Justice Manual § 8-2.211

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17, forbids employment practices that discriminate on the basis of race, color, religion, sex or national origin by employers, labor organizations, employment agencies, state and local governments, governmental agencies, political subdivisions, and the federal government. In addition to discriminatory terminations and refusals to hire, Title VII forbids all other discriminatory practices with respect to terms or conditions of employment as well as retaliation for engaging in activities protected by Title VII.

The Department of Justice shares enforcement authority under Title VII with the Equal Employment Opportunity Commission (EEOC). The Department of Justice has authority to seek to remedy employment discrimination by state and local governments and their agencies and political subdivisions. The EEOC has authority to seek to remedy employment discrimination by private employers. The EEOC also has primary enforcement responsibility with respect to allegations of discrimination by the federal government.

In the case of a Title VII charge of discrimination against a state or local government or governmental agency, if the EEOC has found reasonable cause to believe a violation has occurred and has been unable to secure an acceptable conciliation agreement, it will refer the charge to the Civil Rights Division, Employment Litigation Section, which may file a civil action under Section 706 of Title VII. In addition, the Employment Litigation Section may, without prior referral, initiate pattern or practice suits under Section 707 of Title VII against state or local government employers.

Persons who complain to the United States Attorney’s Offices of employment discrimination by employers and other organizations covered by Title VII, other than the federal government, should be advised immediately to file their complaint with the EEOC. Those who complain of discrimination by an agency of the federal government should be advised to bring their complaint to the attention of the equal employment opportunity officer of the agency involved and the EEOC.

In addition, when a United States Attorney’s Office receives a complaint or other information suggesting a potential violation of Title VII, that office should forward the complaint or other information to the Employment Litigation Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Employment Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

NOTE: The Civil Division generally defends federal agencies in employment discrimination suits filed by individuals against the government. The United States Attorney’s Office should notify the Civil Division, rather than the Civil Rights Division, whenever such a suit is filed in the United States Attorney’s district.