HEARINGS

BEFORE THE

SUBCOMMITTEE ON
EMPLOYMENT AND MANPOWER

OF THE

COMMITTEE ON
LABOR AND PUBLIC WELFARE

UNITED STATES SENATE

EIGHTY-EIGHTH CONGRESS

FIRST SESSION

ON

S. 773, S. 1210, S. 1211, and S. 1937 BILLS RELATING TO EQUAL EMPLOYMENT OPPORTUNITIES

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88r1 CONGRESS

1st SESSION

S. 773

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 1963
Mr. CLARK (for himself, Mr. Case, Mr. Douglas, Mr. GRUENING, Mr. Hart,

Mr. HUMPHREY, Mr. Javits, Mr. Long of Missouri, Mrs. NEUBERGER, Mr.
Pell, Mr. Scott, and Mr. WILLIAMS of New Jersey) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Labor
and Public Welfare

A BILL
To prohibit discrimination in employment because of race, color, ,

religion, or national origin.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

4 SECTION 1. This Act may be cited as the “Federal Fair 5 Employment Practice Act”.

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FINDINGS OF FACT AND STATEMENT OF PURPOSE

7 SEC. 2. The Congress hereby finds that large numbers of 8 qualified persons in the United States are discriminated 9 against in employment because of their race, color, religion,

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or national origin, and that such discrimination interferes

2 with the normal flow of commerce and with the full produc

3 tion of articles and commodities for commerce. It is the pur

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pose of this Act, in order to promote the full flow of com

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merce and the full production of articles and commodities for 6

commerce, to prohibit discrimination in employment because 7 of race, color, religion, or national origin, and to provide ad8 ministrative and court remedies for persons injured by such

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(a) The term "person" includes one or more indi

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13 viduals, partnerships, associations, corporations, legal repre14 sentatives, trustees, trustees in bankruptcy, receivers, or any 15 organized group of persons and any agency or instrumental

ity of the United States, including the District of Columbia, 17

or of any territory or possession thereof. 18

(b) The term "employer” means a person engaged 19 in commerce or in operations affecting commerce having in 20 his employ fifty or more individuals; any agency or instru

mentality of the United States, including the District of 22 Columbia, or of any territory or possession thereof; and any

person acting in the interest of an employer, directly or in24

directly; but shall not include any State or municipality, or political subdivision thereof, or any religious, charitable, or

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1 educational corporation or association, not organized for

2 private profit. Such term includes, for purposes of the pro3 visions of this Act relating to employers, a labor organiza4 tion which has fifty or more individuals in its employ. 5 (c) The term "labor organization” means any organiza

6 tion, having fifty or more members employed by any em

7 ployer or employers, which exists for the purpose, in whole 8 or in part, of collective bargaining or of dealing with employ

ers concerning grievances, wages, hours, terms or conditions

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10 of employment, or for other mutual aid or protection in con11 nection with employment. 12 (d) The term “commerce” means trade, traffic, com13 merce, transportation, or communication among the several 14 States; or between any State, territory, possession, or the

15 District of Columbia and any place outside thereof; or within

16 the District of Columbia or any territory or possession; or

17 between points in the same State but through any point out

18 side thereof.

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(e) The term "territory” includes the Commonwealth

20 of Puerto Rico.

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(f) The term “possession" means all possessions of the

22 United States, and includes the trust territories which the

23 United States holds as administering authority under the 24 United Nations trusteeship system, and the Canal Zone, but

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1 excludes other places held by the United States by lease

2 under international arrangements.

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(g) The term “Commission” means the Fair Employment Practice Commission, created by section 6 hereof.

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SEC. 4. This Act shall not apply to any employer with

7 respect to the employment of aliens outside the several

8 States, the District of Columbia, and the territories and

9 possessions.

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UNLAWFUL EMPLOYMENT PRACTICES DEFINED

11 SEC. 5. (a) It shall be an unlawful employment prac12 tice for an employer

(1) to refuse to hire, to discharge, or otherwise to 14 discriminate against any individual with respect to his

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terms, conditions, or privileges of employment, because of such individual's race, color, religion, or national origin; or

(2) to utilize in the hiring or recruitment of indi

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viduals for employment any employment agency, place

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ment service, training school or center, labor organization, or any other source which discriminates against

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such individuals because of their race, color, religion,

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(b) It shall be an unlawful employment practice for any labor organization to discriminate against any individual

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