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Sec. 703. This Act shall become effective ninety days

88TH CONGRESS

1st SESSION

S. 1937

IN THE SENATE OF THE UNITED STATES

JULY 24, 1963 Mr. HUMPHREY (for himself, Mr. Case, Mr. CLARK, Mr. Douglas, Mr. ENGLE,

Mr. GRUENING, Mr. Hart, Mr. Long of Missouri, Mr. McCARTHY, Mr. NELSON, Mrs. NEUBERGER, Mr. RANDOLPH, Mr. RIBICOFF, and Mr. WILLIAMS of New Jersey) introduced the following bill; which was rend twice and referred to the (Committee on Labor and Public Welfare

A BILL To promote equal employment opportunity by securing equal

treatment in the various incidents of employment, to establish an Equal Employment Opportunity Administration in

the Department of Labor, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

4 SECTION 1. This Act may be cited as the “Equal Em5 ployment Opportunity Act”.

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FINDINGS AND DECLARATIONS OF POLICY

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SEC. 2. The Congress hereby finds that discrimination 8 in employment against qualified persons because of their 9 race, color, religion, or national origin has been practiced

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1 and continues to be practiced in the United States in a man2 ner which restricts the fair and equal opportunity of such

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persons to earn their livelihood commensurate with their

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4 talent and ability. The Congress also finds that this in

equality of employment opportunity forces such persons into 6 substandard conditions of living, foments industrial strife 7 and domestic unrest, deprives the United States of the 8 fullest utilization of its capacities, and adversely affects the 9 domestic and foreign commerce of the United States. Ac10 cordingly, it is in the national interest that equality of

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employment opportunity be secured in commerce and in

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12 activities affecting commerce.

The Congress further finds that because of the accu14 mulated impact of prior discrimination and related disadvan15

tages in employment, education, housing, and other areas, 16 a nationwide effort is required to secure equal employment 17 opportunity by the affirmative and conscious efforts of gov18

ernment, employers, unions, and others. Efforts to equalize 19

disparities in employment opportunity should include all of 20 the incidents and conditions of employment opportunity,

including not only hiring, promotion, transfer, and seniority, 22 but also recruitment and recruitment advertising, apprentice23

ship and other job training programs, access to all employ24

ment facilities and services, participation in employee or25 ganizations, and other incidents of employment opportunity

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1 necessary to the achievement of equality as an existing real2 ity in the operation of the national job market.

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The Congress further finds that due to the scope, size, 4 and complexity of the national job market it is desirable 5 and appropriate to establish an Equal Employment Oppor6 tunity Administration in the Department of Labor so that 7 the administrative resources and professional expertise of the 8 Department may be used in implementing the policies of

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(a) The term “person” includes one or more individ13 nals, partnerships, associations, corporations, legal repre14 sentatives, trustees, trustees in bankruptcy, receivers, and 15 any organized group of persons.

(b) The term “State” means the several States, the 17 District of Columbia, the Commonwealth of Puerto Rico, 18

the possessions of the United States, and (except as used in 19 subsection (c) of this section) any political subdivision of 20

any of the foregoing. 21 (c) The term "commerce" means trade, traffic, com

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merce, transportation, or communication between two or

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more States; between any State and any place outside thereof; between points in the same State but through any point outside thereof; or within the District of Columbia, the

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1 Commonwealth of Puerto Rico, or any possession of the

2 United States.

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(d) The term “affecting commerce" means in commerce,

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or burdening or obstructing commerce or the free flow of

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(e) The term “person subject to this Act" means any 7 employer, Government contractor, Federal agency, labor 8 organization, and employment agency. 9

(f) The term "employer” means any person whom 10

(1) is engaged in commerce or in operations affect11

ing commerce, or is acting, directly or indirectly, in the 12

interest of a person so engaged, and 13

(2) has one or more individuals in his employ, or 14

has had one or more individuals in his employ while so 15

engaged or acting. 16

(g) The term “Government contractor” means

(1) any person who is carrying out a contract 18 entered into by him with the United States or with any

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(2) any person who is carrying out a subcontract

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for the execution of any part of a contract described

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in paragraph (1) or of any part of a subcontract

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described in this paragraph, and

(3) any person who is furnishing services, supplies, or materials, or constructing or repairing any property,

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