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 22-287 O JULY 24, 25, 26, 29, 31; AUGUST 2 AND 20, 1963 Printed for the use of the U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1963 2 88T CONGRESS 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 following 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". 6 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, 1 2 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 4 pose of this Act, in order to promote the full flow of com5 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 9 discrimination. 10 11 12 DEFINITIONS SEC. 3. As used in this Act (a) The term "person" includes one or more indi13 viduals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or any 14 15 16 17 18 organized group of persons and any agency or instrumental ity of the United States, including the District of Columbia, or of any territory or possession thereof. (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 instru21 mentality of the United States, including the District of 22 Columbia, or of any territory or possession thereof; and any 23 person acting in the interest of an employer, directly or in24 directly; but shall not include any State or municipality, or 25 political subdivision thereof, or any religious, charitable, or 3 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 organiza6 tion, having fifty or more members employed by any em7 ployer or employers, which exists for the purpose, in whole 8 or in part, of collective bargaining or of dealing with employ 9 ers concerning grievances, wages, hours, terms or conditions 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 out18 side thereof. 19 (e) The term "territory" includes the Commonwealth 20 of Puerto Rico. 220 21 (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 4 1 excludes other places held by the United States by lease 2 under international arrangements. 3 (g) The term "Commission" means the Fair Employ 4 ment Practice Commission, created by section 6 hereof. 5 6 EXEMPTION 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. 10 11 UNLAWFUL EMPLOYMENT PRACTICES DEFINED SEC. 5. (a) It shall be an unlawful employment prac 12 tice for an employer 13 14 15 16 17 18 19 20 21 222 23 24 (1) to refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to his 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 individuals for employment any employment agency, place ment service, training school or center, labor organization, or any other source which discriminates against such individuals because of their race, color, religion, or national origin. (b) It shall be an unlawful employment practice for 25 any labor organization to discriminate against any individual |