42 U.S.C. § 2000e : US Code - Section 2000E: Definitions

Search 42 U.S.C. § 2000e : US Code - Section 2000E: Definitions

      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, 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), 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,
      except that during the first year after March 24, 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, 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 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.