Intervention

Several civil rights statutes specifically authorize the Attorney General to intervene in private plaintiff cases.

Title IX of the Civil Rights Act of 1964, 42 U.S.C. § 2000h-2, authorizes the Attorney General to intervene in cases of general public importance involving alleged denials of equal protection of the laws on account of race, color, religion, sex, or national origin. In light of the statutory requirement of certification by the Attorney General, any request for intervention from a private litigant received by the United States Attorney should be forwarded to the Civil Rights Division with a recommendation.

Additionally, the Fair Housing Act, 42 U.S.C. § 3613(e), Title III of the Americans with Disabilities Act, 42 U.S.C. § 12188, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-6, and the Pregnant Workers Fairness Act, 42 U.S.C. §§ 2000gg to 2000gg-6, authorize the Attorney General to intervene in cases initiated by private individuals when she or he certifies that the case is of general public importance.

Similarly, the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997c, authorizes the Attorney General to intervene in any action commenced in any court of the United States seeking relief from conditions depriving persons in state or local institutions of their federal rights when the Attorney General has reason to believe that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities. A motion to intervene may not be filed until 90 days after the commencement of the action. In the motion to intervene, the Attorney General must certify to the court that the appropriate state officials have been notified of (a) the alleged conditions and pattern or practice; (b) the supporting facts giving rise to the alleged conditions; and (c) the minimum measures that may remedy the alleged conditions and the alleged pattern or practice

90 days after the commencement of the action. In the motion to intervene, the Attorney General must certify to the court that the appropriate state officials have been notified of (a) the alleged conditions and pattern or practice; (b) the supporting facts giving rise to the alleged conditions; and (c) the minimum measures that may remedy the alleged conditions and the alleged pattern or practice. Motions to intervene and certifications must be signed by the Attorney General personally.

The Equal Educational Opportunities Act, 20 U.S.C. § 1709, authorizes the Attorney General to intervene in cases initiated by private individuals for denials of educational opportunity under Section 1706 upon timely application.

The United States Attorney’s Office should notify the Assistant Attorney General for the Civil Rights Division, or his or her designee, upon learning of a case in which intervention by the United States under these statutes or any other civil rights statute might be appropriate, or when directed by a court to intervene.

[updated July 2023]