PRIA, Government Policy, Made Personal

Summary

The Attorney General can sue in federal court when he has good reason to think a person or group is repeatedly denying people the rights covered here. He must file a signed complaint that explains the facts and asks the court for orders to stop the harm, such as temporary or permanent injunctions. Federal district courts handle these cases. The Attorney General may ask for a three-judge court by filing a certificate saying the case is of general public importance. The clerk tells the chief judge of the circuit, who must quickly pick three judges (including at least one circuit judge and one district judge from the court where the case began). Those judges must hear the case quickly. The final decision can be appealed to the Supreme Court. If the Attorney General does not ask for a three-judge court, the district’s chief judge must name a judge right away; if no district judge is available, the chief judge of the circuit will pick one. Two years after March 24, 1972, the Attorney General’s job under this part moves to the Commission, along with staff, property, records, and unused funds, unless the President sends a reorganization plan under chapter 9 of title 5 and neither House of Congress vetoes it. Existing cases keep going and the Commission replaces the United States or the Attorney General as the party. After March 24, 1972 the Commission can investigate and act on pattern-or-practice charges, whether brought by an affected person or by a Commission member, following the steps in section 2000e–5.

Title 42, §2000e–6

The Public Health and Welfare, Source: USLM XML via OLRC

(a)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)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)Effective two years after March 24, 1972, the functions of the Attorney General under this section shall be transferred to the Commission, together with such personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with such functions unless the President submits, and neither House of Congress vetoes, a reorganization plan pursuant to chapter 9 of title 5, inconsistent with the provisions of this subsection. The Commission shall carry out such functions in accordance with subsections (d) and (e) of this section.

(d)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)Subsequent to March 24, 1972, the Commission shall have authority to investigate and act on a charge of a pattern or practice of discrimination, whether filed by or on behalf of a person claiming to be aggrieved or by a member of the Commission. All such actions shall be conducted in accordance with the procedures set forth in section 2000e–5 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Executive Documents

Transfer of Functions

Any function of the Equal Employment Opportunity Commission concerning initiation of litigation with respect to State or local government, or political subdivisions under this section, and all necessary functions related thereto, including investigation, findings, notice and an opportunity to resolve the matter without contested litigation, were transferred to the Attorney General, to be exercised by him in accordance with procedures consistent with this subchapter, and with the Attorney General authorized to delegate any function under this section to any officer or employee of the Department of Justice, by Reorg. Plan No. 1 of 1978, § 5, 43 F.R. 19807, 92 Stat. 3781, set out as a note under section 2000e–4 of this title. Ex. Ord. No. 12068. Transfer of Certain Functions to Attorney General Ex. Ord. No. 12068,

June 30, 1978, 43 F.R. 28971, provided: By virtue of the authority vested in me as President of the United States by the Constitution and laws of the United States, including section 9 of Reorganization Plan Number 1 of 1978 (43 FR 19807) [set out as a note under section 2000e–4 of this title], in order to clarify the Attorney General’s authority to initiate public sector litigation under section 707 of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e–6), it is ordered as follows: 1–1. section 707 Functions of the Attorney General1–101. section 5 of Reorganization Plan Number 1 of 1978 (43 FR 19807) [set out as a note under section 2000e–4 of this title] shall become effective on

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

§2000e–6 Civil Actions by the Attorney General