As a direct result of civil rights violations which “Actually”
never existed for all “enslave” Negro Plaintiffs Collectively born into actual
Slavery Servitude of Defendant “United States of America, “Negro Slave
Plaintiff Reincorporate already filed and denied under RICO corruption under
color of law U.S. Docket No.4:2016-CV-01354
“Notice of Motion to Strike” The Civil
Rights Act of 1964 being set in full force herein and Plaintiff Strike” The
Civil Rights Act of 1964 – “Mississippi” free the “pro se Plaintiff in his
person as the government records do indicated but subject to fraud upon the
court by defendant U.S. District Judge Melinda Sue (Furche) Harmon U.S.
Docket No.4:2016-CV-01354
Motion for “aggravated perjury, being on file,
with also U.S. Attorney office, (Plaintiffs) Slaves “Motion to Strike” The Civil
Rights Act of 1964 (Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964)
In The United States District Court
For The Southern District of Texas
Houston Division
Slave Negro Louis Charles Hamilton II
U.S. Docket No.4:2016-CV-01354
“Notice of Motion to Strike”
Further appearances “Motion to Strike”
“PLANTIFFS” The
Civil Rights Act of 1964
(Pub.L. 88–352, 78 Stat. 241, enacted
July 2, 1964)
Vs.
United States of America et al
United States Congress et al
United States Supreme Court et al
The Civil Rights Act of 1964 (Pub.L.
88–352, 78 Stat. 241, enacted July 2, 1964) is a landmark piece of civil rights
legislation in the United States that outlawed discrimination based on race,
color, religion, sex, or national origin.
An act to enforce the constitutional
right to vote, to confer jurisdiction upon the district courts of the United
States of America 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, Enacted by the 88th
United States Congress Effective July 2, 1964 Citations Public law 88-352
Statutes at Large 78 Stat. 241 Codification Acts amended Civil Rights Act of
1957, Civil Rights Act of 1960 Titles
amended 42
Respectfully Appearance (Pro Se
Plaintiff) Louis Charles Hamilton II herein (USN) before
On or about august 20th 1619
“Plaintiffs Races Negro was homeland far away
from defendant “United States of America et al” being free were now
official in 2016 (December) captured, denaturalization of all claimed
14th amendment citizenship after 1865 “Civil
War” and denied (RICO) enterprise scheme of things “Lost” 13th Amendment of
December 1865 freeing said “Nigger/Negro Slave DNA Plaintiff since august 20th
1619 forced “Slavery Servitude” of said
defendant “United States of America et al”
and continual
Slave Regime (RICO) enterprise of
defendant United State of America et al” well into the undersigned seal notary date
before court inspection “Chief Defendant” United States of America Congress et
al being legally identified in these (4)
Civil action current in the same courthouse as all being legal sufficient and
fully aware as “Justices” so he/she claimed to be in judgment of these fact as
follows
Chief Defendant “Congress” et al past,
and especially Present in 2016 having full conscious knowledge of the current
circumstances of a “Slave Regime” being Hidden and ongoing, as such discovery
being made reject to honor each and every provision, and enforcing thereof
The Civil Rights Act of 1964 (Pub.L.
88–352, 78 Stat. 241, enacted July 2, 1964) is a landmark piece of civil rights
legislation in the United States that outlawed discrimination based on race,
color, religion, sex, or national origin 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 of functions, 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 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 [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 the
Equal 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
COORDINATING 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 Employment Opportunity 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 non-appropriated 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
[United States 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.
https://www.eeoc.gov/laws/statutes/titlevii.cfm
Filed herein, as each affirmative
action plan (Civil Rights Act of 1964) of defendant (USA) behind in underhand
dealing never was granted in the first place due in factual “Slaves” have no
rights between the exact time frame of august 20th 1619 – 2013 7th day of
February as
“Defendant” United States of America
Mississippi freed Nigger/Negro Slave Plaintiff (Hamilton) born November 8th
1961 and “Chief Defendant” United States of America Congress et al having professional legal expert fiduciary
responsibility duty to each and every single “Slave freedom of the passage of
the 13th amendment conspired further “Congress” insured 1000% that:
The 1790 Naturalization Act reserves
naturalized citizenship for “Chief Defendant” United States of America Congress
et al whites only was fully enforced against the (Pro Se Plaintiff) the first
Presidential Negro Family (Obama) and 44.5 Million Negros legally without legal
citizenship after 1865 “civil war” trapped by this continual 1790 (RICO)
Naturalization Act, further that the
Articles of Agreement Relating to the
Surrender of the Army of Northern Virginia. April 10, 1865, was fully violated
by “Chief Defendant” United States of America Congress et al and “Chief
Defendant” United States of America Congress et al having full conscious
knowledge and professional legal expert fiduciary responsibility that:
“Mississippi” never freed the (Pro Se
Plaintiff) the first Presidential Negro Family (Obama) and 44.5 Million Negros legally without legal
citizenship after 1865 “civil war” trapped by this continual collusion of the
defendant (USA) The 1790 (RICO) Naturalization Act.
“Chief Defendant” United States of
America Congress et al et al having full conscious knowledge and professional
legal expert fiduciary responsibility that The 13th amendment to the “United
States of America” was destroyed, annihilate, wipe out, and fully obliterate,
fully in law and equity” official in leaving (Pro Se Plaintiff),
The first Presidential Negro Family
(Obama) and 44.5 Million Negros legally born between the exact dates of August
20th 1619 - February 7th 2013 “Slaves of The United States of America”, as so
legally Born unto “Slavery Servitude”.
“Chief Defendant” United States of
America Congress et al having full conscious knowledge and professional legal
expert fiduciary responsibility that The 14th amendment to the “United States
of America” was also destroyed, annihilate, wipe out, and fully obliterate, fully
in law and equity” official in leaving (Pro Se Plaintiff), the first
Presidential Negro Family (Obama) and 44.5 Million Negros legally born between
the exact dates of February 7th 2013 – 2099 pursuant to “Chief Defendant”
United States of America Congress et al
having full conscious knowledge and
professional legal expert fiduciary responsibility that the Constitution and
(Civil Rights Act of 1964) do not even legally ever in “Law and Equity” 1000 %
officially apply to any and all DNA Niggers/Negros”, “Slaves Niggers/Negros”,
Between the exact precise dates of August 20th 1619 – February 7th 2013 when
said
“Nigger/Negro”, Pro Se Slave Negro
Louis Charles Hamilton II was set free from – Mississippi Freeing Official in
Law and Equity Slave Negro Pro Se Plaintiff Veteran (Hamilton) #2712 born on
November 8th 1961 from Slavery Servitude”, of the defendant “United States of
America”, three years after (Civil Rights Act of 1964)
“Chief Defendant” United States of
America Congress et al having full conscious knowledge and professional legal
expert fiduciary responsibility that
United State of America et al” (Civil
Rights Act of 1964), rules of Federal Civil Procedure, and case lase citing not
being ever Bonafide, valid or never legally binding 1000% officially not
authentic, non- genuine, not real, or true, just (RICO) Klansmen white man
dirty ink to sincerely with intention to deceive a “Nigger/Negro Pro Se
Plaintiff (Hamilton) in (RICO) dog fashion hostile roll and robberies for
continual unjust enrichment of “Whites Supremacy” with never ever any good
faithas legally lost (MIA) having ever no binding legal 13th and 14th amendment
of a defendant (USA) and defendant “The State of Texas”
“Broken” (Crooked Klansmen of 1865 –
2016 December “US Constitution” sealed under (Civil Rights Act of 1964) The
Federal Rules of Civil Procedure (FRCP) White Man Only Slave endless Rules,
established on or about 1938, 1948, 1963, 1966, 1970, 1980, 1983, 1987, 1993,
2000, and 2006, being “Motion to Strike” in its entire defense directed at the
Pro Se Slave Plaintiff Louis Charles Hamilton II USN #2712 as a descendant of
August 20th 1619 since (Negro) Slave
was born on November 8th 1961 thee official the Constitution of the State of
North Dakota – CONST and, State of North Dakota Code of Criminal Procedure -
CRIM P and civil procedure do not even legally ever in “Law and Equity” apply
to Negro Race Slaves “Plaintiffs as already having undergone (RICO) Malicious
Prosecution by (Texas) to maintain 1619 Slavery Servitude in 2012
Pro Se Slave Plaintiff (Hamilton)
collectively still Slavery Servitude Subject, from
Date of this “Mystery Arrest” by
Co-Defendant (Texas) September 23rd 2011
– February 7th 2013, when “Defendant”
United States of America Mississippi finally as required by (MIA) 13th
Amendment of 1865 (December) 148 years (RICO) criminal later free “Nigger/Negro
Pro Se Plaintiff on or about February 7th 2013 and as being “Property and an
Official” Slave “Motion to Strike” (Civil Rights Act of 1964)as defective, when
at the same exact time of “Pro Se Slave Negro Arrest” in 2002, being denied 6th
amendment rights as fully claimed and now understanding why…
“Nigger Slaves” have no rights in
defendant (USA) until legally free from “Slavery Servitude” of defendant when
“Mississippi” finally freed the “Stupid Nigger Slave herein on or about
February 7th 2013 Pursuant to: Dred Scott v. Sandford, 60 U.S. 393
(1857),directed at in an nature surrounding Whites Supremacy” control of a
(RICO) “Slave Regime” continual enterprise involving Pro Se Slave Plaintiff
(Hamilton) and defendant “United States of America et al and defendant “North
Dakota” et al both collectively
(RICO) Criminal, in 2002 in all laws
derived thereof in the (MIA) 13th and 14th amendment fully Voided, and 1000%
unconstitutional amendment provide therein, false material subject matter
regarding “Slavery Rights of Pro Se Plaintiff Slave (Hamilton) defective
Constitutional State of Texas laws, and Federal laws, all derived in a Slave
Regimes” of Defendant Whites Supremacy and all “Slave Laws derive since August
20th 1619 - February 7th 2013
AS such “Motion to Strike Defendant(s)
“United States of America Entire (Civil Rights Act of 1964) in addition with
defendant US Constitution on behalf of 44.5 Million abused DNA “captured
slaves” as before Law and equity
“Nigger Slaves herein needing not ever apply
to said governing laws of a “Slave Regime” in the exact time frame of August
20th 1619 - February 7th 2013further as the defendant “United States of America
“Own” legal doings, “Motion to Strike” is adequate under Rule 12(f) of the
Federal Rules of Civil Procedure and Vacate Judgment fully United States of
America Entire Constitution on behalf of 44.5 Million abused DNA “captured
slaves” as before Law and equity 1000% on defendant (USA) own accord(Civil
Rights Act of 1964) being
“Voided” unconstitutional, fraudulent,
based 100% illegally imposed by “Judicial Fraud of The US Courts and the laws
derived of the United States of America et al from the exact date of August
20th 1619 - to the exact date of February 7th 2013 “pursuant” among other
things (MIA) 13th and 14th amendment provision by congress insurance equality
to (Civil Rights Act of 1964) the governing Laws of the “Infamous Slave Trade
Defendant “United States of America” et al from the exact date of issue 1964 –
2013
And equality under all of defendant
(USA) governing rules of The Federal Rules of Civil Procedure (FRCP) governs
civil procedure (i.e. for civil lawsuits) in United States district (federal)
courts., The FRCP are promulgated by the United States Supreme Court pursuant
to the Rules Enabling Act, and then the United States Congress has 7 months to
veto the rules promulgated or they become part of the FRCP.
(FRCP) govern civil procedure (i.e. for civil
lawsuits) in United States district (federal) courts, defendant case laws, US
constitutional laws, fully cited for the
Circuit and contained there in each reply fully from the effect date of
such Laws,
August 20th 1619 – February 7th 2013,
filed in any civil/criminal complaint against (Slave Negro) defendant “United
States of America et al”, Code of Criminal Procedure - CRIM P, and Civil
Procedures is invalid on the State laws Constitution and (Civil Rights Act of
1964) which was adopted by
Defendant the “United States of
America et al” Constitution and Chief Defendant “Congress” as (Civil Rights Act
of 1964) having no legal sound “Backing” of “and on its whole Legal face being
1000% forever defective and shall remain such trash forever until corrected… in
accordance to a (MIA) 13th and 14th amendment of defendant (USA) as being never was legal
being a non-effect in law and equity worthless “Constitution” legal trash in
dealing with still captured destroyed rights ofa just race being forever “limbo
Worthless Nigger Slaves” as such
“Nigger Slaves” Plaintiff Pro Se
herein and (Slaves Negro Plaintiffs) collectively never did nor will ever
having no citizenship between the exact time frame of August 20th – February
7th 2016 in both criminal and civil case laws, both on Federal and State level
Civil rights same as whites whom secured by “Violence of their “Para-Military”
1865 Royal Knights of The Klu Klux Klansmen The 1790 Naturalization Act
reserves naturalized citizenship for whites only was fully enforced against the
(Pro Se Plaintiff) the first
Presidential Negro Family (Obama) and 44.5 Million Negros legally without legal
citizenship after 1865 “civil war” trapped by this continual 1790 (RICO)
Naturalization Act, well into all cold case murders, being the Royal Knights of
The Klu Klux Klansmen well into 2016
(December) destroyed forever
“Pro Se Plaintiff Slave Nigger/Negro Louis
Charles Hamilton II rights of the 6th and 14th amendment of (RICO) defendant
“United States of America et al and Co-Defendant “States of Texas” et al Unit
“Slave Regime in 2016 (December) as being required by any false claim just laws
of defendant “United States of America” et al
Defendant (USA) own occurred “Motion”
to Strike” each reply in civil/criminal
litigation from August 20th – February 7th 2016 case laws, (Civil Rights
Act of 1964) and (MIA) US Constitution that’s not hold true, legal and valid in
backing (FRCP) (FRCP) govern civil procedure (i.e. for civil lawsuits) in
United States district (federal) courts,
As described herein and further
Required “Oral Argument” on Motion to Strike Defendant United States of America
Constitution,(Civil Rights Act of 1964),forever Code of Criminal Procedure -
CRIM P, Civil Procedures is invalid having no “Backing” of “Chief Defendant
(USA) Amendment of the Constitution on its whole Legal face each defendant
(USA) entire reply/response, actions/criminal prison/jail sentencing directed
at (Nigger Slaves) DNA Plaintiffs collectively being
(RICO) enterprise “whites supremacy
unjust enrichment, unjust equality of life, roll and robberies of past, present
and well into the future prosperity in continual August 20th 1619 Human Rights
Violation by Defendant United States of America et al
“Slave Regime” levy and made entry
into the “Declaratory Judgment U.S. Docket No.4:2016-CV-01354
Respectfully Appearance Slave Negro
(Pro Se Plaintiff) Louis Charles Hamilton II herein (USN) #2712 before
“Honorable Court Justice” United States Magistrate Judge Frances H. Stacey,
"Negro Slaves “PLANTIFFS” collective official Notice of Motion to “Strike”
United States of America (Civil Rights Act of 1964) with accompanying motion to
Vacate Judgment of Defendant United States of America et al collectively having
used on this “Worthless (Civil Rights Act of 1964) and “Constitution” on behalf
of 44.5 plus “Million Nigger/Negro Slaves Plaintiffs collectively record as
Have no legal ever standing in “Law or Equity” for a Held Hostage “Nigger Slave
Pro Se Plaintiff (Hamilton) as Identified above and each described Federal
Court case laws, Amendment of the Constitution, States Laws, US Court Case
Citing (Civil Rights Act of 1964) fully submitted in the Time-Frame of August
20th 1619 – Mississippi Free said
Slave Negro Pro Se Plaintiff Veteran
(Hamilton) #2712 born on official November 8th 1961 from (RICO) “same old
things as KKK beholding to force by any means necessary “Slavery Servitude”, of
the defendant involving Pro Se Plaintiff “Louis Charles Hamilton II USN #2712
residing a captured slave at “Birth” November 8th 1961 in defendant
“United States of America”, as such
Slavery officially being continual till February 7th 2013 as in regarding IN
RE: AFRICAN-AMERICAN SLAVE DESCENDANTS LITIGATION. Appeals of Deadria
Farmer-Paellmann, et al., and Timothy Hurdle, et al. . 05-3265, 05-3266,
05-3305.,
Judicial Grand Fraud committed against
“Civil Rights Attorney of Record Deadria Farmer-Paellmann, et al in a (RICO)
corruption Fraud None- disclosure “, for and additional (75) years Slaves of
America grand scheme involving the continual criminal acts of
The Racketeer Influenced and Corrupt
Organization Act (RICO) 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590
(trafficking with respect to peonage, slavery, involuntary servitude, or forced
labor), “Slavery Servitude” money laundering statutes, 18 U.S.C. 1956 and 1957,
“Slavery Servitude” money laundering statutes, RICO statute (18 U.S.C. § 1961(1),,,
very 1000% 1790- 2016 (226) years control, in an ongoing future by the
“Judicial Branch of Government of Defendant” United
States of America et al all Said contain
fully “Motion to Strike” “United States of America et al (Civil Rights Act of
1964) , and Constitution being invalid, null, ineffective, nonviable, useless,
worthless, and officially in 2016 (December) on behalf of no-citizenship
“Nigger/Negro Slaves Plaintiffs collectively continual being official “Property
and No Citizenship/Slave Pursuant to: Dred Scott v. Sandford, 60 U.S. 393
(1857), being in “Human Rights Violation
Whites Supremacy Slave Regime sealed
under The Federal Rules of Civil Procedure (FRCP) White Man Only Slave endless
Rules, established on or about 1938, 1948, 1963, 1966, 1970, 1980, 1983, 1987,
1993, 2000, and 2006, being “Motion to Strike” in its entire defense directed
at the Pro Se Slave Plaintiff Louis Charles Hamilton II USN #2712 as a
descendant of
August 20th 1619 since (Negro) Slave
was born on November 8th 1961 thee official (FRCP) govern civil procedure (i.e.
for civil lawsuits) being laws ruled over “Slaves whom have no rights, no
citizenship which officially been denaturalization and such Massive
governmental Fraud, in destroyed constitutional 13th and 14th amendments (MIA) , destroyed (Civil Rights Act of 1964)
with the official “Whites Only” (FRCP) govern civil procedure, having no 14th
amendment provide same equality for (Pro Se) Negro Hamilton held hostage in a
defendant “United States of America a Slave regime, in 2016 (December) by
1. The
1790 Naturalization Act reserves naturalized citizenship for whites only was
fully enforced against the (Pro Se Plaintiff) the first Presidential Negro
Family (Obama) and 44.5 Million Negros legally without legal citizenship after
1865 “civil war” trapped by this continual 1790 (RICO) Naturalization Act.
2. Articles
of Agreement Relating to the Surrender of the Army of Northern Virginia. April
10, 1865, was fully violated and that “Mississippi” never freed the (Pro Se
Plaintiff) the first Presidential Negro Family (Obama) and 44.5 Million Negros legally without legal
citizenship after 1865 “civil war” trapped by this continual collusion of the
defendant (USA) The 1790 (RICO) Naturalization Act.
3. The
13th amendment to the “United States of America” was destroyed, annihilate,
wipe out, and fully obliterate, fully in law and equity” official in leaving
(Pro Se Plaintiff), the first Presidential Negro Family (Obama) and 44.5
Million Negros legally born between the exact dates of August 20th 1619 -
February 7th 2013 “Slaves of The United States of America”, as so legally Born
unto “Slavery Servitude”., and fully enforced “Whites Supremacy” Secret Card –
Holders of The Knights of The Klu Klux Klansmen, and Whites Secret Society in
Justice require “Judicial Absolute immunities” sealed forever by precise
“Republican Party of defendant “United States of America et al” Federal level
Judicial Republican (Personnel) duties is maintain the founding forever fathers
official “White Supremacy of The 1790 Naturalization Act reserves naturalized
citizenship for whites only sealed in governmental 11th amendment against the
13 and 14th amendment to maintain this RICO Slave Regime in 2016 (December)
4. The
14th amendment to the “United States of America” was also destroyed,
annihilate, wipe out, and fully obliterate, fully in law and equity” official
in leaving (Pro Se Plaintiff), the first Presidential Negro Family (Obama) and 44.5 Million Negros legally born between
the exact dates of February 7th 2013 – 2099 pursuant to
“Elite Secret Whites Only” as
“Property” of each “Elite Congressional Republican (KKK) card holding “Elite
White Man, and enforced in present and future by United States of America
Republican Congress and
“Republican United States of America
et al Federal level Judicial Governmental (Rouge) Republican duties is maintain
the founding forever “White Supremacy of The 1790 Naturalization Act reserves
naturalized citizenship for whites only sealed by the duties of the follow
“Whites Supremacy Justices” whom all officially past and presently filed legal
documentations being listed in direct violation of under defendant (USA) own
rules of governing laws, pursuant to
18 U.S.C. § 1589 (forced labor), 18
U.S.C. § 1590 (trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor),
“Slavery Servitude” money laundering
statutes, 18 U.S.C. 1956 and 1957, “Slavery Servitude” money laundering
statutes, RICO statute (18 U.S.C. § 1961(1),
18 U.S. Code § 1028 - Fraud and
related activity in connection with identification documents, authentication
features, and information
And 18 U.S. Code § 1002 - Possession
of false papers to defraud United States (RICO) Judicial Fraud US Case filed
before their fraudulent “Slave Regime” defendant “United States of America”
committed to the same as “Legal Circumstances” of RICO Judicial Obstruction of
Justice Fraud of the Defendant “United States of America” et al
Continual 1865 “Civil War” Whites
Supremacy” Judicial Bigotry Hate Base Racial Control Bias Branch of Government”
now in 2016 (December) being the Conquering “White Drunken forever Slave Master
Ruler past, present and future, 2099 being described as the same
Slave Negro Pro Se Plaintiff “Louis
Charles Hamilton II” United States of America Navy #2712 birth November 8th
1961 from “custody of Slavery servitude” of defendant (USA) on or about
February 7th 2013 ending when Mississippi, officially free all 44.5 Million
Negro Slaves including Chief Pro Se Plaintiff “Pro Se Slave (Hamilton)
appearance before the Honorable Court all cases filed,
Slave Nigger/Negro “Pro Se Plaintiff
Louis Charles Hamilton II (USN) #2712 herein officially never need not apply
before “Republican continual “Slave Regime after 1865 Civil War”, as defendant
“ United States of America et al” (RICO) enterprise in world supremacy reserved
for “Whites Only and fully enforced by all
Federal level Judicial Governmental (Rouge) Republican duties (RICO)
forever maintain the founding “white fathers as described to secure forever
“White Supremacy defendant United States of America principle “Slaves” of
The 1790 Naturalization Act reserves
naturalized citizenship for whites only sealed by the duties of the “Whites
Supremacy Justices” whom all officially past and presently filed legal
documentations being listed in direct violation of
18 U.S. Code § 1028 - Fraud and
related activity in connection with identification documents, authentication
features, and information
And 18 U.S. Code § 1002 - Possession
of false papers to defraud United States (RICO) Judicial Fraud US Case filed
Notwithstanding Pro Se Slave Negro
Louis Charles Hamilton II declared “Legally” 1000% Dead (DOA) to have his minor
children kidnaped by the “Church of Jesus Christ of Ladder Day Saints in an
ongoing (RICO) fraudulent cover up by defendant United States of America
(Utah), as Being an open unlimited quite morbid statute of limitation with a
(MIA) dead wife Body being the same all occurred in (UTAH) mystery of 2016
undersigned notary sealed date herein on additional defendant
RICO enterprise abduction of a
pronounce “dead nigger pro se slave” (Hamilton) by also (Texas) State Hospital
defendant herein of a Legally declared Dead Pro Se Nigger Slave Plaintiff,
(Hamilton) in a fix 1619 – 2013 years of scheme of things surround among others
Masterful Complex Bully in Obstruction of Judicial Branch of
Uncouth inbreed godless slim
civilization of Conquering Klansmen Justices Government and “Whites Only”, Ho’s
1000% safe and always secured by The 1790 Naturalization Act reserves
naturalized citizenship for whites only and enforced by David Hittner ‘United
States District Judge” having full conscious knowledge and professional legal
expert fiduciary responsibility with additional exhibit(s), (A) filed support
herein fully as follows:
Memorandum on Dismissal dated “October
9th 2012, as Pro Se (Hamilton) being sentenced by said court to remain a
Slavery Servitude non-citizenship, trapped by
Supremacy Defendant United States of
America RICO Judicial Fraud and “Obstruction of Justices as described being
free from “Slavery in 2013 contradicting exhibit (A)dated “October 9th
2012, and remaining a Negro slave –
February 2013 by the same Conquering Klansmen and “Whites Only”,
Defendant “United States of America et
al, secured by The 1790 Naturalization Act reserves naturalized citizenship for
whites only and enforced by David Hittner ‘United States District Judge” having
full conscious knowledge and professional legal expert fiduciary responsibility
as such evidence before this legal matter being filed in support and so served
on the “Honorable Court as described, being “Truthful” Notary sworn before the
Honorable Court Justices
Plaintiff Negro Slave Louis Charles
Hamilton II respectfully requesting all other furtherance’s relief being fair,
fully before the court in “Law and equity” defendant United States of America”
et al and “District Judge” having full conscious knowledge and professional
legal expert fiduciary responsibility
IN RE: AFRICAN-AMERICAN SLAVE
DESCENDANTS LITIGATION. Appeals of Deadria Farmer-Paellmann, et al., and
Timothy Hurdle, et al. Nos. 05-3265, 05-3266, 05-3305., to refrain from (RICO)
in Slavery officially being continual by “United States of America et al”
Justices till February 7th 2013 in a Fraud None- disclosure racket “, for and
additional (75) years Negro Plaintiff(s) collectively Slaves of defendant
America grand scheme involving the continual criminal acts of
The Racketeer Influenced and Corrupt
Organization Act (RICO) 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590
(trafficking with respect to peonage, slavery, involuntary servitude, or forced
labor), “Slavery Servitude” money laundering statutes, 18 U.S.C. 1956 and 1957,
“Slavery Servitude” money laundering statutes, RICO statute (18 U.S.C. §
1961(1),,, very 1000% 1790- 2016 (226) years control, in an ongoing future by
the
“Judicial Branch of Government of Defendant
all Said contain fully “Motion to Strike” invalid, null, ineffective,
nonviable, useless, worthless, and officially in 2016 (December) on behalf of
no-citizenship continual being official “Property and No Citizenship/Slave
Pursuant to: Dred Scott v. Sandford, 60 U.S. 393 (1857), being in direct acts
of
“Human Rights Violation as (PLANTIFFS)
herein officially filed said complaints now 2016 request expedited hearing on
an Order to show cause why
1.
each Federal Civil/Criminal Case all described contain herein official in that
defendant committed (RICO) in law and equity Judicial Fraud against each said
case laws filed for “Judgement against DNA Negro Race (Plaintiffs) never free
from “Slavery Servitude being committed under Fraud by defendant (USA) and
Co-Defendant (Texas) in its entire form contained therein being
2. “Motion
to Strike” forever in the Criminal records of Pro Se Plaintiff (Hamilton) and
each and every 44.5 Millions of DNA Abused 2016 (December) ongoing described
“US Civil and Criminal Case from 1865 – 2016 (December) RICO Whites Supremacy
forever ungodly Directed at a continual “Negro Race Abused Hostage
Non-Citizenship defendant America Slave” without”, any amendment of a “Broken
Constitution” with the Vacated of all Civil/Criminal Judgment in each and every
case separately
In official light of a Criminal
ongoing (RICO) schemes August 20th 1619 - 2016(December) continual (RICO)
racket Slavery Servitude surrounding peddling (MIA) 13th and 14th amendment
rights, destroyed (Civil Rights Act of 1964) with massive (RICO) Judicial Fraud
of civil stole rights, continual Judicial Fraud under law and equity committed
hostile-fashion by the defendant (USA) et al and Co-Defendant (Texas) et al
past, present well into future
(PLANTIFF NEGRO SLAVES) herein to be
continual denied fairly, justly, and proper Honorable Honest in so heard
legally before Justice in all matters as required by defendant “whites only”
Law as such Motion to “Strike” the “Entire”
United States of America (Civil Rights
Act of 1964) of Defendant “United States of America et al in law and equity in
criminal and civil as so be entry
Subscribed before a Public Notary, On
this ____ Day of ______________ 2016
____________________________________
Public Notary
________________________________________
Pro Se Slave Negro Louis Charles
Hamilton II (USN),
2724 61st street Ste. I-B
Galveston, Texas. 77551
bluefinlch2@gmail.com
832-894-9465
832-344-7134
louishamilton2015@gmail.com
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