(e) Jurisdiction.— There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—

 

(1)the offense is committed in whole or in part within the United States; or

 

(2)regardless of where the offense is committed, the alleged offender is—

 

(A)a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(B)an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(C)a stateless person whose habitual residence is in the United States; or

 

(D)present in the United States.

 

(f) Nonapplicability of Certain Limitations.— Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

 

18 USC § 2518 - Procedure for interception of wire, oral, or electronic communications

 

  • US Code

 

  • Notes

 

  • Updates

 

  • Authorities (CFR)

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(1)Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:

 

(a)the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;

 

(b)a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including

 

(i)details as to the particular offense that has been, is being, or is about to be committed,

 

(ii)except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted,

 

(iii)a particular description of the type of communications sought to be intercepted,

 

(iv)the identity of the person, if known, committing the offense and whose communications are to be intercepted;

 

(c)a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

 

(e)a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and

 

(f)where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

 

(2)The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

 

(3)Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that—

 

(a)there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;

 

(b)there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;

 

(c)normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.

 

(4)Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify—

 

(a)the identity of the person, if known, whose communications are to be intercepted;

 

(b)the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

 

(c)a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

 

(d)the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

 

(e)the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

 

An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.

 

(5)No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

 

(6)Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.

 

(7)Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that—

 

(a)an emergency situation exists that involves—

 

(i)immediate danger of death or serious physical injury to any person,

 

(ii)conspiratorial activities threatening the national security interest, or

 

(iii)conspiratorial activities characteristic of organized crime,

 

that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and

 

(b)there are grounds upon which an order could be entered under this chapter to authorize such interception,

 

may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application.

 

(8)

 

(a)The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) ofsection 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) ofsection 2517.

 

(b)Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

 

(c)Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.

 

(d)Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 2518(7)(b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of—

 

(1)the fact of the entry of the order or the application;

 

(2)the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

 

(3)the fact that during the period wire, oral, or electronic communications were or were not intercepted.

 

The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.

 

(9)The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

 

(10)

 

(a)Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that—

 

(i)the communication was unlawfully intercepted;

 

(ii)the order of authorization or approval under which it was intercepted is insufficient on its face; or

 

(iii)the interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been

obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

 

(b)In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

 

(c)The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications.

 

(11)The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if—

 

(a)in the case of an application with respect to the interception of an oral communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

 

(iii)the judge finds that such specification is not practical; and

 

(b)in the case of an application with respect to a wire or electronic communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility;

 

(iii)the judge finds that such showing has been adequately made; and

 

(iv)the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

 

(12)An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.

 

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Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

 

Article 250 - NY Penal Law

 

OFFENSES AGAINST THE RIGHT TO PRIVACY

 

250.00Eavesdropping; definitions of terms.

 

250.05Eavesdropping. E FELONY

 

250.10 Possession of eavesdropping devices. A MISD

 

250.15Failure to report wiretapping. B MISD

 

250.20Divulging an eavesdropping warrant. A MISD

 

250.25Tampering with private communications. B MISD

 

250.30Unlawfully obtaining communications information. A MISD

 

250.35Failing to report criminal communications. B MISD

 

250.40Unlawful surveillance; definitions.

 

250.45Unlawful surveillance in the second degree. E FELONY

 

250.50Unlawful surveillance in the first degree. D FELONY

 

250.55Dissemination of an unlawful surveillance

 

image in the second degree. A MISD

 

250.60Dissemination of an unlawful surveillance

 

image in the first degree. E FELONY

 

250.65Additional provisions.

 

 

 

S 250.00 Eavesdropping; definitions of terms.

 

The following definitions are applicable to this article:

 

1. "Wiretapping" means the intentional overhearing or recording of a

 

telephonic or telegraphic communication by a person other than a sender

 

or receiver thereof, without the consent of either the sender or

 

receiver, by means of any instrument, device or equipment. The normal

 

operation of a telephone or telegraph corporation and the normal use of

 

the services and facilities furnished by such corporation pursuant to

 

its tariffs or necessary to protect the rights or property of said

 

corporation shall not be deemed "wiretapping."

 

2. "Mechanical overhearing of a conversation" means the intentional

 

overhearing or recording of a conversation or discussion, without the

 

consent of at least one party thereto, by a person not present thereat,

 

by means of any instrument, device or equipment.

 

3. "Telephonic communication" means any aural transfer made in whole

 

or in part through the use of facilities for the transmission of

 

communications by the aid of wire, cable or other like connection

 

between the point of origin and the point of reception (including the

 

use of such connection in a switching station) furnished or operated by

 

any person engaged in providing or operating such facilities for the

 

transmission of communications and such term includes any electronic

 

storage of such communications.

 

4. "Aural transfer" means a transfer containing the human voice at any

 

point between and including the point of origin and the point of

 

reception.

 

5. "Electronic communication" means any transfer of signs, signals,

 

writing, images, sounds, data, or intelligence of any nature transmitted

 

in whole or in part by a wire, radio, electromagnetic, photoelectronic

 

or photo-optical system, but does not include:

 

(a) any telephonic or telegraphic communication; or

 

(b) any communication made through a tone only paging device; or

 

(c) any communication made through a tracking device consisting of an

 

electronic or mechanical device which permits the tracking of the

 

movement of a person or object; or

 

(d) any communication that is disseminated by the sender through a

 

method of transmission that is configured so that such communication is

 

readily accessible to the general public.

 

6. "Intercepting or accessing of an electronic communication" and

 

"intentionally intercepted or accessed" mean the intentional acquiring,

 

receiving, collecting, overhearing, or recording of an electronic

 

communication, without the consent of the sender or intended receiver

 

thereof, by means of any instrument, device or equipment, except when

 

used by a telephone company in the ordinary course of its business or

 

when necessary to protect the rights or property of such company.

 

7. "Electronic communication service" means any service which provides

 

to users thereof the ability to send or receive wire or electronic

 

communications.

 

8. "Unlawfully" means not specifically authorized pursuant to article

 

seven hundred or seven hundred five of the criminal procedure law for

 

the purposes of this section andsections 250.05, 250.10, 250.15,

 

250.20, 250.25, 250.30 and 250.35 of this article.

 

 

 

S 250.05 Eavesdropping.

 

A person is guilty of eavesdropping when he unlawfully engages in

 

wiretapping, mechanical overhearing of a conversation, or intercepting

 

or accessing of an electronic communication.

 

Eavesdropping is a class E felony.

 

 

 

S 250.10 Possession of eavesdropping devices.

 

A person is guilty of possession of eavesdropping devices when, under

 

circumstances evincing an intent to use or to permit the same to be used

 

in violation of section 250.05, he possesses any instrument, device or

 

equipment designed for, adapted to or commonly used in wiretapping or

 

mechanical overhearing of a conversation.

 

Possession of eavesdropping devices is a class A misdemeanor.

 

 

 

S 250.15 Failure to report wiretapping.

 

A telephone or telegraph corporation is guilty of failure to report

 

wiretapping when, having knowledge of the occurrence of unlawful

 

wiretapping, it does not report such matter to an appropriate law

 

enforcement officer or agency.

 

Failure to report wiretapping is a class B misdemeanor.

 

 

 

S 250.20 Divulging an eavesdropping warrant.

 

A person is guilty of divulging an eavesdropping warrant when,

 

possessing information concerning the existence or content of an

 

eavesdropping warrant issued pursuant to article seven hundred of the

 

criminal procedure law, or concerning any circumstances attending an

 

application for such a warrant, he discloses such information to another

 

person; except that such disclosure is not criminal or unlawful when

 

permitted by section 700.65 of the criminal procedure law or when made

 

to a state or federal agency specifically authorized by law to receive

 

reports concerning eavesdropping warrants, or when made in a legal

 

proceeding, or to a law enforcement officer or agency connected with the

 

application for such warrant, or to a legislative committee or temporary

 

state commission, or to the telephone or telegraph corporation whose

 

facilities are involved, or to any entity operating an electronic

 

communications service whose facilities are involved.

 

Divulging an eavesdropping warrant is a class A misdemeanor.

 

 

 

S 250.25 Tampering with private communications.

 

A person is guilty of tampering with private communications when:

 

1. Knowing that he does not have the consent of the sender or

 

receiver, he opens or reads a sealed letter or other sealed private

 

communication; or

 

2. Knowing that a sealed letter or other sealed private communication

 

has been opened or read in violation of subdivision one of this section,

 

he divulges without the consent of the sender or receiver, the contents

 

of such letter or communication, in whole or in part, or a resume of any

 

portion of the contents thereof; or

 

3. Knowing that he does not have the consent of the sender or

 

receiver, he obtains or attempts to obtain from an employee, officer or

 

representative of a telephone or telegraph corporation, by connivance,

 

deception, intimidation or in any other manner, information with respect

 

to the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to a law enforcement officer who obtains information from a

 

telephone or telegraph corporation pursuant to section 250.35; or

 

4. Knowing that he does not have the consent of the sender or

 

receiver, and being an employee, officer or representative of a

 

telephone or telegraph corporation, he knowingly divulges to another

 

person the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to such person when he acts pursuant to section 250.35.

 

Tampering with private communications is a class B misdemeanor.

 

 

 

S 250.30 Unlawfully obtaining communications information.

 

A person is guilty of unlawfully obtaining communications information

 

when, knowing that he does not have the authorization of a telephone or

 

telegraph corporation, he obtains or attempts to obtain, by deception,

 

stealth or in any other manner, from such corporation or from any

 

employee, officer or representative thereof:

 

1. Information concerning identification or location of any wires,

 

cables, lines, terminals or other apparatus used in furnishing telephone

 

or telegraph service; or

 

2. Information concerning a record of any communication passing over

 

telephone or telegraph lines of any such corporation.

 

Unlawfully obtaining communications information is a class B

 

misdemeanor.

 

 

 

S 250.35 Failing to report criminal communications.

 

1. It shall be the duty of a telephone or telegraph corporation, or an

 

entity operating an electronic communications service, and of any

 

employee, officer or representative thereof having knowledge that the

 

facilities of such corporation or entity are being used to conduct any

 

criminal business, traffic or transaction, to furnish or attempt to

 

furnish to an appropriate law enforcement officer or agency all

 

pertinent information within his possession relating to such matter, and

 

to cooperate fully with any law enforcement officer or agency

 

investigating such matter.

 

2. A person is guilty of failing to report criminal communications

 

when he knowingly violates any duty prescribed in subdivision one of

 

this section.

 

Failing to report criminal communications is a class B misdemeanor.

 

 

 

S 250.40 Unlawful surveillance; definitions.

 

Thefollowingdefinitionsshallapplyto sections 250.45, 250.50,

 

250.55 and 250.60 of this article:

 

1. "Place and time when apersonhasareasonableexpectationof

 

privacy"meansa place and time when a reasonable person would believe

 

that he or she could fully disrobe in privacy.

 

2. "Imagingdevice"meansanymechanical,digitalorelectronic

 

viewingdevice, camera, cellular phone or any other instrument capable

 

of recording, storing or transmitting visual images that can be utilized

 

to observe a person.

 

3."Sexualorotherintimate parts" means the human male or female

 

genitals, pubic area or buttocks, or the female breast below the topof

 

thenipple, and shall include such part or parts which are covered only

 

by an undergarment.

 

4. "Broadcast" means electronically transmitting a visualimagewith

 

the intent that it be viewed by a person.

 

5."Disseminate"means to give, provide, lend, deliver, mail, send,

 

forward, transfer or transmit, electronically orotherwisetoanother

 

person.

 

6."Publish" means to (a) disseminate, as defined in subdivision five

 

ofthissection,withtheintent thatsuchimageorimagesbe

 

disseminated to ten or more persons; or (b) disseminate with theintent

 

thatsuchimagesbesoldbyanotherperson; or (c) post, present,

 

display, exhibit, circulate, advertise or allows access,electronically

 

orotherwise, so as to make an image or images available to the public;

 

or (d) disseminate with the intent that an image orimagesbeposted,

 

presented,displayed,exhibited,circulated,advertisedormade

 

accessible, electronically or otherwise and to make such image or images

 

available to the public.

 

7. "Sell" means to disseminate to another person, as defined in

 

subdivisionfiveofthissection,ortopublish,asdefinedin

 

subdivision six of this section, in exchange for something of value.

 

 

 

S 250.45 Unlawful surveillance in the second degree.

 

A person is guilty of unlawful surveillance in the second degree when:

 

1.Forhis or her own, or another person's amusement, entertainment,

 

or profit, or for the purpose of degrading or abusing aperson,heor

 

sheintentionallyusesorinstalls,orpermitsthe utilization or

 

installation of an imaging device to surreptitiously view, broadcastor

 

recordaperson dressing or undressing or the sexual or other intimate

 

parts of such person ataplaceandtimewhensuchpersonhasa

 

reasonableexpectationofprivacy, without such person's knowledge or

 

consent; or

 

2. For his or her own, or another person's sexualarousalorsexual

 

gratification,he or she intentionally uses or installs, or permits the

 

utilization or installation ofanimagingdevicetosurreptitiously

 

view,broadcast or record a person dressing or undressing or the sexual

 

or other intimate parts of such person at a placeandtimewhensuch

 

personhasareasonable expectation of privacy, without such person's

 

knowledge or consent; or

 

3. (a) For no legitimate purpose, heorsheintentionallyusesor

 

installs,orpermitstheutilizationorinstallation of an imaging

 

device to surreptitiously view,broadcastorrecordapersonina

 

bedroom,changingroom,fittingroom,restroom,toilet,bathroom,

 

washroom, shower or any room assigned to guests or patrons inamotel,

 

hotel or inn, without such person's knowledge or consent.

 

(b)Forthepurposesofthissubdivision,when a person uses or

 

installs, or permits theutilizationorinstallationofanimaging

 

deviceinabedroom,changingroom, fitting room, restroom, toilet,

 

bathroom, washroom, shower or any room assigned to guests or patronsin

 

ahotel,motelorinn,thereis a rebuttable presumption that such

 

person did so for no legitimate purpose; or

 

4.Withouttheknowledgeorconsentofaperson,heorshe

 

intentionallyusesorinstalls,orpermitstheutilizationor

 

installation of an imaging device to surreptitiously view, broadcastor

 

record,undertheclothingbeingworn by such person, the sexual or

 

other intimate parts of such person.

 

Unlawful surveillance in the second degree is a class E felony.

 

 

 

S 250.50 Unlawful surveillance in the first degree.

 

Apersonis guilty of unlawful surveillance in the first degree when

 

he or she commits the crimeofunlawfulsurveillanceinthesecond

 

degreeandhasbeen previously convicted within the past ten years of

 

unlawful surveillance in the first or second degree.

 

Unlawful surveillance in the first degree is a class D felony.

 

 

 

S 250.55 Dissemination of an unlawful surveillance image in the second

 

degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

intheseconddegreewhenhe or she, with knowledge of the unlawful

 

conduct by which an image or images ofthesexualorotherintimate

 

partsofanotherpersonorpersonswere obtained and such unlawful

 

conduct would satisfy the essential elements of thecrimeofunlawful

 

surveillanceinthe first or second degree, intentionally disseminates

 

such image or images.

 

Dissemination of an unlawful surveillance image in theseconddegree

 

is a class A misdemeanor.

 

 

 

S 250.60 Dissemination of an unlawful surveillance image in the first degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

in the first degree when:

 

1. He or she, with knowledge of the unlawful conduct by which an image

 

orimagesofthesexual or other intimate parts of another person or

 

persons were obtainedandsuchunlawfulconductwouldsatisfythe

 

essential elements of the crime of unlawful surveillance in the first or

 

second degree, sells or publishes such image or images; or

 

2.Having created a surveillance image in violation of section 250.45

 

or 250.50 of this article, or in violationofthelawinanyother

 

jurisdiction which includes all of the essential elements of either such

 

crime,orhaving acted as an accomplice to such crime, or acting as an

 

agent to the person who committed such crime, heorsheintentionally

 

disseminates such unlawfully created image; or

 

3.Heorshecommitsthecrimeofdissemination of an unlawful

 

surveillanceimageintheseconddegreeandhasbeenpreviously

 

convictedwithinthepasttenyears of dissemination of an unlawful

 

surveillance image in the first or second degree.

 

Dissemination of an unlawful surveillance image in the first degree is

 

a class E felony.

 

 

 

S 250.65 Additional provisions.

 

1.Theprovisionsofsections 250.45, 250.50, 250.55 and 250.60 of

 

this article do not apply withrespecttoany:(a)lawenforcement

 

personnelengagedintheconductoftheirauthorizedduties; (b)

 

security system wherein a written notice is conspicuously posted onthe

 

premises stating that a video surveillance system has been installed for

 

thepurpose of security; or (c) video surveillance devices installed in

 

such a manner that their presence is clearly and immediately obvious.

 

2. With respect to sections 250.55 and 250.60ofthisarticle,the

 

provisions of subdivision two of section 235.15 and subdivisions one and

 

two of section 235.24 of this chapter shall apply.

 

45-5-305. Subjecting another to involuntary servitude -- definitions. (1) A person commits the offense of subjecting another to involuntary servitude if the person purposely or knowingly obtains or maintains the forced labor or services of another person by any of the following actions or by threatening any of the following actions:
(a) causing physical harm to any person;
(b) damaging or destroying the property of any person;
(c) physically restraining another person;
(d) abusing the law or legal process;
(e) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of another person;
(f) blackmail; or
(g) causing financial harm to any person or using financial control over any person.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of subjecting another to involuntary servitude shall be imprisoned in the state prison for a term of not more than 10 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of subjecting another to involuntary servitude, if the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide, shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 100 years and may be fined not more than $50,000.
(3) As used in this part, unless the context requires otherwise, the following definitions apply:
(a) "Blackmail" means an unlawful demand of money, property, or services under threat to accuse another person of a crime or to expose any secret tending to subject a person to hatred, contempt, or ridicule.
(b) "Commercial sexual activity" means any sex act or simulated sex act, including sexually explicit performances, for which anything of value is given, promised to, or received directly or indirectly by any person.
(c) "Financial harm" includes employment contracts that violate 28-2-903, taking, receiving, reserving, or charging a rate of interest greater than is allowed by31-1-107, and defrauding creditors as defined in 45-6-315.
(d) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through violation of subsection (1).
(e) "Labor" means work of economic or financial value.
(f) "Maintain" means to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform that type of service.
(g) "Obtain" means to secure the performance of labor or services.
(h) "Services" means acts committed at the direction of, at the request of, under the supervision of, or for the benefit of another, including commercial sexual activity.
(i) "Sexually explicit performances" means live, public, private, photographed, recorded, or videotaped acts or simulated acts intended to sexually arouse, satisfy the sexual desires of, or appeal to the prurient interests of any person.

 

18 USC § 245 - Federally protected activities

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a)

 

(1)Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.

 

(2)Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

 

(b)Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—

 

(1)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;

 

(D)serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;

 

(E)participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or

 

(2)any person because of his race, color, religion or national origin and because he is or has been—

 

(A)enrolling in or attending any public school or public college;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;

 

(D)serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror;

 

(E)traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;

 

(F)enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and

 

(i)which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and

 

(ii)which holds itself out as serving patrons of such establishments; or

 

(3)during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or

 

(4)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or

 

(B)affording another person or class of persons opportunity or protection to so participate; or

 

(5)any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate—

 

shall be fined under this title, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. As used in this section, the term “participating lawfully in speech or peaceful assembly” shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence.

 

(c)Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State.

 

(d)For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

 

18 USC § 242 - Deprivation of rights under color of law

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

Title VII of the Civil Rights Act of 1964

 

EDITOR'S NOTE: The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.

 

 

An Act

 

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.

 

* * *

 

DEFINITIONS

 

SEC. 2000e. [Section 701]

 

For the purposes of this subchapter-

 

(a) The term “person”includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-­stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 [originally, bankruptcy ], or receivers.

 

(b) The term “employer”means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5 [United States Code]), or

 

(2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26 [the Internal Revenue Code of 1986], except that during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty-­five employees (and their agents) shall not be considered employers.

 

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

 

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

 

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-­five or more during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], or (B) fifteen or more thereafter, and such labor organization-

 

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.];

 

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

 

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

 

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

 

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

 

(f) The term “employee”means an individual employed by an employer, except that the term “employee”shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.

 

(g) The term “commerce”means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

 

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-­Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity.

 

(i) The term “State”includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].

 

(j) The term “religion”includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.

 

(k) The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-­related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)] shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

 

(l) The term “complaining party” means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter.

 

(m) The term“demonstrates” means meets the burdens of production and persuasion.

 

(n) The term “respondent”means an employer, employment agency, labor organization, joint labor ­management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16 of this title.

 

APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT

 

SEC. 2000e-1. [Section 702]

 

(a) Inapplicability of subchapter to certain aliens and employees of religious entities

 

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

 

(b) Compliance with statute as violative of foreign law

 

It shall not be unlawful under section 2000e-2 or 2000e-3 of this title [section 703 or 704] for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor­-management committee controlling apprenticeship or other training or retraining (including on-­the-­job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

 

(c) Control of corporation incorporated in foreign country

 

(1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title [section 703 or 704] engaged in by such corporation shall be presumed to be engaged in by such employer.

 

(2) Sections 2000e-2 and 2000e-3 of this title [sections 703 and 704] shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

 

(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on-

 

(A) the interrelation of operations;

 

(B) the common management;

 

(C) the centralized control of labor relations; and

 

(D) the common ownership or financial control, of the employer and the corporation.

 

UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-2. [Section 703]

 

(a) Employer practices

 

It shall be an unlawful employment practice for an employer -

 

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

 

(b) Employment agency practices

 

It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

 

(c) Labor organization practices

 

It shall be an unlawful employment practice for a labor organization-

 

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

 

(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

 

(d) Training programs

 

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

 

(e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion

 

Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor­ management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

 

(f) Members of Communist Party or Communist-action or Communist-front organizations

 

As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor­ management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist­-action or Communist-­front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.].

 

(g) National security

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if-

 

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

 

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

 

(h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of the Labor Standards Act of 1938, as amended].

 

(i) Businesses or enterprises extending preferential treatment to Indians

 

Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

 

(j) Preferential treatment not to be granted on account of existing number or percentage imbalance

 

Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-­management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

 

(k) Burden of proof in disparate impact cases

 

(1) (A) An unlawful employment practice based on disparate impact is established under this subchapter only if-

 

(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

 

(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

 

(B) (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.

 

(ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

 

(C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of “alternative employment practice”.

 

(2) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter.

 

(3) Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.] or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

 

(l) Prohibition of discriminatory use of test scores

 

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

 

(m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices

 

Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

 

(n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders

 

(1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

 

(B) A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws-

 

(i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had-

 

(I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

 

(II) a reasonable opportunity to present objections to such judgment or order; or

 

(ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

 

(2) Nothing in this subsection shall be construed to-

 

(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

 

(B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

 

(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

 

(D) authorize or permit the denial to any person of the due process of law required by the Constitution.

 

(3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of Title 28 [United States Code].

 

OTHER UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-3. [Section 704]

 

(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings

 

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on—the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

 

(b) Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception

 

It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor­-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 

SEC. 2000e-4. [Section 705]

 

(a) Creation; composition; political representation; appointment; term; vacancies; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel

 

There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b) of this section, shall appoint, in accordance with the provisions of Title 5 [United States Code] governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges [originally, hearing examiners], and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 [United States Code], relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges [originally, hearing examiners] shall be in accordance with sections 3105, 3344, 5372, and 7521 of Title 5 [United States Code].

 

(b) General Counsel; appointment; term; duties; representation by attorneys and Attorney General

 

(1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title [sections 706 and 707]. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified.

 

(2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter.

 

(c) Exercise of powers during vacancy; quorum

 

A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

 

(d) Seal; judicial notice

 

The Commission shall have an official seal which shall be judicially noticed.

 

(e) Reports to Congress and the President

 

The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken [originally, the names, salaries, and duties of all individuals in its employ] and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

 

(f) Principal and other offices

 

The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter.

 

(g) Powers of Commission

 

The Commission shall have power-

 

(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

 

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

 

(3) to furnish to persons subject to this subchapter such technical assistance as they may request to further their compliance with this subchapter or an order issued thereunder;

 

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this subchapter, to assist in such effectuation by conciliation or such other remedial action as is provided by this subchapter;

 

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this subchapter and to make the results of such studies available to the public;

 

(6) to intervene in a civil action brought under section 2000e-5 of this title [section 706]by an aggrieved party against a respondent other than a government, governmental agency or political subdivision.

 

(h) Cooperation with other departments and agencies in performance of educational or promotional activities; outreach activities

 

(1) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

 

(2) In exercising its powers under this subchapter, the Commission shall carry out educational and outreach activities (including dissemination of information in languages other than English) targeted to-

 

(A) individuals who historically have been victims of employment discrimination and have not been equitably served by the Commission; and

 

(B) individuals on whose behalf the Commission has authority to enforce any other law prohibiting employment discrimination, concerning rights and obligations under this subchapter or such law, as the case may be.

 

(i) Personnel subject to political activity restrictions

 

All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 7324 of Title 5 [originally, section 9 of the Act of August 2, 1939, as amended (the Hatch Act)], notwithstanding any exemption contained in such section.

 

(j) Technical Assistance Training Institute

 

(1) The Commission shall establish a Technical Assistance Training Institute, through which the Commission shall provide technical assistance and training regarding the laws and regulations enforced by the Commission.

 

(2) An employer or other entity covered under this subchapter shall not be excused from compliance with the requirements of this subchapter because of any failure to receive technical assistance under this subsection.

 

(3) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1992.

 

(k) EEOC Education, Technical Assistance, and Training Revolving Fund

 

(1) There is hereby established in the Treasury of the United States a revolving fund to be known as the “EEOC Education, Technical Assistance, and Training Revolving Fund”(hereinafter in this subsection referred to as the “Fund”) and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes.

 

(2)(A) The Commission shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and training provided with monies in the Fund. Such fees for any education, technical assistance, or training--

 

(i) shall be imposed on a uniform basis on persons and entities receiving such education, assistance, or training,

 

(ii) shall not exceed the cost of providing such education, assistance, and training, and

 

(iii) with respect to each person or entity receiving such education, assistance, or training, shall bear a reasonable relationship to the cost of providing such education, assistance, or training to such person or entity.

 

(B) Fees received under subparagraph (A) shall be deposited in the Fund by the Commission.

 

(C) The Commission shall include in each report made under subsection (e) of this section information with respect to the operation of the Fund, including information, presented in the aggregate, relating to--

 

(i) the number of persons and entities to which the Commission provided education, technical assistance, or training with monies in the Fund, in the fiscal year for which such report is prepared,

 

(ii) the cost to the Commission to provide such education, technical assistance, or training to such persons and entities, and

 

(iii) the amount of any fees received by the Commission from such persons and entities for such education, technical assistance, or training.

 

(3) The Secretary of the Treasury shall invest the portion of the Fund not required to satisfy current expenditures from the Fund, as determined by the Commission, in obligations of the United States or obligations guaranteed as to principal by the United States. Investment proceeds shall be deposited in the Fund.

 

(4) There is hereby transferred to the Fund $1,000,000 from the Salaries and Expenses appropriation of the Commission.

 

ENFORCEMENT PROVISIONS

 

SEC. 2000e-5. [Section 706]

 

(a) Power of Commission to prevent unlawful employment practices

 

The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title [section 703 or 704].

 

(b) Charges by persons aggrieved or member of Commission of unlawful employment practices by employers, etc.; filing; allegations; notice to respondent; contents of notice; investigation by Commission; contents of charges; prohibition on disclosure of charges; determination of reasonable cause; conference, conciliation, and persuasion for elimination of unlawful practices; prohibition on disclosure of informal endeavors to end unlawful practices; use of evidence in subsequent proceedings; penalties for disclosure of information; time for determination of reasonable cause

 

Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor­management committee controlling apprenticeship or other training or retraining, including on-­the-­job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such employer, employment agency, labor organization, or joint labor-­management committee (hereinafter referred to as the “respondent”) within ten days, and shall make an investigation thereof. Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires. Charges shall not be made public by the Commission. If the Commission determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. In determining whether reasonable cause exists, the Commission shall accord substantial weight to final findings and orders made by State or local authorities in proceedings commenced under State or local law pursuant to the requirements of subsections (c) and (d) of this section. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where applicable under subsection (c) or (d) of this section, from the date upon which the Commission is authorized to take action with respect to the charge.

 

(c) State or local enforcement proceedings; notification of State or local authority; time for filing charges with Commission; commencement of proceedings

 

In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

 

(d) State or local enforcement proceedings; notification of State or local authority; time for action on charges by Commission

 

In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

 

(e) Time for filing charges; time for service of notice of charge on respondent; filing of charge by Commission with State or local agency; seniority system

 

(1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

 

(2) For purposes of this section, an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose in violation of this subchapter (whether or not that discriminatory purpose is apparent on the face of the seniority provision), when the seniority system is adopted, when an individual becomes subject to the seniority system, or when a person aggrieved is injured by the application of the seniority system or provision of the system.

 

(3)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.

 

(B) In addition to any relief authorized by section 1977A of the Revised Statutes (42 U.S.C. 1981a), liability may accrue and an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing a charge.

 

(f) Civil action by Commission, Attorney General, or person aggrieved; preconditions; procedure; appointment of attorney; payment of fees, costs, or security; intervention; stay of Federal proceedings; action for appropriate temporary or preliminary relief pending final disposition of charge; jurisdiction and venue of United States courts; designation of judge to hear and determine case; assignment of case for hearing; expedition of case; appointment of master

 

(1) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) or (d) of this section, the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission may bring a civil action against any respondent not a government, governmental agency, or political subdivision named in the charge. In the case of a respondent which is a government, governmental agency, or political subdivision, if the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission shall take no further action and shall refer the case to the Attorney General who may bring a civil action against such respondent in the appropriate United States district court. The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision. If a charge filed with the Commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such charge or the expiration of any period of reference under subsection (c) or (d) of this section, whichever is later, the Commission has not filed a civil action under this section or the Attorney General has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved or (B) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance.

 

(2) Whenever a charge is filed with the Commission and the Commission concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this Act, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure. It shall be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases to be in every way expedited.

 

(3) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of Title 28 [United States Code], the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

 

(4) 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.

 

(5) It shall be the duty of the judge designated pursuant to this subsection to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. If such judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to rule 53 of the Federal Rules of Civil Procedure.

 

(g) Injunctions; appropriate affirmative action; equitable relief; accrual of back pay; reduction of back pay; limitations on judicial orders

 

(1) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

 

(2) (A) No order of the court shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, or national origin or in violation of section 2000e-3(a) of this Title [section 704(a)].

 

(B) On a claim in which an individual proves a violation under section 2000e-2(m) of this title [section 703(m)] and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-

 

(i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m) of this title [section 703(m)]; and

 

(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).

 

(h) Provisions of chapter 6 of Title 29 not applicable to civil actions for prevention of unlawful practices

 

The provisions of chapter 6 of title 29 [the Act entitled“An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 105-115)] shall not apply with respect to civil actions brought under this section.

 

(i) Proceedings by Commission to compel compliance with judicial orders In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission may commence proceedings to compel compliance with such order.

 

(j) Appeals

 

Any civil action brought under this section and any proceedings brought under subsection (i) of this section shall be subject to appeal as provided in sections 1291 and 1292, Title 28 [United States Code].

 

(k) Attorney’s fee; liability of Commission and United States for costs

 

In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

 

CIVIL ACTIONS BY THE ATTORNEY GENERAL

 

SEC. 2000e-6. [Section 707]

 

(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 offunctions, etc., to Commission; effective date; prerequisite to transfer; execution of functions by Commission

 

Effective two years after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], the functions of theAttorney 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 [United States Code], 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 date of enactment of the Equal Employment Opportunity Act of 1972], the Commission shall haveauthority to investigate and act on a charge of a pattern or practice ofdiscrimination, whether filed by or on behalf of a person claiming to beaggrieved or by a member of the Commission. All such actions shall beconducted in accordance with the procedures set forth in section 2000e-5of this title [section 706].

 

EFFECT ON STATE LAWS

 

SEC. 2000e-7. [Section 708]

 

Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.

 

INVESTIGATIONS

 

SEC. 2000e-8. [Section 709]

 

(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 [section 706], 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.

 

CONDUCT OF HEARINGS AND INVESTIGATIONS PURSUANT TO SECTION 161 OF Title 29

 

SEC. 2000e-9. [Section 710]

 

For the purpose of all hearings and investigations conducted by the Commission or its duly authorized agents or agencies, section 161 of Title 29 [section 11 of the National Labor Relations Act] shall apply.

 

POSTING OF NOTICES; PENALTIES

 

SEC. 2000e-10. [Section 711]

 

(a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint.

 

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

 

VETERANS’SPECIAL RIGHTS OR PREFERENCE

 

SEC. 2000e-11. [Section 712]

 

Nothing contained in this subchapter shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

 

REGULATIONS; CONFORMITY OF REGULATIONS WITH ADMINISTRATIVE PROCEDURE PROVISIONS; RELIANCE ON INTERPRETATIONS AND INSTRUCTIONS OF COMMISSION

 

SEC. 2000e-12. [Section 713]

 

(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 [originally, the Administrative Procedure Act].

 

(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.

 

APPLICATION TO PERSONNEL OF COMMISSION OF SECTIONS 111 AND 1114 OF TITLE 18; PUNISHMENT FOR VIOLATION OF SECTION 1114 OF TITLE 18

 

SEC. 2000e-13. [Section 714]

 

The provisions of sections 111 and 1114, Title 18 [United States Code], shall apply to officers, agents, and employees of the Commission in the performance of their official duties. Notwithstanding the provisions of sections 111 and 1114 of Title 18 [United States Code], whoever in violation of the provisions of section 1114 of such title kills a person while engaged in or on account of the performance of his official functions under this Act shall be punished by imprisonment for any term of years or for life.

 

TRANSFER OF AUTHORITY

 

[Administration of the duties of theEqual Employment Opportunity Coordinating Council was transferred to the Equal Employment Opportunity Commission effective July 1, 1978, under the President's Reorganization Plan of 1978.]

EQUAL EMPLOYMENT OPPORTUNITY COORD

INATING COUNCIL; ESTABLISHMENT; COMPOSITION; DUTIES; REPORT TO PRESIDENT AND CONGRESS

 

SEC. 2000e-14. [Section 715]

 

[Original introductory text: There shall be established an Equal Employment Opportunity Coordinating Council (hereinafter referred to in this section as the Council) composed of the Secretary of Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission, and the Chairman of the United States Civil Rights Commission, or their respective delegates.]

 

The Equal Employment Opportunity Commission [originally, Council] shall have the responsibility for developing and implementing agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the various departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies. On or before October 1 [originally, July 1] of each year, the Equal Employment Opportunity Commission [originally, Council] shall transmit to the President and to the Congress a report of its activities, together with such recommendations for legislative or administrative changes as it concludes are desirable to further promote the purposes of this section.

 

PRESIDENTIAL CONFERENCES; ACQUAINTANCE OF LEADERSHIP WITH PROVISIONS FOR EMPLOYMENT RIGHTS AND OBLIGATIONS; PLANS FOR FAIR ADMINISTRATION; MEMBERSHIP

 

SEC. 2000e-15. [Section 716]

 

[Original text: (a) This title shall become effective one year after the date of its enactment.

 

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

 

(c)]The President shall, as soon as feasible after July 2, 1964 [the date of enactment of this title], convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this subchapter to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this subchapter when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this subchapter.

 

TRANSFER OF AUTHORITY

 

[Enforcement of Section 717 was transferred to the Equal EmploymentOpportunity Commission from the Civil Service Commission (Office of Personnel Management) effective January 1, 1979 under the President’s Reorganization Plan No. 1 of 1978.]

 

EMPLOYMENT BY FEDERAL GOVERNMENT

 

SEC. 2000e-16. [Section 717]

 

(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 [United States Code], in executive agencies [originally, other than the General Accounting Office]as defined in section 105 of Title 5 [United States Code] (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Printing Office, the Government Accountability Office, and 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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[section 706], 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 [section 706(f) through (k)], 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.

 

(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.

 

(f) Section 2000e-5(e)(3)[Section 706(e)(3)] shall apply to complaints of discrimination in compensation under this section.

 

PROCEDURE FOR DENIAL, WITHHOLDING, TERMINATION, OR SUSPENSION OF GOVERNMENT CONTRACT SUBSEQUENT TO ACCEPTANCE BY GOVERNMENT OF AFFIRMATIVE ACTION PLAN OF EMPLOYER; TIME OF ACCEPTANCE OF PLAN

 

SEC. 2000e-17. [Section 718]

 

No Government contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such employer has an affirmative action plan which has previously been accepted by the Government for the same facility within the past twelve months without first according such employer full hearing and adjudication under the provisions of section 554 of Title 5 [UnitedStates Code], and the following pertinent sections: Provided, That if such employer has deviated substantially from such previously agreed to affirmative action plan, this section shall not apply: Provided further, That for the purposes of this section an affirmative action plan shall be deemed to have been accepted by the Government at the time the appropriate compliance agency has accepted such plan unless within forty-five days thereafter the Office of Federal Contract Compliance has disapproved such plan.

 

Privacy Policy| Disclaimer | USA.Gov

 

18 USC § 246 - Deprivation of relief benefits

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

 

 

Duty to Report Suspected Child Abuse Under 42 U.S.C. § 13031 Under 42 U.S.C. § 13031—a provision of the Victims of Child Abuse Act of 1990—all covered professionals who learn of suspected child abuse while engaged in enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. The fact that a patient has viewed child pornography may “give reason to suspect that a child has suffered an incident of child abuse” under the statute, and a covered professional is not relieved of an obligation to report the possible abuse simply because neither the covered professional nor the patient knows the identity of the child depicted in the pornography. May 29, 2012 MEMORANDUM OPINION FOR THE GENERALCOUNSELUNITEDSTATESDEPARTMENT OF VETERANSAFFAIRSSection 13031 of title 42, a provision in the Victims of Child Abuse Act of 1990 (“VCAA” or “Act”), Pub. L. No. 101-647, tit. II, § 226, 104 Stat. 4789, 4806, requires persons engaged in certain activities and professions on federal lands or in federal facilities to report “facts that give reason to suspect that a child has suffered an incident of child abuse” if they learn such facts in the course of their professional activities. Failure to make a report required by section 13031 could subject such persons to criminal penalties. See 18 U.S.C. § 2258 (2006). You have raised two questions about the scope of section 13031. See Letter for the Honorable Eric Holder, Attorney General, from Will A. Gunn, General Counsel, Department of Veterans Affairs (Nov. 9, 2009) (“VA Letter”). First, you have asked whether section 13031’s reporting requirement is limited to situations in which the suspected victim of child abuse is cared for or resides on federal land or in a federal facility. We conclude that it is not. Instead, under the VCAA, all persons who learn of suspected child abuse (as defined by the Act) while engaged in the enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. We recognize that the scope of some of the statutory language may be ambiguous, and that narrower readings of the reporting require-ment find some support in certain of the statute’s provisions. But we believe that section 13031, read as a whole and in light of its purpose, is best interpreted broadly. Second, you have inquired whether the VCAA’s reporting obligation is trig-gered when a person covered by section 13031 learns that a patient under his or her care has viewed child pornography, even if the person does not know, and has no reason to believe the patient knows, the identity of the child or children depicted in the pornography. We conclude that the fact that a patient has viewed child pornography may be a “fact[] . . . giv[ing] reason to suspect that a child has 1

 

I'm poor with a wiretap order on me !Tupac and Biggie rich and had one them too so killed them!Dr.Martin .L.King Jr and Malcolm X both had a wiretap order on them we know who murdered them!Who murdered President Commander in Cheif 's J.F.K.Jr. and Abraham Lincoln!Everybody rich,middle,and poor class a wiretap order on ya'll!Fuck this shit!Gag Order means a person or persons cooperating a wiretap order on you can't tell you they're basically Informant's and Unidercover's!Steve Johnson murder is a justifiable homicide legally looking at all the way around!My kidnapping for ransom isn't justifiable so the entire time they've been aiding and abetting and more macon ga. judge's who have to the approve the wiretap order and they're anti-christ fugitives from justice crew they caught on wiretap order !President Commader Chief Barack Obama have they ass locked for my Christamas gift that 's a good Christamas gift for me from you !
Now how does Macon ga.Judge's,prosecuting Attorney's,law enforcement,governmental agency's,Bibb County Sheriff Department,Macon Georgia Police Department,FBI,andGBI plan on explaining not seeing me in person at the Macon Georgia 2005 FBI Agent name Adam Preston and Atlanta FBI 2007 while those who operate Macon Ga.Wiretap Order committ Criminal Defamation and more with Internet 2007-2009 BET-CNN-PLiesworld-Grandhustle Entertainment Forumroom heatherb and I-106 and Parks Nations BET Rocsi 106 and Parks Community website-and more Electronic /Wire Communication wiretap Order from Jena 6 Micheal Bell and more!How those who operate plan explaining to the Executive Branch President Commander in Chief Barack Obama and I we're apart of their criminal activity and committing Treason,Genocide,bribery,and more to our american people!Who in they right mind can block somebody from getting justice!I can't block those who operate Macon Ga.wiretap order judge's, prosecuting attorney's,law enforcement,governmental agency's, FBI,GBI,Macon Ga.Police DEpartment,and Bibb County Sheriff Department from making arrest's,conviction's ,and sentences to those involved in committing crime's to My Family/Extended Family and Olgethrope Community Victim's and witnesses!The only reason I said I'd do it myself is because they've been committing Involuntary Servitude,failure to investigate, Genocide,and more since I under the age of 18 years old and I'm 30 years old now !I fell in love with law only in the meantime while they're getting arrested,convicted and sentenced for breaking the law!I'll be keeping God first! 1.Get my GED(got it) 2.Get my license to practice law(studying for my SAT ,ACT,and LSAT Test to get accepted in Harvard Law College and prepared to take the Bar to get my license to practice law) 3.Start my own law firm and Non-Profit Organization 4.Be a license to practice law attorney taking pro buno cases 5.Be a license to practice law judge!Wire Communication wiretap Order(parabolic microphone hidden within resident's,telephone,internet/computer) operated by Law Enforcement ,Police's and Sheriff Department's, FBi,GBI,and Governmental Agency's!Macon ga.got played it's to late ya'll done sent ya'll conspiracies-attempts-and solicitation's either way violation of Privacy and eavesdropping charges and more sticking !Macon Ga.Oral Communication Wiretap Order is made up of Informant's and Undercover's these are the anti-christ fugitives from justice they saying everyday the LORD thy God isn't real and they tell me I don't have no help !Macon Ga.Electronic Communication Wiretap is made up of e-mail's, and Internet activitiy!Mercer College is partner and stakeholder's and Intern's with City of Macon Ga., Macon Ga.Indigent Defense,Macon Ga.Local Government -Emergency Response Provider's-Critical Infastructure-Appropriate Congressional Committee-The Medical Center-and more so when they locked the door's at Mercer Law Library in 2009 keeping general public I knew automatically Mercer College Administartion got it!Macon Georgia and Middle Ga.General Public isn't one my late grandfather United States Veteran Alex Harris Jr. and sister Grandma Mrs.Mattie Lee Gibson Harris children or my late grandfather United States Veteran Alex Harris Sr. and late Great Grandma Mrs.Gertrude Woods Harris children or my late great great grandfather United States Veteran Leonard Gibson and Great Great Grandma Mrs.Mattie Mckenzie Gibson Children or my late Great Great Great Charlie Mckenzie and Great Great Geat Grandma Mrs.Elizabeth Mckenzie Children or LORD thy God children , and My Family/Extended Family so no matter what they have to accept Virginia Harris negativity and lies those who been operating the Macon Ga.Wiretap Order been living by killed them and she got away!Ms.Blue failed to report suspected child abuse in 1996 and she's the head director of the department of family and children services!Macon Ga.is the department of family and children services security hint hint!City of Macon Georgia Police Department handled the 1965 first degree murder(and more) of United States Veteran Alex Harris Jr. at Transco Plant Railroad motive can they say false statement's,perjury,and more in both the 1996 and 1965 incident for starter's!

Proverbs 24

New King James Version (NKJV)

24 Do not be envious of evil men,
Nor desire to be with them;
2 For their heart devises violence,
And their lips talk of troublemaking.

3 Through wisdom a house is built,
And by understanding it is established;
4 By knowledge the rooms are filled
With all precious and pleasant riches.

5 A wise man is strong,
Yes, a man of knowledge increases strength;
6 For by wise counsel you will wage your own war,
And in a multitude of counselors there is safety.

7 Wisdom is too lofty for a fool;
He does not open his mouth in the gate.

8 He who plots to do evil
Will be called a schemer.
9 The devising of foolishness is sin,
And the scoffer is an abomination to men.

10 If you faint in the day of adversity,
Your strength is small.

11 Deliver those who are drawn toward death,
And hold back those stumbling to the slaughter.
12 If you say, “Surely we did not know this,”
Does not He who weighs the hearts consider it?
He who keeps your soul, does He not know it?
And will He not render to each man according to his deeds?

13 My son, eat honey because it is good,
And the honeycomb which is sweet to your taste;
14 So shall the knowledge of wisdom be to your soul;
If you have found it, there is a prospect,
And your hope will not be cut off.

15 Do not lie in wait, O wicked man, against the dwelling of the righteous;
Do not plunder his resting place;
16 For a righteous man may fall seven times
And rise again,
But the wicked shall fall by calamity.

17 Do not rejoice when your enemy falls,
And do not let your heart be glad when he stumbles;
18 Lest the Lord see it, and it displease Him,
And He turn away His wrath from him.
19 Do not fret because of evildoers,
Nor be envious of the wicked;
20 For there will be no prospect for the evil man;
The lamp of the wicked will be put out.

21 My son, fear the Lord and the king;
Do not associate with those given to change;
22 For their calamity will rise suddenly,
And who knows the ruin those two can bring?

Further Sayings of the Wise

23 These things also belong to the wise:

It is not good to show partiality in judgment.
24 He who says to the wicked, “You are righteous,”
Him the people will curse;
Nations will abhor him.
25 But those who rebuke the wicked will have delight,
And a good blessing will come upon them.

26 He who gives a right answer kisses the lips.

27 Prepare your outside work,
Make it fit for yourself in the field;
And afterward build your house.

28 Do not be a witness against your neighbor without cause,
For would you deceivea]'>[aa]'>] with your lips?
29 Do not say, “I will do to him just as he has done to me;
I will render to the man according to his work.”

30 I went by the field of the lazy man,
And by the vineyard of the man devoid of understanding;
31 And there it was, all overgrown with thorns;
Its surface was covered with nettles;
Its stone wall was broken down.
32 When I saw it, I considered it well;
I looked on it and received instruction:
33 A little sleep, a little slumber,
A little folding of the hands to rest;
34 So shall your poverty come like a prowler,
And your need like an armed man.

 

I'm not up under a gag order cooperating in no wiretap order cause me everybody has a wiretap order on them including my poor ass so they violation our privacy and eavsedropping!Can they tell us who murdered Tupac and Biggie now ?They overlooked Hurricane Katrina 2005 ,but they didn't overlook 2007-2009 Internet Wire/Electronic Communication Wiretap Order information!MaconGa.operator's of the wiretap order can't stop me /us from reporting crimes committed by them and mailing out the evidence ya'll stupid ass failed to investigate all the way round damn Terrorist muthafuckin crimes reported by telephone ,in-person,and Internet!That's why the Government hate ya'll stupid anti-christ fugitives from justice asses the punishment for Genocide is $1,000,000.00 fine including imprisonment and death!How arresting between 2005-2013 for everything not pertaining to the Ineternet Wire/Electronic Communication Wiretap Order which add's up to Kidanping for ransom,retalitation against victim's and witnesses,genocide,violation of privacy and eavesdropping,involuntary servitude, and more!I got arrested,convicted,and sentenced in 2005 for violation of Bibb County Superior Court Probation.I wasn't on it !That's why I can't be arrested like ya'll my hip-hop brother game over internet incident!Kidnaping(for ransom) is a capital offenses punishable by death crimes!The court record's to crime everybody has ! The NAACP and Black Organization's president's and Member's mad about 2007 Jena 6 wiretap order they are criminal's deprivation of rights under color of law add violation of USC42 1983 claim they taking bribes to aid and abett and more! 

 

 

Delance1000's picture

Hebrews 13:1-6

New King James Version (NKJV)

Concluding Moral Directions

13 Let brotherly love continue. 2 Do not forget to entertain strangers, for by so doing some have unwittingly entertained angels. 3 Remember the prisoners as if chained with them—those who are mistreated—since you yourselves are in the body also.

4 Marriage is honorable among all, and the bed undefiled; but fornicators and adulterers God will judge.

5 Let your conduct be without covetousness; be content with such things as you have. For He Himself has said, “I will never leave you nor forsake you.”a]'>[a] 6 So we may boldly say:

“The Lordis my helper;
I will not fear.
What can man do to me?”b]'>[

 

I was assualted yesterday by a Macon Ga.oral communication wiretap order .a.k.a.Informant’s and Undercover’s!I reported the crime to Macon Ga.Police Dept.off of Pio Nono Ave.right down the street from Kroger’s!Everyday who operate Macon Georgia Wiretap Order referring to Judge’s (have to approve wiretap order,who can’t aiding and abetting Bibb County Courthouse judge’s and more on Kindapping me for ransom and more in 2005 in Bibb County Superior Court),Law Enforcement,Bibb County Sheriff Department(who made the false statement and more in the 2000 kidnaping for ransomand more),Macon Georgia Police Department(who participated/aided and abetted/and more in 1965 first degree murder and more of my late grandfather United States Veteran Alex Harris Jr.,1996-1999 participated/committed/aided and abetted/conspirator’s/and more to Child Abuse[physically abusing me under the age of 18 years old] –failure to report child abuse-perjury-duty to report suspected child abuse-Involuntary Servitude-Kidnaping me for ransom-illegally exclusion of evidence-and more ,FBI(who been notified since by telephone about the 1996 until 2005 the crime was reported reported due to their failure to investigate referring to come to the victim’s and witnesses),GBI( been getting nothified by telephone every since the 1996 incident),United States Secret Services ( been getting notified by the telephone),Governmental Agency’s,Prosecuting Attorney’s(In person to report the crimes to Macon Georgia District Attorney’s and Federal Prosecuting Attorney’s ),and more they ‘re the ones who make the arrest’s,convict and sentences criminal’s for the law ,but in this case they’re committing the crime’s ranging from Genocide,Kidnaping for ransom,Treason,Involuntary Servitude, Criminal Defamation,Bribery,Deprivation of rights under color of law,violation of federal protected activities,aiding and abetting,violation of privacy and eavesdropping,Obstruction of free exercise of religion beliefs including kidnapping for ransom,deprivation of relief benefit’s, violation of privacy and eavesdropping, and more to member’s of me, my family/extended family and Olgethrope Community Victim’s and witnesses starting in 1965 with the first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr. at Transco Plant Railroad (USC Title 18 1091 A-1 murder members of the group)!Now since my sister Mrs.Mattie Lee Gibson Harris passing in 2009 those who operate Macon Ga. Wiretap Order including their mayor along with their NAACP and Black Organization’s President’s and Member’s now want to be our people all of a sudden!They over looking Hurricane Katrina CNN-BET-and other’s websites Press and Internet Wiretap Order where I kicked off withreporting the 2005 crimes arrest,convict,and sentence of me and I wasn’t on Probation!When you hold a person against their will illegally no matter who you it’s kidnapping and then when ask for money for their release it’s ransom!Local Government,Emergency Response Provider’s, Critical Infastructure, Appropriate Congressional Committee,Judicial Branch,Legislaure ,and more can prove Macon Ga.Entire Bibb County Government Directory(Except Me ,Barack Obama,Bill Clinton,.J.F.K.Jr.,Abraham Lincoln,Me and Barack Obama and our administration) and their Intern’s,Partner and Stakeholder’s, administration’s, staff and faculty’s, employee’s,executive board member’s,director’s,business community,first responder’s,media/press/radio and news station’s(Fox24 News ,92.3,97.9,107.1,13WMAZ,BET,Oprah Winfrey,CNN,and more who been violating my United States Constitution first and six amendment right since 1996 particpating-conspirator’s-aiding and abetting-fugitives from justice-and more currently sending conspiracies-attempts-solicitationto network’s as ususal menattlly abusing themselves committing genocide to themselves and those who operate Macon Ga.wiretap order and more),Volunteer Groups,General Public (Except Me,My Family/Extended Family and Olgethrope Community victim’s and witnesses),The Department of Family and Children Services, Transco Plant Railroad still part of macon ga.business communitymerged into Florida Railroad-Georgia Southern railroad-and Norfolk Southern railroad,and more committing Genocide ,Kidnaping for ransom,Murder,Violation of privacy and eavesdropping,Involuntary Servitude ,and more to Me ,My family/Extended family and Olgethrope Community Victim’s and Witnesses since 1965 and presently!Instead of those who operate Macon Georgia Wiretap Order slandering,threatening-stalking-harassment communication –domestic violence,retalitation against victim’s and witnesses,Breach of Peace(Macon ga.senator’s and congress here in Macon Georgia been violated their oath of office since they been getting notified in person since 1996 just like Macon georgia mayor),and more saying I’m on the Internet Press and Wire/Electronic Communication Wiretap Order lying talking about I’m hanging around people with money!They can talk about aiding and abetting,violation of privacy and eavesdropping,genocide,violation of oath of office,false statement’s,child abuse,perjury,conspiracies-attempts-solicitation’s,retalitation against victim’s and witnesses,involuntary servitude,and more!

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

18 USC § 1091 - Genocide

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—

 

(1)kills members of that group;

 

(2)causes serious bodily injury to members of that group;

 

(3)causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

 

(4)subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

 

(5)imposes measures intended to prevent births within the group; or

 

(6)transfers by force children of the group to another group;

 

shall be punished as provided in subsection (b).

 

(b) Punishment for Basic Offense.— The punishment for an offense under subsection (a) is—

 

(1)in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and

 

(2)a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case.

 

(c) Incitement Offense.— Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both.

 

(d) Attempt and Conspiracy.— Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

 

(e) Jurisdiction.— There is jurisdiction over the offenses described in subsections (a), (c), and (d) if—

 

(1)the offense is committed in whole or in part within the United States; or

 

(2)regardless of where the offense is committed, the alleged offender is—

 

(A)a national of the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(B)an alien lawfully admitted for permanent residence in the United States (as that term is defined in section 101 of the Immigration and Nationality Act (8U.S.C. 1101));

 

(C)a stateless person whose habitual residence is in the United States; or

 

(D)present in the United States.

 

(f) Nonapplicability of Certain Limitations.— Notwithstanding section 3282, in the case of an offense under this section, an indictment may be found, or information instituted, at any time without limitation.

 

18 USC § 2518 - Procedure for interception of wire, oral, or electronic communications

 

  • US Code

 

  • Notes

 

  • Updates

 

  • Authorities (CFR)

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(1)Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication under this chapter shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall include the following information:

 

(a)the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;

 

(b)a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including

 

(i)details as to the particular offense that has been, is being, or is about to be committed,

 

(ii)except as provided in subsection (11), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted,

 

(iii)a particular description of the type of communications sought to be intercepted,

 

(iv)the identity of the person, if known, committing the offense and whose communications are to be intercepted;

 

(c)a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

 

(e)a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application; and

 

(f)where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

 

(2)The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.

 

(3)Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the territorial jurisdiction of the court in which the judge is sitting (and outside that jurisdiction but within the United States in the case of a mobile interception device authorized by a Federal court within such jurisdiction), if the judge determines on the basis of the facts submitted by the applicant that—

 

(a)there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter;

 

(b)there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;

 

(c)normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;

 

(d)except as provided in subsection (11), there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person.

 

(4)Each order authorizing or approving the interception of any wire, oral, or electronic communication under this chapter shall specify—

 

(a)the identity of the person, if known, whose communications are to be intercepted;

 

(b)the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

 

(c)a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

 

(d)the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

 

(e)the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

 

An order authorizing the interception of a wire, oral, or electronic communication under this chapter shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant for reasonable expenses incurred in providing such facilities or assistance. Pursuant to section 2522 of this chapter, an order may also be issued to enforce the assistance capability and capacity requirements under the Communications Assistance for Law Enforcement Act.

 

(5)No order entered under this section may authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Such thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this chapter may be conducted in whole or in part by Government personnel, or by an individual operating under a contract with the Government, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

 

(6)Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require.

 

(7)Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, who reasonably determines that—

 

(a)an emergency situation exists that involves—

 

(i)immediate danger of death or serious physical injury to any person,

 

(ii)conspiratorial activities threatening the national security interest, or

 

(iii)conspiratorial activities characteristic of organized crime,

 

that requires a wire, oral, or electronic communication to be intercepted before an order authorizing such interception can, with due diligence, be obtained, and

 

(b)there are grounds upon which an order could be entered under this chapter to authorize such interception,

 

may intercept such wire, oral, or electronic communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application.

 

(8)

 

(a)The contents of any wire, oral, or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) ofsection 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) ofsection 2517.

 

(b)Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

 

(c)Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge.

 

(d)Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 2518(7)(b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of—

 

(1)the fact of the entry of the order or the application;

 

(2)the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

 

(3)the fact that during the period wire, oral, or electronic communications were or were not intercepted.

 

The judge, upon the filing of a motion, may in his discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the inventory required by this subsection may be postponed.

 

(9)The contents of any wire, oral, or electronic communication intercepted pursuant to this chapter or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

 

(10)

 

(a)Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the contents of any wire or oral communication intercepted pursuant to this chapter, or evidence derived therefrom, on the grounds that—

 

(i)the communication was unlawfully intercepted;

 

(ii)the order of authorization or approval under which it was intercepted is insufficient on its face; or

 

(iii)the interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been

obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.

 

(b)In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under paragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

 

(c)The remedies and sanctions described in this chapter with respect to the interception of electronic communications are the only judicial remedies and sanctions for nonconstitutional violations of this chapter involving such communications.

 

(11)The requirements of subsections (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if—

 

(a)in the case of an application with respect to the interception of an oral communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

 

(iii)the judge finds that such specification is not practical; and

 

(b)in the case of an application with respect to a wire or electronic communication—

 

(i)the application is by a Federal investigative or law enforcement officer and is approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, an Assistant Attorney General, or an acting Assistant Attorney General;

 

(ii)the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person’s actions could have the effect of thwarting interception from a specified facility;

 

(iii)the judge finds that such showing has been adequately made; and

 

(iv)the order authorizing or approving the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is or was reasonably proximate to the instrument through which such communication will be or was transmitted.

 

(12)An interception of a communication under an order with respect to which the requirements of subsections (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (11)(b) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.

 

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Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

 

Article 250 - NY Penal Law

 

OFFENSES AGAINST THE RIGHT TO PRIVACY

 

250.00Eavesdropping; definitions of terms.

 

250.05Eavesdropping. E FELONY

 

250.10 Possession of eavesdropping devices. A MISD

 

250.15Failure to report wiretapping. B MISD

 

250.20Divulging an eavesdropping warrant. A MISD

 

250.25Tampering with private communications. B MISD

 

250.30Unlawfully obtaining communications information. A MISD

 

250.35Failing to report criminal communications. B MISD

 

250.40Unlawful surveillance; definitions.

 

250.45Unlawful surveillance in the second degree. E FELONY

 

250.50Unlawful surveillance in the first degree. D FELONY

 

250.55Dissemination of an unlawful surveillance

 

image in the second degree. A MISD

 

250.60Dissemination of an unlawful surveillance

 

image in the first degree. E FELONY

 

250.65Additional provisions.

 

 

 

S 250.00 Eavesdropping; definitions of terms.

 

The following definitions are applicable to this article:

 

1. "Wiretapping" means the intentional overhearing or recording of a

 

telephonic or telegraphic communication by a person other than a sender

 

or receiver thereof, without the consent of either the sender or

 

receiver, by means of any instrument, device or equipment. The normal

 

operation of a telephone or telegraph corporation and the normal use of

 

the services and facilities furnished by such corporation pursuant to

 

its tariffs or necessary to protect the rights or property of said

 

corporation shall not be deemed "wiretapping."

 

2. "Mechanical overhearing of a conversation" means the intentional

 

overhearing or recording of a conversation or discussion, without the

 

consent of at least one party thereto, by a person not present thereat,

 

by means of any instrument, device or equipment.

 

3. "Telephonic communication" means any aural transfer made in whole

 

or in part through the use of facilities for the transmission of

 

communications by the aid of wire, cable or other like connection

 

between the point of origin and the point of reception (including the

 

use of such connection in a switching station) furnished or operated by

 

any person engaged in providing or operating such facilities for the

 

transmission of communications and such term includes any electronic

 

storage of such communications.

 

4. "Aural transfer" means a transfer containing the human voice at any

 

point between and including the point of origin and the point of

 

reception.

 

5. "Electronic communication" means any transfer of signs, signals,

 

writing, images, sounds, data, or intelligence of any nature transmitted

 

in whole or in part by a wire, radio, electromagnetic, photoelectronic

 

or photo-optical system, but does not include:

 

(a) any telephonic or telegraphic communication; or

 

(b) any communication made through a tone only paging device; or

 

(c) any communication made through a tracking device consisting of an

 

electronic or mechanical device which permits the tracking of the

 

movement of a person or object; or

 

(d) any communication that is disseminated by the sender through a

 

method of transmission that is configured so that such communication is

 

readily accessible to the general public.

 

6. "Intercepting or accessing of an electronic communication" and

 

"intentionally intercepted or accessed" mean the intentional acquiring,

 

receiving, collecting, overhearing, or recording of an electronic

 

communication, without the consent of the sender or intended receiver

 

thereof, by means of any instrument, device or equipment, except when

 

used by a telephone company in the ordinary course of its business or

 

when necessary to protect the rights or property of such company.

 

7. "Electronic communication service" means any service which provides

 

to users thereof the ability to send or receive wire or electronic

 

communications.

 

8. "Unlawfully" means not specifically authorized pursuant to article

 

seven hundred or seven hundred five of the criminal procedure law for

 

the purposes of this section andsections 250.05, 250.10, 250.15,

 

250.20, 250.25, 250.30 and 250.35 of this article.

 

 

 

S 250.05 Eavesdropping.

 

A person is guilty of eavesdropping when he unlawfully engages in

 

wiretapping, mechanical overhearing of a conversation, or intercepting

 

or accessing of an electronic communication.

 

Eavesdropping is a class E felony.

 

 

 

S 250.10 Possession of eavesdropping devices.

 

A person is guilty of possession of eavesdropping devices when, under

 

circumstances evincing an intent to use or to permit the same to be used

 

in violation of section 250.05, he possesses any instrument, device or

 

equipment designed for, adapted to or commonly used in wiretapping or

 

mechanical overhearing of a conversation.

 

Possession of eavesdropping devices is a class A misdemeanor.

 

 

 

S 250.15 Failure to report wiretapping.

 

A telephone or telegraph corporation is guilty of failure to report

 

wiretapping when, having knowledge of the occurrence of unlawful

 

wiretapping, it does not report such matter to an appropriate law

 

enforcement officer or agency.

 

Failure to report wiretapping is a class B misdemeanor.

 

 

 

S 250.20 Divulging an eavesdropping warrant.

 

A person is guilty of divulging an eavesdropping warrant when,

 

possessing information concerning the existence or content of an

 

eavesdropping warrant issued pursuant to article seven hundred of the

 

criminal procedure law, or concerning any circumstances attending an

 

application for such a warrant, he discloses such information to another

 

person; except that such disclosure is not criminal or unlawful when

 

permitted by section 700.65 of the criminal procedure law or when made

 

to a state or federal agency specifically authorized by law to receive

 

reports concerning eavesdropping warrants, or when made in a legal

 

proceeding, or to a law enforcement officer or agency connected with the

 

application for such warrant, or to a legislative committee or temporary

 

state commission, or to the telephone or telegraph corporation whose

 

facilities are involved, or to any entity operating an electronic

 

communications service whose facilities are involved.

 

Divulging an eavesdropping warrant is a class A misdemeanor.

 

 

 

S 250.25 Tampering with private communications.

 

A person is guilty of tampering with private communications when:

 

1. Knowing that he does not have the consent of the sender or

 

receiver, he opens or reads a sealed letter or other sealed private

 

communication; or

 

2. Knowing that a sealed letter or other sealed private communication

 

has been opened or read in violation of subdivision one of this section,

 

he divulges without the consent of the sender or receiver, the contents

 

of such letter or communication, in whole or in part, or a resume of any

 

portion of the contents thereof; or

 

3. Knowing that he does not have the consent of the sender or

 

receiver, he obtains or attempts to obtain from an employee, officer or

 

representative of a telephone or telegraph corporation, by connivance,

 

deception, intimidation or in any other manner, information with respect

 

to the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to a law enforcement officer who obtains information from a

 

telephone or telegraph corporation pursuant to section 250.35; or

 

4. Knowing that he does not have the consent of the sender or

 

receiver, and being an employee, officer or representative of a

 

telephone or telegraph corporation, he knowingly divulges to another

 

person the contents or nature thereof of a telephonic or telegraphic

 

communication; except that the provisions of this subdivision do not

 

apply to such person when he acts pursuant to section 250.35.

 

Tampering with private communications is a class B misdemeanor.

 

 

 

S 250.30 Unlawfully obtaining communications information.

 

A person is guilty of unlawfully obtaining communications information

 

when, knowing that he does not have the authorization of a telephone or

 

telegraph corporation, he obtains or attempts to obtain, by deception,

 

stealth or in any other manner, from such corporation or from any

 

employee, officer or representative thereof:

 

1. Information concerning identification or location of any wires,

 

cables, lines, terminals or other apparatus used in furnishing telephone

 

or telegraph service; or

 

2. Information concerning a record of any communication passing over

 

telephone or telegraph lines of any such corporation.

 

Unlawfully obtaining communications information is a class B

 

misdemeanor.

 

 

 

S 250.35 Failing to report criminal communications.

 

1. It shall be the duty of a telephone or telegraph corporation, or an

 

entity operating an electronic communications service, and of any

 

employee, officer or representative thereof having knowledge that the

 

facilities of such corporation or entity are being used to conduct any

 

criminal business, traffic or transaction, to furnish or attempt to

 

furnish to an appropriate law enforcement officer or agency all

 

pertinent information within his possession relating to such matter, and

 

to cooperate fully with any law enforcement officer or agency

 

investigating such matter.

 

2. A person is guilty of failing to report criminal communications

 

when he knowingly violates any duty prescribed in subdivision one of

 

this section.

 

Failing to report criminal communications is a class B misdemeanor.

 

 

 

S 250.40 Unlawful surveillance; definitions.

 

Thefollowingdefinitionsshallapplyto sections 250.45, 250.50,

 

250.55 and 250.60 of this article:

 

1. "Place and time when apersonhasareasonableexpectationof

 

privacy"meansa place and time when a reasonable person would believe

 

that he or she could fully disrobe in privacy.

 

2. "Imagingdevice"meansanymechanical,digitalorelectronic

 

viewingdevice, camera, cellular phone or any other instrument capable

 

of recording, storing or transmitting visual images that can be utilized

 

to observe a person.

 

3."Sexualorotherintimate parts" means the human male or female

 

genitals, pubic area or buttocks, or the female breast below the topof

 

thenipple, and shall include such part or parts which are covered only

 

by an undergarment.

 

4. "Broadcast" means electronically transmitting a visualimagewith

 

the intent that it be viewed by a person.

 

5."Disseminate"means to give, provide, lend, deliver, mail, send,

 

forward, transfer or transmit, electronically orotherwisetoanother

 

person.

 

6."Publish" means to (a) disseminate, as defined in subdivision five

 

ofthissection,withtheintent thatsuchimageorimagesbe

 

disseminated to ten or more persons; or (b) disseminate with theintent

 

thatsuchimagesbesoldbyanotherperson; or (c) post, present,

 

display, exhibit, circulate, advertise or allows access,electronically

 

orotherwise, so as to make an image or images available to the public;

 

or (d) disseminate with the intent that an image orimagesbeposted,

 

presented,displayed,exhibited,circulated,advertisedormade

 

accessible, electronically or otherwise and to make such image or images

 

available to the public.

 

7. "Sell" means to disseminate to another person, as defined in

 

subdivisionfiveofthissection,ortopublish,asdefinedin

 

subdivision six of this section, in exchange for something of value.

 

 

 

S 250.45 Unlawful surveillance in the second degree.

 

A person is guilty of unlawful surveillance in the second degree when:

 

1.Forhis or her own, or another person's amusement, entertainment,

 

or profit, or for the purpose of degrading or abusing aperson,heor

 

sheintentionallyusesorinstalls,orpermitsthe utilization or

 

installation of an imaging device to surreptitiously view, broadcastor

 

recordaperson dressing or undressing or the sexual or other intimate

 

parts of such person ataplaceandtimewhensuchpersonhasa

 

reasonableexpectationofprivacy, without such person's knowledge or

 

consent; or

 

2. For his or her own, or another person's sexualarousalorsexual

 

gratification,he or she intentionally uses or installs, or permits the

 

utilization or installation ofanimagingdevicetosurreptitiously

 

view,broadcast or record a person dressing or undressing or the sexual

 

or other intimate parts of such person at a placeandtimewhensuch

 

personhasareasonable expectation of privacy, without such person's

 

knowledge or consent; or

 

3. (a) For no legitimate purpose, heorsheintentionallyusesor

 

installs,orpermitstheutilizationorinstallation of an imaging

 

device to surreptitiously view,broadcastorrecordapersonina

 

bedroom,changingroom,fittingroom,restroom,toilet,bathroom,

 

washroom, shower or any room assigned to guests or patrons inamotel,

 

hotel or inn, without such person's knowledge or consent.

 

(b)Forthepurposesofthissubdivision,when a person uses or

 

installs, or permits theutilizationorinstallationofanimaging

 

deviceinabedroom,changingroom, fitting room, restroom, toilet,

 

bathroom, washroom, shower or any room assigned to guests or patronsin

 

ahotel,motelorinn,thereis a rebuttable presumption that such

 

person did so for no legitimate purpose; or

 

4.Withouttheknowledgeorconsentofaperson,heorshe

 

intentionallyusesorinstalls,orpermitstheutilizationor

 

installation of an imaging device to surreptitiously view, broadcastor

 

record,undertheclothingbeingworn by such person, the sexual or

 

other intimate parts of such person.

 

Unlawful surveillance in the second degree is a class E felony.

 

 

 

S 250.50 Unlawful surveillance in the first degree.

 

Apersonis guilty of unlawful surveillance in the first degree when

 

he or she commits the crimeofunlawfulsurveillanceinthesecond

 

degreeandhasbeen previously convicted within the past ten years of

 

unlawful surveillance in the first or second degree.

 

Unlawful surveillance in the first degree is a class D felony.

 

 

 

S 250.55 Dissemination of an unlawful surveillance image in the second

 

degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

intheseconddegreewhenhe or she, with knowledge of the unlawful

 

conduct by which an image or images ofthesexualorotherintimate

 

partsofanotherpersonorpersonswere obtained and such unlawful

 

conduct would satisfy the essential elements of thecrimeofunlawful

 

surveillanceinthe first or second degree, intentionally disseminates

 

such image or images.

 

Dissemination of an unlawful surveillance image in theseconddegree

 

is a class A misdemeanor.

 

 

 

S 250.60 Dissemination of an unlawful surveillance image in the first degree.

 

A person is guilty of dissemination of an unlawful surveillanceimage

 

in the first degree when:

 

1. He or she, with knowledge of the unlawful conduct by which an image

 

orimagesofthesexual or other intimate parts of another person or

 

persons were obtainedandsuchunlawfulconductwouldsatisfythe

 

essential elements of the crime of unlawful surveillance in the first or

 

second degree, sells or publishes such image or images; or

 

2.Having created a surveillance image in violation of section 250.45

 

or 250.50 of this article, or in violationofthelawinanyother

 

jurisdiction which includes all of the essential elements of either such

 

crime,orhaving acted as an accomplice to such crime, or acting as an

 

agent to the person who committed such crime, heorsheintentionally

 

disseminates such unlawfully created image; or

 

3.Heorshecommitsthecrimeofdissemination of an unlawful

 

surveillanceimageintheseconddegreeandhasbeenpreviously

 

convictedwithinthepasttenyears of dissemination of an unlawful

 

surveillance image in the first or second degree.

 

Dissemination of an unlawful surveillance image in the first degree is

 

a class E felony.

 

 

 

S 250.65 Additional provisions.

 

1.Theprovisionsofsections 250.45, 250.50, 250.55 and 250.60 of

 

this article do not apply withrespecttoany:(a)lawenforcement

 

personnelengagedintheconductoftheirauthorizedduties; (b)

 

security system wherein a written notice is conspicuously posted onthe

 

premises stating that a video surveillance system has been installed for

 

thepurpose of security; or (c) video surveillance devices installed in

 

such a manner that their presence is clearly and immediately obvious.

 

2. With respect to sections 250.55 and 250.60ofthisarticle,the

 

provisions of subdivision two of section 235.15 and subdivisions one and

 

two of section 235.24 of this chapter shall apply.

 

45-5-305. Subjecting another to involuntary servitude -- definitions. (1) A person commits the offense of subjecting another to involuntary servitude if the person purposely or knowingly obtains or maintains the forced labor or services of another person by any of the following actions or by threatening any of the following actions:
(a) causing physical harm to any person;
(b) damaging or destroying the property of any person;
(c) physically restraining another person;
(d) abusing the law or legal process;
(e) knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of another person;
(f) blackmail; or
(g) causing financial harm to any person or using financial control over any person.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of subjecting another to involuntary servitude shall be imprisoned in the state prison for a term of not more than 10 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of subjecting another to involuntary servitude, if the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide, shall be punished by life imprisonment or by imprisonment in the state prison for a term of not more than 100 years and may be fined not more than $50,000.
(3) As used in this part, unless the context requires otherwise, the following definitions apply:
(a) "Blackmail" means an unlawful demand of money, property, or services under threat to accuse another person of a crime or to expose any secret tending to subject a person to hatred, contempt, or ridicule.
(b) "Commercial sexual activity" means any sex act or simulated sex act, including sexually explicit performances, for which anything of value is given, promised to, or received directly or indirectly by any person.
(c) "Financial harm" includes employment contracts that violate 28-2-903, taking, receiving, reserving, or charging a rate of interest greater than is allowed by31-1-107, and defrauding creditors as defined in 45-6-315.
(d) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through violation of subsection (1).
(e) "Labor" means work of economic or financial value.
(f) "Maintain" means to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform that type of service.
(g) "Obtain" means to secure the performance of labor or services.
(h) "Services" means acts committed at the direction of, at the request of, under the supervision of, or for the benefit of another, including commercial sexual activity.
(i) "Sexually explicit performances" means live, public, private, photographed, recorded, or videotaped acts or simulated acts intended to sexually arouse, satisfy the sexual desires of, or appeal to the prurient interests of any person.

 

18 USC § 245 - Federally protected activities

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

(a)

 

(1)Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.

 

(2)Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

 

(b)Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with—

 

(1)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;

 

(D)serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;

 

(E)participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or

 

(2)any person because of his race, color, religion or national origin and because he is or has been—

 

(A)enrolling in or attending any public school or public college;

 

(B)participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;

 

(C)applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;

 

(D)serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror;

 

(E)traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;

 

(F)enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and

 

(i)which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and

 

(ii)which holds itself out as serving patrons of such establishments; or

 

(3)during or incident to a riot or civil disorder, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to interstate travelers a substantial portion of the articles, commodities, or services which it sells or where a substantial portion of the articles or commodities which it sells or offers for sale have moved in commerce; or

 

(4)any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from—

 

(A)participating, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F); or

 

(B)affording another person or class of persons opportunity or protection to so participate; or

 

(5)any citizen because he is or has been, or in order to intimidate such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the benefits or activities described in subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A) through (2)(F), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate—

 

shall be fined under this title, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. As used in this section, the term “participating lawfully in speech or peaceful assembly” shall not mean the aiding, abetting, or inciting of other persons to riot or to commit any act of physical violence upon any individual or against any real or personal property in furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall apply to the proprietor of any establishment which provides lodging to transient guests, or to any employee acting on behalf of such proprietor, with respect to the enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of such establishment if such establishment is located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor as his residence.

 

(c)Nothing in this section shall be construed so as to deter any law enforcement officer from lawfully carrying out the duties of his office; and no law enforcement officer shall be considered to be in violation of this section for lawfully carrying out the duties of his office or lawfully enforcing ordinances and laws of the United States, the District of Columbia, any of the several States, or any political subdivision of a State. For purposes of the preceding sentence, the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State.

 

(d)For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

 

18 USC § 242 - Deprivation of rights under color of law

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

Title VII of the Civil Rights Act of 1964

 

EDITOR'S NOTE: The following is the text of Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.

 

 

An Act

 

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.

 

* * *

 

DEFINITIONS

 

SEC. 2000e. [Section 701]

 

For the purposes of this subchapter-

 

(a) The term “person”includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-­stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 [originally, bankruptcy ], or receivers.

 

(b) The term “employer”means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5 [United States Code]), or

 

(2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26 [the Internal Revenue Code of 1986], except that during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty-­five employees (and their agents) shall not be considered employers.

 

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

 

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

 

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-­five or more during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], or (B) fifteen or more thereafter, and such labor organization-

 

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.];

 

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

 

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

 

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

 

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

 

(f) The term “employee”means an individual employed by an employer, except that the term “employee”shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.

 

(g) The term “commerce”means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

 

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-­Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.], and further includes any governmental industry, business, or activity.

 

(i) The term “State”includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].

 

(j) The term “religion”includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.

 

(k) The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-­related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)] shall be interpreted to permit otherwise. This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

 

(l) The term “complaining party” means the Commission, the Attorney General, or a person who may bring an action or proceeding under this subchapter.

 

(m) The term“demonstrates” means meets the burdens of production and persuasion.

 

(n) The term “respondent”means an employer, employment agency, labor organization, joint labor ­management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or Federal entity subject to section 2000e-16 of this title.

 

APPLICABILITY TO FOREIGN AND RELIGIOUS EMPLOYMENT

 

SEC. 2000e-1. [Section 702]

 

(a) Inapplicability of subchapter to certain aliens and employees of religious entities

 

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

 

(b) Compliance with statute as violative of foreign law

 

It shall not be unlawful under section 2000e-2 or 2000e-3 of this title [section 703 or 704] for an employer (or a corporation controlled by an employer), labor organization, employment agency, or joint labor­-management committee controlling apprenticeship or other training or retraining (including on-­the-­job training programs) to take any action otherwise prohibited by such section, with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer (or such corporation), such organization, such agency, or such committee to violate the law of the foreign country in which such workplace is located.

 

(c) Control of corporation incorporated in foreign country

 

(1) If an employer controls a corporation whose place of incorporation is a foreign country, any practice prohibited by section 2000e-2 or 2000e-3 of this title [section 703 or 704] engaged in by such corporation shall be presumed to be engaged in by such employer.

 

(2) Sections 2000e-2 and 2000e-3 of this title [sections 703 and 704] shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

 

(3) For purposes of this subsection, the determination of whether an employer controls a corporation shall be based on-

 

(A) the interrelation of operations;

 

(B) the common management;

 

(C) the centralized control of labor relations; and

 

(D) the common ownership or financial control, of the employer and the corporation.

 

UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-2. [Section 703]

 

(a) Employer practices

 

It shall be an unlawful employment practice for an employer -

 

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

 

(b) Employment agency practices

 

It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

 

(c) Labor organization practices

 

It shall be an unlawful employment practice for a labor organization-

 

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

 

(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

 

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

 

(d) Training programs

 

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

 

(e) Businesses or enterprises with personnel qualified on basis of religion, sex, or national origin; educational institutions with personnel of particular religion

 

Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor­ management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

 

(f) Members of Communist Party or Communist-action or Communist-front organizations

 

As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor­ management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist­-action or Communist-­front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.].

 

(g) National security

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if-

 

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

 

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

 

(h) Seniority or merit system; quantity or quality of production; ability tests; compensation based on sex and authorized by minimum wage provisions

 

Notwithstanding any other provision of this subchapter, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of Title 29 [section 6(d) of the Labor Standards Act of 1938, as amended].

 

(i) Businesses or enterprises extending preferential treatment to Indians

 

Nothing contained in this subchapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

 

(j) Preferential treatment not to be granted on account of existing number or percentage imbalance

 

Nothing contained in this subchapter shall be interpreted to require any employer, employment agency, labor organization, or joint labor-­management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

 

(k) Burden of proof in disparate impact cases

 

(1) (A) An unlawful employment practice based on disparate impact is established under this subchapter only if-

 

(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or

 

(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

 

(B) (i) With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph (A)(i), the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complaining party can demonstrate to the court that the elements of a respondent’s decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as one employment practice.

 

(ii) If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity.

 

(C) The demonstration referred to by subparagraph (A)(ii) shall be in accordance with the law as it existed on June 4, 1989, with respect to the concept of “alternative employment practice”.

 

(2) A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this subchapter.

 

(3) Notwithstanding any other provision of this subchapter, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.] or any other provision of Federal law, shall be considered an unlawful employment practice under this subchapter only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

 

(l) Prohibition of discriminatory use of test scores

 

It shall be an unlawful employment practice for a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin.

 

(m) Impermissible consideration of race, color, religion, sex, or national origin in employment practices

 

Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.

 

(n) Resolution of challenges to employment practices implementing litigated or consent judgments or orders

 

(1) (A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B).

 

(B) A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws-

 

(i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had-

 

(I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and

 

(II) a reasonable opportunity to present objections to such judgment or order; or

 

(ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact.

 

(2) Nothing in this subsection shall be construed to-

 

(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened;

 

(B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government;

 

(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or

 

(D) authorize or permit the denial to any person of the due process of law required by the Constitution.

 

(3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsection shall preclude a transfer of such action pursuant to section 1404 of Title 28 [United States Code].

 

OTHER UNLAWFUL EMPLOYMENT PRACTICES

 

SEC. 2000e-3. [Section 704]

 

(a) Discrimination for making charges, testifying, assisting, or participating in enforcement proceedings

 

It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on—the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

 

(b) Printing or publication of notices or advertisements indicating prohibited preference, limitation, specification, or discrimination; occupational qualification exception

 

It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-­management committee controlling apprenticeship or other training or retraining, including on­-the-­job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor­-management committee, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

 

SEC. 2000e-4. [Section 705]

 

(a) Creation; composition; political representation; appointment; term; vacancies; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel

 

There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and, except as provided in subsection (b) of this section, shall appoint, in accordance with the provisions of Title 5 [United States Code] governing appointments in the competitive service, such officers, agents, attorneys, administrative law judges [originally, hearing examiners], and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5 [United States Code], relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of administrative law judges [originally, hearing examiners] shall be in accordance with sections 3105, 3344, 5372, and 7521 of Title 5 [United States Code].

 

(b) General Counsel; appointment; term; duties; representation by attorneys and Attorney General

 

(1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title [sections 706 and 707]. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified.

 

(2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter.

 

(c) Exercise of powers during vacancy; quorum

 

A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

 

(d) Seal; judicial notice

 

The Commission shall have an official seal which shall be judicially noticed.

 

(e) Reports to Congress and the President

 

The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken [originally, the names, salaries, and duties of all individuals in its employ] and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

 

(f) Principal and other offices

 

The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this subchapter.

 

(g) Powers of Commission

 

The Commission shall have power-

 

(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

 

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

 

(3) to furnish to persons subject to this subchapter such technical assistance as they may request to further their compliance with this subchapter or an order issued thereunder;

 

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this subchapter, to assist in such effectuation by conciliation or such other remedial action as is provided by this subchapter;

 

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this subchapter and to make the results of such studies available to the public;

 

(6) to intervene in a civil action brought under section 2000e-5 of this title [section 706]by an aggrieved party against a respondent other than a government, governmental agency or political subdivision.

 

(h) Cooperation with other departments and agencies in performance of educational or promotional activities; outreach activities

 

(1) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

 

(2) In exercising its powers under this subchapter, the Commission shall carry out educational and outreach activities (including dissemination of information in languages other than English) targeted to-

 

(A) individuals who historically have been victims of employment discrimination and have not been equitably served by the Commission; and

 

(B) individuals on whose behalf the Commission has authority to enforce any other law prohibiting employment discrimination, concerning rights and obligations under this subchapter or such law, as the case may be.

 

(i) Personnel subject to political activity restrictions

 

All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 7324 of Title 5 [originally, section 9 of the Act of August 2, 1939, as amended (the Hatch Act)], notwithstanding any exemption contained in such section.

 

(j) Technical Assistance Training Institute

 

(1) The Commission shall establish a Technical Assistance Training Institute, through which the Commission shall provide technical assistance and training regarding the laws and regulations enforced by the Commission.

 

(2) An employer or other entity covered under this subchapter shall not be excused from compliance with the requirements of this subchapter because of any failure to receive technical assistance under this subsection.

 

(3) There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1992.

 

(k) EEOC Education, Technical Assistance, and Training Revolving Fund

 

(1) There is hereby established in the Treasury of the United States a revolving fund to be known as the “EEOC Education, Technical Assistance, and Training Revolving Fund”(hereinafter in this subsection referred to as the “Fund”) and to pay the cost (including administrative and personnel expenses) of providing education, technical assistance, and training relating to laws administered by the Commission. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes.

 

(2)(A) The Commission shall charge fees in accordance with the provisions of this paragraph to offset the costs of education, technical assistance, and training provided with monies in the Fund. Such fees for any education, technical assistance, or training--

 

(i) shall be imposed on a uniform basis on persons and entities receiving such education, assistance, or training,

 

(ii) shall not exceed the cost of providing such education, assistance, and training, and

 

(iii) with respect to each person or entity receiving such education, assistance, or training, shall bear a reasonable relationship to the cost of providing such education, assistance, or training to such person or entity.

 

(B) Fees received under subparagraph (A) shall be deposited in the Fund by the Commission.

 

(C) The Commission shall include in each report made under subsection (e) of this section information with respect to the operation of the Fund, including information, presented in the aggregate, relating to--

 

(i) the number of persons and entities to which the Commission provided education, technical assistance, or training with monies in the Fund, in the fiscal year for which such report is prepared,

 

(ii) the cost to the Commission to provide such education, technical assistance, or training to such persons and entities, and

 

(iii) the amount of any fees received by the Commission from such persons and entities for such education, technical assistance, or training.

 

(3) The Secretary of the Treasury shall invest the portion of the Fund not required to satisfy current expenditures from the Fund, as determined by the Commission, in obligations of the United States or obligations guaranteed as to principal by the United States. Investment proceeds shall be deposited in the Fund.

 

(4) There is hereby transferred to the Fund $1,000,000 from the Salaries and Expenses appropriation of the Commission.

 

ENFORCEMENT PROVISIONS

 

SEC. 2000e-5. [Section 706]

 

(a) Power of Commission to prevent unlawful employment practices

 

The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title [section 703 or 704].

 

(b) Charges by persons aggrieved or member of Commission of unlawful employment practices by employers, etc.; filing; allegations; notice to respondent; contents of notice; investigation by Commission; contents of charges; prohibition on disclosure of charges; determination of reasonable cause; conference, conciliation, and persuasion for elimination of unlawful practices; prohibition on disclosure of informal endeavors to end unlawful practices; use of evidence in subsequent proceedings; penalties for disclosure of information; time for determination of reasonable cause

 

Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor­management committee controlling apprenticeship or other training or retraining, including on-­the-­job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such employer, employment agency, labor organization, or joint labor-­management committee (hereinafter referred to as the “respondent”) within ten days, and shall make an investigation thereof. Charges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires. Charges shall not be made public by the Commission. If the Commission determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. In determining whether reasonable cause exists, the Commission shall accord substantial weight to final findings and orders made by State or local authorities in proceedings commenced under State or local law pursuant to the requirements of subsections (c) and (d) of this section. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The Commission shall make its determination on reasonable cause as promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where applicable under subsection (c) or (d) of this section, from the date upon which the Commission is authorized to take action with respect to the charge.

 

(c) State or local enforcement proceedings; notification of State or local authority; time for filing charges with Commission; commencement of proceedings

 

In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

 

(d) State or local enforcement proceedings; notification of State or local authority; time for action on charges by Commission

 

In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-­day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

 

(e) Time for filing charges; time for service of notice of charge on respondent; filing of charge by Commission with State or local agency; seniority system

 

(1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

 

(2) For purposes of this section, an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose in violation of this subchapter (whether or not that discriminatory purpose is apparent on the face of the seniority provision), when the seniority system is adopted, when an individual becomes subject to the seniority system, or when a person aggrieved is injured by the application of the seniority system or provision of the system.

 

(3)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.

 

(B) In addition to any relief authorized by section 1977A of the Revised Statutes (42 U.S.C. 1981a), liability may accrue and an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing a charge.

 

(f) Civil action by Commission, Attorney General, or person aggrieved; preconditions; procedure; appointment of attorney; payment of fees, costs, or security; intervention; stay of Federal proceedings; action for appropriate temporary or preliminary relief pending final disposition of charge; jurisdiction and venue of United States courts; designation of judge to hear and determine case; assignment of case for hearing; expedition of case; appointment of master

 

(1) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) or (d) of this section, the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission may bring a civil action against any respondent not a government, governmental agency, or political subdivision named in the charge. In the case of a respondent which is a government, governmental agency, or political subdivision, if the Commission has been unable to secure from the respondent a conciliation agreement acceptable to the Commission, the Commission shall take no further action and shall refer the case to the Attorney General who may bring a civil action against such respondent in the appropriate United States district court. The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision. If a charge filed with the Commission pursuant to subsection (b) of this section is dismissed by the Commission, or if within one hundred and eighty days from the filing of such charge or the expiration of any period of reference under subsection (c) or (d) of this section, whichever is later, the Commission has not filed a civil action under this section or the Attorney General has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge (A) by the person claiming to be aggrieved or (B) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance.

 

(2) Whenever a charge is filed with the Commission and the Commission concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this Act, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure. It shall be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases to be in every way expedited.

 

(3) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of Title 28 [United States Code], the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

 

(4) 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.

 

(5) It shall be the duty of the judge designated pursuant to this subsection to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. If such judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to rule 53 of the Federal Rules of Civil Procedure.

 

(g) Injunctions; appropriate affirmative action; equitable relief; accrual of back pay; reduction of back pay; limitations on judicial orders

 

(1) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice), or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of a charge with the Commission. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.

 

(2) (A) No order of the court shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, or national origin or in violation of section 2000e-3(a) of this Title [section 704(a)].

 

(B) On a claim in which an individual proves a violation under section 2000e-2(m) of this title [section 703(m)] and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-

 

(i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m) of this title [section 703(m)]; and

 

(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).

 

(h) Provisions of chapter 6 of Title 29 not applicable to civil actions for prevention of unlawful practices

 

The provisions of chapter 6 of title 29 [the Act entitled“An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 105-115)] shall not apply with respect to civil actions brought under this section.

 

(i) Proceedings by Commission to compel compliance with judicial orders In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission may commence proceedings to compel compliance with such order.

 

(j) Appeals

 

Any civil action brought under this section and any proceedings brought under subsection (i) of this section shall be subject to appeal as provided in sections 1291 and 1292, Title 28 [United States Code].

 

(k) Attorney’s fee; liability of Commission and United States for costs

 

In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee (including expert fees) as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

 

CIVIL ACTIONS BY THE ATTORNEY GENERAL

 

SEC. 2000e-6. [Section 707]

 

(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 offunctions, etc., to Commission; effective date; prerequisite to transfer; execution of functions by Commission

 

Effective two years after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], the functions of theAttorney 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 [United States Code], 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 date of enactment of the Equal Employment Opportunity Act of 1972], the Commission shall haveauthority to investigate and act on a charge of a pattern or practice ofdiscrimination, whether filed by or on behalf of a person claiming to beaggrieved or by a member of the Commission. All such actions shall beconducted in accordance with the procedures set forth in section 2000e-5of this title [section 706].

 

EFFECT ON STATE LAWS

 

SEC. 2000e-7. [Section 708]

 

Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.

 

INVESTIGATIONS

 

SEC. 2000e-8. [Section 709]

 

(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 [section 706], 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.

 

CONDUCT OF HEARINGS AND INVESTIGATIONS PURSUANT TO SECTION 161 OF Title 29

 

SEC. 2000e-9. [Section 710]

 

For the purpose of all hearings and investigations conducted by the Commission or its duly authorized agents or agencies, section 161 of Title 29 [section 11 of the National Labor Relations Act] shall apply.

 

POSTING OF NOTICES; PENALTIES

 

SEC. 2000e-10. [Section 711]

 

(a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this subchapter and information pertinent to the filing of a complaint.

 

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

 

VETERANS’SPECIAL RIGHTS OR PREFERENCE

 

SEC. 2000e-11. [Section 712]

 

Nothing contained in this subchapter shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

 

REGULATIONS; CONFORMITY OF REGULATIONS WITH ADMINISTRATIVE PROCEDURE PROVISIONS; RELIANCE ON INTERPRETATIONS AND INSTRUCTIONS OF COMMISSION

 

SEC. 2000e-12. [Section 713]

 

(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 [originally, the Administrative Procedure Act].

 

(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.

 

APPLICATION TO PERSONNEL OF COMMISSION OF SECTIONS 111 AND 1114 OF TITLE 18; PUNISHMENT FOR VIOLATION OF SECTION 1114 OF TITLE 18

 

SEC. 2000e-13. [Section 714]

 

The provisions of sections 111 and 1114, Title 18 [United States Code], shall apply to officers, agents, and employees of the Commission in the performance of their official duties. Notwithstanding the provisions of sections 111 and 1114 of Title 18 [United States Code], whoever in violation of the provisions of section 1114 of such title kills a person while engaged in or on account of the performance of his official functions under this Act shall be punished by imprisonment for any term of years or for life.

 

TRANSFER OF AUTHORITY

 

[Administration of the duties of theEqual Employment Opportunity Coordinating Council was transferred to the Equal Employment Opportunity Commission effective July 1, 1978, under the President's Reorganization Plan of 1978.]

EQUAL EMPLOYMENT OPPORTUNITY COORD

INATING COUNCIL; ESTABLISHMENT; COMPOSITION; DUTIES; REPORT TO PRESIDENT AND CONGRESS

 

SEC. 2000e-14. [Section 715]

 

[Original introductory text: There shall be established an Equal Employment Opportunity Coordinating Council (hereinafter referred to in this section as the Council) composed of the Secretary of Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission, and the Chairman of the United States Civil Rights Commission, or their respective delegates.]

 

The Equal Employment Opportunity Commission [originally, Council] shall have the responsibility for developing and implementing agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the various departments, agencies and branches of the Federal Government responsible for the implementation and enforcement of equal employment opportunity legislation, orders, and policies. On or before October 1 [originally, July 1] of each year, the Equal Employment Opportunity Commission [originally, Council] shall transmit to the President and to the Congress a report of its activities, together with such recommendations for legislative or administrative changes as it concludes are desirable to further promote the purposes of this section.

 

PRESIDENTIAL CONFERENCES; ACQUAINTANCE OF LEADERSHIP WITH PROVISIONS FOR EMPLOYMENT RIGHTS AND OBLIGATIONS; PLANS FOR FAIR ADMINISTRATION; MEMBERSHIP

 

SEC. 2000e-15. [Section 716]

 

[Original text: (a) This title shall become effective one year after the date of its enactment.

 

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

 

(c)]The President shall, as soon as feasible after July 2, 1964 [the date of enactment of this title], convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this subchapter to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this subchapter when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this subchapter.

 

TRANSFER OF AUTHORITY

 

[Enforcement of Section 717 was transferred to the Equal EmploymentOpportunity Commission from the Civil Service Commission (Office of Personnel Management) effective January 1, 1979 under the President’s Reorganization Plan No. 1 of 1978.]

 

EMPLOYMENT BY FEDERAL GOVERNMENT

 

SEC. 2000e-16. [Section 717]

 

(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 [United States Code], in executive agencies [originally, other than the General Accounting Office]as defined in section 105 of Title 5 [United States Code] (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units of the Government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Printing Office, the Government Accountability Office, and 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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 [originally, Civil Service 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[section 706], 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 [section 706(f) through (k)], 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.

 

(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.

 

(f) Section 2000e-5(e)(3)[Section 706(e)(3)] shall apply to complaints of discrimination in compensation under this section.

 

PROCEDURE FOR DENIAL, WITHHOLDING, TERMINATION, OR SUSPENSION OF GOVERNMENT CONTRACT SUBSEQUENT TO ACCEPTANCE BY GOVERNMENT OF AFFIRMATIVE ACTION PLAN OF EMPLOYER; TIME OF ACCEPTANCE OF PLAN

 

SEC. 2000e-17. [Section 718]

 

No Government contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such employer has an affirmative action plan which has previously been accepted by the Government for the same facility within the past twelve months without first according such employer full hearing and adjudication under the provisions of section 554 of Title 5 [UnitedStates Code], and the following pertinent sections: Provided, That if such employer has deviated substantially from such previously agreed to affirmative action plan, this section shall not apply: Provided further, That for the purposes of this section an affirmative action plan shall be deemed to have been accepted by the Government at the time the appropriate compliance agency has accepted such plan unless within forty-five days thereafter the Office of Federal Contract Compliance has disapproved such plan.

 

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18 USC § 246 - Deprivation of relief benefits

 

  • US Code

 

  • Notes

 

  • Updates

 

Current through Pub. L. 113-36. (See Public Laws for the current Congress.)

 

Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

 

 

Duty to Report Suspected Child Abuse Under 42 U.S.C. § 13031 Under 42 U.S.C. § 13031—a provision of the Victims of Child Abuse Act of 1990—all covered professionals who learn of suspected child abuse while engaged in enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. The fact that a patient has viewed child pornography may “give reason to suspect that a child has suffered an incident of child abuse” under the statute, and a covered professional is not relieved of an obligation to report the possible abuse simply because neither the covered professional nor the patient knows the identity of the child depicted in the pornography. May 29, 2012 MEMORANDUM OPINION FOR THE GENERALCOUNSELUNITEDSTATESDEPARTMENT OF VETERANSAFFAIRSSection 13031 of title 42, a provision in the Victims of Child Abuse Act of 1990 (“VCAA” or “Act”), Pub. L. No. 101-647, tit. II, § 226, 104 Stat. 4789, 4806, requires persons engaged in certain activities and professions on federal lands or in federal facilities to report “facts that give reason to suspect that a child has suffered an incident of child abuse” if they learn such facts in the course of their professional activities. Failure to make a report required by section 13031 could subject such persons to criminal penalties. See 18 U.S.C. § 2258 (2006). You have raised two questions about the scope of section 13031. See Letter for the Honorable Eric Holder, Attorney General, from Will A. Gunn, General Counsel, Department of Veterans Affairs (Nov. 9, 2009) (“VA Letter”). First, you have asked whether section 13031’s reporting requirement is limited to situations in which the suspected victim of child abuse is cared for or resides on federal land or in a federal facility. We conclude that it is not. Instead, under the VCAA, all persons who learn of suspected child abuse (as defined by the Act) while engaged in the enumerated activities and professions on federal land or in federal facilities must report that abuse, regardless of where the suspected victim is cared for or resides. We recognize that the scope of some of the statutory language may be ambiguous, and that narrower readings of the reporting require-ment find some support in certain of the statute’s provisions. But we believe that section 13031, read as a whole and in light of its purpose, is best interpreted broadly. Second, you have inquired whether the VCAA’s reporting obligation is trig-gered when a person covered by section 13031 learns that a patient under his or her care has viewed child pornography, even if the person does not know, and has no reason to believe the patient knows, the identity of the child or children depicted in the pornography. We conclude that the fact that a patient has viewed child pornography may be a “fact[] . . . giv[ing] reason to suspect that a child has 1

 

I'm poor with a wiretap order on me !Tupac and Biggie rich and had one them too so killed them!Dr.Martin .L.King Jr and Malcolm X both had a wiretap order on them we know who murdered them!Who murdered President Commander in Cheif 's J.F.K.Jr. and Abraham Lincoln!Everybody rich,middle,and poor class a wiretap order on ya'll!Fuck this shit!Gag Order means a person or persons cooperating a wiretap order on you can't tell you they're basically Informant's and Unidercover's!Steve Johnson murder is a justifiable homicide legally looking at all the way around!My kidnapping for ransom isn't justifiable so the entire time they've been aiding and abetting and more macon ga. judge's who have to the approve the wiretap order and they're anti-christ fugitives from justice crew they caught on wiretap order !President Commader Chief Barack Obama have they ass locked for my Christamas gift that 's a good Christamas gift for me from you !
Now how does Macon ga.Judge's,prosecuting Attorney's,law enforcement,governmental agency's,Bibb County Sheriff Department,Macon Georgia Police Department,FBI,andGBI plan on explaining not seeing me in person at the Macon Georgia 2005 FBI Agent name Adam Preston and Atlanta FBI 2007 while those who operate Macon Ga.Wiretap Order committ Criminal Defamation and more with Internet 2007-2009 BET-CNN-PLiesworld-Grandhustle Entertainment Forumroom heatherb and I-106 and Parks Nations BET Rocsi 106 and Parks Community website-and more Electronic /Wire Communication wiretap Order from Jena 6 Micheal Bell and more!How those who operate plan explaining to the Executive Branch President Commander in Chief Barack Obama and I we're apart of their criminal activity and committing Treason,Genocide,bribery,and more to our american people!Who in they right mind can block somebody from getting justice!I can't block those who operate Macon Ga.wiretap order judge's, prosecuting attorney's,law enforcement,governmental agency's, FBI,GBI,Macon Ga.Police DEpartment,and Bibb County Sheriff Department from making arrest's,conviction's ,and sentences to those involved in committing crime's to My Family/Extended Family and Olgethrope Community Victim's and witnesses!The only reason I said I'd do it myself is because they've been committing Involuntary Servitude,failure to investigate, Genocide,and more since I under the age of 18 years old and I'm 30 years old now !I fell in love with law only in the meantime while they're getting arrested,convicted and sentenced for breaking the law!I'll be keeping God first! 1.Get my GED(got it) 2.Get my license to practice law(studying for my SAT ,ACT,and LSAT Test to get accepted in Harvard Law College and prepared to take the Bar to get my license to practice law) 3.Start my own law firm and Non-Profit Organization 4.Be a license to practice law attorney taking pro buno cases 5.Be a license to practice law judge!Wire Communication wiretap Order(parabolic microphone hidden within resident's,telephone,internet/computer) operated by Law Enforcement ,Police's and Sheriff Department's, FBi,GBI,and Governmental Agency's!Macon ga.got played it's to late ya'll done sent ya'll conspiracies-attempts-and solicitation's either way violation of Privacy and eavesdropping charges and more sticking !Macon Ga.Oral Communication Wiretap Order is made up of Informant's and Undercover's these are the anti-christ fugitives from justice they saying everyday the LORD thy God isn't real and they tell me I don't have no help !Macon Ga.Electronic Communication Wiretap is made up of e-mail's, and Internet activitiy!Mercer College is partner and stakeholder's and Intern's with City of Macon Ga., Macon Ga.Indigent Defense,Macon Ga.Local Government -Emergency Response Provider's-Critical Infastructure-Appropriate Congressional Committee-The Medical Center-and more so when they locked the door's at Mercer Law Library in 2009 keeping general public I knew automatically Mercer College Administartion got it!Macon Georgia and Middle Ga.General Public isn't one my late grandfather United States Veteran Alex Harris Jr. and sister Grandma Mrs.Mattie Lee Gibson Harris children or my late grandfather United States Veteran Alex Harris Sr. and late Great Grandma Mrs.Gertrude Woods Harris children or my late great great grandfather United States Veteran Leonard Gibson and Great Great Grandma Mrs.Mattie Mckenzie Gibson Children or my late Great Great Great Charlie Mckenzie and Great Great Geat Grandma Mrs.Elizabeth Mckenzie Children or LORD thy God children , and My Family/Extended Family so no matter what they have to accept Virginia Harris negativity and lies those who been operating the Macon Ga.Wiretap Order been living by killed them and she got away!Ms.Blue failed to report suspected child abuse in 1996 and she's the head director of the department of family and children services!Macon Ga.is the department of family and children services security hint hint!City of Macon Georgia Police Department handled the 1965 first degree murder(and more) of United States Veteran Alex Harris Jr. at Transco Plant Railroad motive can they say false statement's,perjury,and more in both the 1996 and 1965 incident for starter's!

Proverbs 24

New King James Version (NKJV)

24 Do not be envious of evil men,
Nor desire to be with them;
2 For their heart devises violence,
And their lips talk of troublemaking.

3 Through wisdom a house is built,
And by understanding it is established;
4 By knowledge the rooms are filled
With all precious and pleasant riches.

5 A wise man is strong,
Yes, a man of knowledge increases strength;
6 For by wise counsel you will wage your own war,
And in a multitude of counselors there is safety.

7 Wisdom is too lofty for a fool;
He does not open his mouth in the gate.

8 He who plots to do evil
Will be called a schemer.
9 The devising of foolishness is sin,
And the scoffer is an abomination to men.

10 If you faint in the day of adversity,
Your strength is small.

11 Deliver those who are drawn toward death,
And hold back those stumbling to the slaughter.
12 If you say, “Surely we did not know this,”
Does not He who weighs the hearts consider it?
He who keeps your soul, does He not know it?
And will He not render to each man according to his deeds?

13 My son, eat honey because it is good,
And the honeycomb which is sweet to your taste;
14 So shall the knowledge of wisdom be to your soul;
If you have found it, there is a prospect,
And your hope will not be cut off.

15 Do not lie in wait, O wicked man, against the dwelling of the righteous;
Do not plunder his resting place;
16 For a righteous man may fall seven times
And rise again,
But the wicked shall fall by calamity.

17 Do not rejoice when your enemy falls,
And do not let your heart be glad when he stumbles;
18 Lest the Lord see it, and it displease Him,
And He turn away His wrath from him.
19 Do not fret because of evildoers,
Nor be envious of the wicked;
20 For there will be no prospect for the evil man;
The lamp of the wicked will be put out.

21 My son, fear the Lord and the king;
Do not associate with those given to change;
22 For their calamity will rise suddenly,
And who knows the ruin those two can bring?

Further Sayings of the Wise

23 These things also belong to the wise:

It is not good to show partiality in judgment.
24 He who says to the wicked, “You are righteous,”
Him the people will curse;
Nations will abhor him.
25 But those who rebuke the wicked will have delight,
And a good blessing will come upon them.

26 He who gives a right answer kisses the lips.

27 Prepare your outside work,
Make it fit for yourself in the field;
And afterward build your house.

28 Do not be a witness against your neighbor without cause,
For would you deceivea]'>[aa]'>] with your lips?
29 Do not say, “I will do to him just as he has done to me;
I will render to the man according to his work.”

30 I went by the field of the lazy man,
And by the vineyard of the man devoid of understanding;
31 And there it was, all overgrown with thorns;
Its surface was covered with nettles;
Its stone wall was broken down.
32 When I saw it, I considered it well;
I looked on it and received instruction:
33 A little sleep, a little slumber,
A little folding of the hands to rest;
34 So shall your poverty come like a prowler,
And your need like an armed man.

 

I'm not up under a gag order cooperating in no wiretap order cause me everybody has a wiretap order on them including my poor ass so they violation our privacy and eavsedropping!Can they tell us who murdered Tupac and Biggie now ?They overlooked Hurricane Katrina 2005 ,but they didn't overlook 2007-2009 Internet Wire/Electronic Communication Wiretap Order information!MaconGa.operator's of the wiretap order can't stop me /us from reporting crimes committed by them and mailing out the evidence ya'll stupid ass failed to investigate all the way round damn Terrorist muthafuckin crimes reported by telephone ,in-person,and Internet!That's why the Government hate ya'll stupid anti-christ fugitives from justice asses the punishment for Genocide is $1,000,000.00 fine including imprisonment and death!How arresting between 2005-2013 for everything not pertaining to the Ineternet Wire/Electronic Communication Wiretap Order which add's up to Kidanping for ransom,retalitation against victim's and witnesses,genocide,violation of privacy and eavesdropping,involuntary servitude, and more!I got arrested,convicted,and sentenced in 2005 for violation of Bibb County Superior Court Probation.I wasn't on it !That's why I can't be arrested like ya'll my hip-hop brother game over internet incident!Kidnaping(for ransom) is a capital offenses punishable by death crimes!The court record's to crime everybody has ! The NAACP and Black Organization's president's and Member's mad about 2007 Jena 6 wiretap order they are criminal's deprivation of rights under color of law add violation of USC42 1983 claim they taking bribes to aid and abett and more! 

 

 

Delance1000's picture

Macon Georgia Law Enforcement,Governmental Agency's,Prosecuting Attorney's,and Judge's who operate Macon Georgia Wiretap Order are criminal's.They made false statement's ,Perjury, Child Abuse, Duty to report suspected child abuse, Conspirator's/Aiding and Abetting/and more to 1965 first degree murder (and more) of my late grandfather United States Veteran Alex Harris Jr. at Transco Plant Railroad,failure to investigate my internet activity/reporting crimes on the internet from 2005-2013,Failure to investigate /and more to 2005 Kidnaping for ransom and more by Macon Georgia Bibb County Courthouse Superior Court Judge's-probation Officer's-prosecuting Attorney's-and more, and more!City-State-National Law Enforcement,Governmental Agency's, Prosecuting Attorney's, and Judge's operate the wiretap order !So who killed President J.F.K.Jr. and Abraham Lincoln, and Tupac and Biggie we allup under surveillance !We all know for a fact those who operate Macon ga. wiretap order damn kidnapper's for ransom  and more!I'm just saying!!!Grandhustle Entertainment CEo, Big Gates CEO,and other's I was writing ,e-mailing, and more Macon georgia entire bibb county government directory (except Me, Barack Obama,Bill Clinton,.J.F.K.Jr.,Abraham Lincoln, Me and Barack Obama and our administration) and their Intern's, partner and Stakeholder's,business community,Volunteer group's,General Public (execpt me-my family/extened family and olgethrope community victim's and witnesses),media/radio and news station's,and more violating my first and sixth united states constitutional right by blocking ya'll websites on public computer's!They can't beat their failure to investigate false statement's or my reporting the crimes on the internet or Involuntary servitude or genocide or violation of Privacy and eavesdropping or more!(smiling and laughing!!!)

Alex Harris's picture


I'm just saying !Hip-Hop should be done got the bigger picture by now!The FBI can't arrest me for Internet crime's for comment's ranging from Pliesworld,Grandhustle Forumroom to Trapmuzik,Defjam Rick Ross-Ace Hood-Big Boi-Jay z-and more,iGame 360,and more simply for telling the truth!Eight year's the stupid muthafuckas been on tape wiretap order aiding and abetting each other more referring to corrupt judge's,law enforcement,governmental agency's, prosecuting attorney's,congress's,sentaor's, and more!The shit they talking bout irrevelant since they can't lock me up for nothing pertaining to comment's from Hip-Hop website's which these stupid muthafuckin judge's, prosecuting attorney's,governmental agency's,and law enforcement all will be fired and prosecuted looking at Internet law's and internet crime's and violation of privacy and eavesdropping and deprivation of rights under color of law and more eight whole year's they can't say nobody knew about the crime's I addressed on ya'll website's even mailed Hip-Hop artist's to back it up!

Alex Harris's picture

Macon Georgia Entire Bibb County Government Directory(Except Me,Barack Obama ,Bill Clinton,.J.F.K.Jr.,Abraham Lincoln,Me and Barack Obama aand our Administration)and their Judge's,Law Enforcement,Governmental Agency's,Prosecuting Attorney's,Business Community,First Responders,Volunteer Groups,Media,General Public(Except me,My family/Extended Family and Olgethrope Community Neighbor's doesn't include In-law's,baby momma's, baby daddy's, people concealing person from arrest,people aiding and abetting,people failing to report child abuse,people flight to giving  testimony or aviod prosecution),and more  now violating State,legislature, and judicial  powers of United States Constitution  by aiding and abetting,bribery,treason,false statement's,federal felony kidnaping me for ransom and more to Alex Delance Antwain Harris ,Genocide,Involuntary Servitude, federal felony first degree murder and more of U.S.Veteran Alex Harris Jr.,Obstruction of my free exercise of religion beliefs Civil Rights and more Macon Georgia Emergency Response Provider's and Critical Infastrcuture and local government and Informant's and Undercover's  and more committing the crimes to me,violation of my civil rights,violation of my United States Constitutional rights, violation of my huan rights, violation of my vicitims rights and immunities, and more!Macon georgia and Middle Geogria Informant's and Undercover's .a.k.a.Oral Communication Wiretap Order be on the Conspiracy Against Rights,Genocide,Retalitation Against Victim's and Witnesses,Unlawful Access to stored communication,Aiding and Abetting,false statement's, concealing person from arrest and , more  at macon Georgia The Department of Labor, Macon georgia Public library's(west macon,washington ,and riverside library),Macon Georgia Goodwill located on Esinhower across from Macon states College renamed Middle Georgia State College!I hope to the LORD thy God Satan his army don't destroy My family/Extended family(My Hip-Hop Brother's and sister's by our Father the LORD thy God and our momma by Jesus is Lord Great Great Grandma Mrs.Mattie Mckenzie Gibson .a.k.a.Mudear and our Children,children,children,and children;My brother's and sister'sby our Father the LORD thy God and our momma by Jesus is Lord Great Great Grandma Mrs.Mattie Mckenzie Gibson .a.k.a.Mudear and our Children,children,children,and children out of Macon Georgia and Middle Georgia;Grandma Mrs.Mattie Lee Gibson Harris a.k.a.Sister by our Father the LORD thy God and our momma by Jesus is Lord Great Great Grandma Mrs.Mattie Mckenzie Gibson .a.k.a.Mudear and our Children,children,children,and children;Great Great Great Grandaddy Charlie Mckenzie and Great Great Geat Grandma Mrs.Elizabeth McKenzie and their children,children ,children,and children;Great Great Granddaddy Lennard Gibson and Great Great Grandma Mrs.Mattie Mckenzie Gibson and their Children,Children,children,and children;Great Granddaddy Alex Harris Sr.and Great Grandma Mrs.Gertrude Woods Harris and their children,children,children,and childrem;Granddaddy Alex Harris Jr. and Grandma Mrs.Matte Lee Gibson Harris and their children,children,children,and children) and Olgethrope Community Neighbor's!The DEpartment of Family and CHildren Services is Mandated by city-,state,federal court's and they've been aiding and abetting ,concealing person from arrest,bribery,Genocide, Treason,Violation of privacy and eavesdropping,Child Abuse, failing to report child abuse, failing to investigate, commerical bribery and kickback, labor racketeering,Involuntary Servitude,Violation of Civil Rights,Violation of of 14 United States Constitution Amendment Rights,Federal felony kidnaping me for ransom and more,federal felony first degree murder and more of my late grandfather U.S.veteran Alex Harris Jr.,Federal felony kidnaping for rason and more to my mentally ill.birthmother Virginia Harris ,and more violating State and Judicial Powers of United States Constitution making them Fugitives From Justice and more when it comes to United States Veteran Alex Harris Jr. and His wife Mrs.Mattie Lee Gibson Harris and our family!(smiling and laughing!!!!) The FBI here in Macon Georgia and Atlanta Georgia  can ya'll prove ya'll haven't violated United states Constitution,been aiding and abetting,concealing person from arrest, and more to crimes being committ to me and mines!Macon georgia FBI tell victim's to make a appointment to report crimes its time for the CIA to look at this United States Secret Services lets go deeper especially about reporting Child abuse and more I've been calling ya'll 1996!I  took a break ! 
 
 
 

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Fraud and related activities in connection with computers is a federal crime all of Macon georgia public libraries,macon georgia Goodwill across from Middle georgia College, and The Dept.of labor and more be charged with the stupid muthafuckas forgot they federal felony kidnapped me for ransom and more in 2005 two years before 2007 jena 6 Micheal Bell and more !They stupid muthafuckas asses had already violated state,legislature,judicial,and executive powers (Except Me,Barack Obama,Bill Clinton,.J.F.K.Jr.,and Abraham Lincoln)of United States Constitution automatically making them fugitives from justice!

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