Current as of: January 2009 (a) Examination and copying of evidence related to unlawful
employment practices
In connection with any investigation of a charge filed under
section 2000e-5 of this title, the Commission or its designated
representative shall at all reasonable times have access to, for
the purposes of examination, and the right to copy any evidence of
any person being investigated or proceeded against that relates to
unlawful employment practices covered by this subchapter and is
relevant to the charge under investigation.
(b) Cooperation with State and local agencies administering State
fair employment practices laws; participation in and contribution
to research and other projects; utilization of services; payment
in advance or reimbursement; agreements and rescission of
agreements
The Commission may cooperate with State and local agencies
charged with the administration of State fair employment practices
laws and, with the consent of such agencies, may, for the purpose
of carrying out its functions and duties under this subchapter and
within the limitation of funds appropriated specifically for such
purpose, engage in and contribute to the cost of research and other
projects of mutual interest undertaken by such agencies, and
utilize the services of such agencies and their employees, and,
notwithstanding any other provision of law, pay by advance or
reimbursement such agencies and their employees for services
rendered to assist the Commission in carrying out this subchapter.
In furtherance of such cooperative efforts, the Commission may
enter into written agreements with such State or local agencies and
such agreements may include provisions under which the Commission
shall refrain from processing a charge in any cases or class of
cases specified in such agreements or under which the Commission
shall relieve any person or class of persons in such State or
locality from requirements imposed under this section. The
Commission shall rescind any such agreement whenever it determines
that the agreement no longer serves the interest of effective
enforcement of this subchapter.
(c) Execution, retention, and preservation of records; reports to
Commission; training program records; appropriate relief from
regulation or order for undue hardship; procedure for exemption;
judicial action to compel compliance
Every employer, employment agency, and labor organization subject
to this subchapter shall (1) make and keep such records relevant to
the determinations of whether unlawful employment practices have
been or are being committed, (2) preserve such records for such
periods, and (3) make such reports therefrom as the Commission
shall prescribe by regulation or order, after public hearing, as
reasonable, necessary, or appropriate for the enforcement of this
subchapter or the regulations or orders thereunder. The Commission
shall, by regulation, require each employer, labor organization,
and joint labor-management committee subject to this subchapter
which controls an apprenticeship or other training program to
maintain such records as are reasonably necessary to carry out the
purposes of this subchapter, including, but not limited to, a list
of applicants who wish to participate in such program, including
the chronological order in which applications were received, and to
furnish to the Commission upon request, a detailed description of
the manner in which persons are selected to participate in the
apprenticeship or other training program. Any employer, employment
agency, labor organization, or joint labor-management committee
which believes that the application to it of any regulation or
order issued under this section would result in undue hardship may
apply to the Commission for an exemption from the application of
such regulation or order, and, if such application for an exemption
is denied, bring a civil action in the United States district court
for the district where such records are kept. If the Commission or
the court, as the case may be, finds that the application of the
regulation or order to the employer, employment agency, or labor
organization in question would impose an undue hardship, the
Commission or the court, as the case may be, may grant appropriate
relief. If any person required to comply with the provisions of
this subsection fails or refuses to do so, the United States
district court for the district in which such person is found,
resides, or transacts business, shall, upon application of the
Commission, or the Attorney General in a case involving a
government, governmental agency or political subdivision, have
jurisdiction to issue to such person an order requiring him to
comply.
(d) Consultation and coordination between Commission and interested
State and Federal agencies in prescribing recordkeeping and
reporting requirements; availability of information furnished
pursuant to recordkeeping and reporting requirements; conditions
on availability
In prescribing requirements pursuant to subsection (c) of this
section, the Commission shall consult with other interested State
and Federal agencies and shall endeavor to coordinate its
requirements with those adopted by such agencies. The Commission
shall furnish upon request and without cost to any State or local
agency charged with the administration of a fair employment
practice law information obtained pursuant to subsection (c) of
this section from any employer, employment agency, labor
organization, or joint labor-management committee subject to the
jurisdiction of such agency. Such information shall be furnished on
condition that it not be made public by the recipient agency prior
to the institution of a proceeding under State or local law
involving such information. If this condition is violated by a
recipient agency, the Commission may decline to honor subsequent
requests pursuant to this subsection.
(e) Prohibited disclosures; penalties
It shall be unlawful for any officer or employee of the
Commission to make public in any manner whatever any information
obtained by the Commission pursuant to its authority under this
section prior to the institution of any proceeding under this
subchapter involving such information. Any officer or employee of
the Commission who shall make public in any manner whatever any
information in violation of this subsection shall be guilty, of a
misdemeanor and upon conviction thereof, shall be fined not more
than $1,000, or imprisoned not more than one year. Legislative History ________________________________________________________________________
U.S. Code Provisions: Civil Rights Generally
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