1 2 3 4 5 under any program, part or all of the funds for which are granted by the United States. (h) The term "Federal agency" means any department, agency, or instrumentality of the executive branch of the 5 Government of the United States, and any independent 6 agency or instrumentality of the Government of the United 7 States. 8 (i) The term “labor organization" means any organiza9 tion which exists for the purpose, in whole or in part, of 10 collective bargaining or of dealing with employers concern11 ing grievances, labor disputes, wages, rates of pay, hours 12 of employment, terms or conditions of employment, or for 13 other mutual aid or protection in connection with employ14 ment. 15 (j) The term "employment agency" means any State 16 employment agency financed or operated in whole or in 17 part from public funds, and any private employment agency 18 engaged in commerce or supplying workers for an employer. 19 20 21 222 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS SEC. 4. (a) No person subject to this Act shall refuse or deny equal employment opportunity to any individual 22 because of race, color, religion, or national origin. Such 23 refusal or denial shall include any act or practice which, 24 because of an individual's race, color, religion, or national 25 origin, results or tends to result in material disadvantage or 6 1 impediment to any individual in obtaining employment or 2 the incidents of employment for which he is otherwise 3 qualified. 6 4 (b) Equal employment opportunity shall include all 5 the compensations, terms, conditions, and privileges of employment including but not restricted to: hiring, promotion, 7 transfer, and seniority; recruitment advertising and methods 8 of recruitment; referrals for employment; apprenticeship 9 training and other educational opportunity for or in employ10 ment; equality of access to facilities and services provided 11 in employment; and equality of participation and membership in employee organizations and labor organizations. 12 13 (c) The Equal Employment Opportunity Administrator 14 shall from time to time promulgate regulations and require 15 ments reasonable and necessary to implement the policies 16 of this Act. Such regulations and requirements may include 17 18 provisions for affirmative action to be taken by persons sub ject to this Act in compliance with the provisions of subsec19 tions (a) and (b) to promote equal employment opportunity which has been denied to any individual because of race, color, religion, or national origin. 20 21 22 23 24 EQUAL EMPLOYMENT OPPORTUNITY ADMINISTRATION SEC. 5. (a) There is hereby established within the Department of Labor an Equal Employment Opportunity Ad25 ministration which shall be headed by an Equal Employ 6 7 1 ment Opportunity Administrator (hereinafter referred to as 2 the "Administrator"). The Administrator shall be ap3 pointed by the President, by and with the advice and con4 sent of the Senate, and shall receive compensation at the 5 rate provided by law for Assistant Secretaries of Labor. (b) The Administrator shall carry out the duties and 7 functions imposed on him under this Act under the direction 8 and supervision of the Secretary of Labor. In carrying out 9 such duties and functions, the Administrator shall, to the 10 extent feasible, utilize the existing bureaus, divisions, and 11 facilities of the Department of Labor. 12 (c) The Administrator is authorized, subject to the 13 civil service laws and regulations and the Classification Act 14 of 1949, to appoint and fix the compensation of such officers 15 and employees as may be necessary to enable him to carry 16 out his duties and functions under this Act. Attorneys ap17 pointed under this section may appear for and represent 18 the Administrator in any litigation. 19 (d) The Administrator is authorized and directed to 20 take such action as may be necessary to provide protection 21 within Federal agencies to insure equal employment oppor22 tunities for Federal employees in accordance with the pro23 visions of section 4 and the regulations and requirements 24 promulgated thereunder. 25 (e) The Administrator is authorized to gather data re 8 1 garding the practices of any person subject to this Act and to 2 enter and inspect such places and such records (and make 3 transcriptions thereof), question such employees, and in4 vestigate such facts, conditions, practices, or matters as is 5 necessary to determine whether any person subject to this 6 Act is violating or has violated the provisions of section 4 or 7 the regulations or requirements promulgated thereunder, or 8 13 as may aid in the enforcement of this Act. 9 (f) With the consent and cooperation of State agencies 10 engaged in furthering equal employment opportunity, the 11 Administrator is authorized, in carrying out his duties and 12 functions under this Act, to utilize the services of such State agencies and their employees and, notwithstanding any other 14 provision of law, may reimburse such State agencies and 15 their employees for services rendered in assisting the Admin16 istrator to carry out his duties and functions under this 17 Act. 18 (g) In carrying out his duties and functions under this 19 Act, the Administrator is authorized to secure the assistance 20 and support of all Federal agencies. 222 21 ENFORCEMENT BY ADMINISTRATOR SEC. 6. (a) It shall be the duty and function of the Ad 23 ministrator to require all persons subject to this Act to com24 ply with the provisions of section 4. In order to prevent 25 violations of section 4 or the regulations or requirements 9 1 promulgated thereunder, or whenever the Administrator has 2 cause to believe that any persons subject to this Act are 3 violating or have violated such provisions, regulations, or re4 quirements, the Administrator shall initiate appropriate in5 vestigation thereof and shall take appropriate measures to 6 correct such violations, including the issuance of orders pur7 suant to subsection (c). 11 8 (b) The Administrator may receive written complaints 9 by any individual or individuals aggrieved that such a viola10 tion is occurring or has occurred, but no complaint shall be a prerequisite to his investigating any such violation which 12 may come to his attention by any appropriate means, in13 cluding inspections regularly made under his authority to 14 assure general compliance with the provisions of section 4 15 and the regulations and requirements promulgated there16 under. 17 (c) If as a result of an investigation conducted under 18 this section the Administrator determines that any person 19 subject to this Act is violating or has violated the provisions 20 of section 4 or the regulations and requirements promulgated 21 thereunder, he shall attempt through persuasion and concilia22 tion to bring such person into compliance with such provi23 sions. If such attempts are not successful in bringing such 24 person into compliance, he shall issue appropriate remedial |