« AnteriorContinuar »
1 dure, to grant such restraining order, temporary injunction, 2 or other temporary relief as it deems just and proper to 3
prevent irreparable injury to rights protected by this Act.
MISCELLANEOUS PROVISIONS APPLICABLE TO JUDICIAL
SEC. 11. (a) When granting appropriate temporary 7 relief or a restraining order under sections 9 and 10, or when 8 making and entering a 'decree or order enforcing, modifying 9 and enforcing as so modified, or setting aside in whole or in 10
part an order of the Board under section 9, the jurisdiction 11 of courts sitting in equity shall not be limited by the Act 12 entitled “An Act to amend the Judicial Code and to define
13 and limit the jurisdiction of courts sitting in equity, and for
14 other purposes”, approved March 23, 1932 (29 U.S.C.
15 101-115). 16 (b) Petitions filed under section 9, and applications 17 filed under sections 8 (c) and 10, shall be heard expedi18 tiously.
VETERANS PREFERENCE LAWS
SEC. 12. Nothing contained in this Act shall be con
21 strued to repeal or modify any law of the United States
or of any State creating special rights or preference for
SEC. 13. Nothing contained in this Act shall be con3 strued to exempt or relieve any person from any liability, 4 duty, penalty, or punishment provided by any present or 5 future laws of any State, other than any such law which
purports to require or permit the doing of any act which is
a violation of section 4 of this Act or of the regulations and requirements promulgated thereunder.
Sec. 14. If any provision of this Act or the application 11 of such provision to any person or circumstance is held in
valid, the remainder of this Act or the application of such
provision to persons or circumstances other than those to
14 which it is held invalid shall not be affected thereby.
AUTHORIZATION OF APPROPRIATIONS
SEC. 15. There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of
SEC. 16. (a) Except as provided in subsection (h),
21 this Act shall take effect on the date of its enactment.
(b) The provisions of sections 4 (and the regulations 23 and requirements promulgated thereunder by the Admin
1 istrator), 6, 8, 9, and 10 shall take effect six months after
2 the date of the enactment of this Act.
(c) The President shall, as soon as feasible after the
4 enactment of this Act, convene one or more conferences for
5 the purpose of enabling the leaders of groups whose mem6 bers will be affected by this Act to become familiar with the 7 rights afforded and obligations imposed by its provisions, and 8 for the purpose of making plans which will result in the fair 9 and effective administration of this Act when all of its pro
10 visions become effective. The President shall invite the
11 participation in such conference or conferences of (1) the 12 members of the President's Committee on Equal Employ13 ment Opportunity, (2) the members of the Commission on 14 Civil Rights, (3) representatives of State agencies engaged 15 in furthering equal employment opportunity, (4) repre16 sentatives of private agencies engaged in furthering equal 17
employment opportunity, and (5) representatives of em18
ployers, Government contractors, Federal agencies, labor 19 organizations, and employment agencies which are subject
20 to this Act.
(Subsequently, the following summary of Senator Humphrey's bilì was ordered printed at this place in the record :) SUMMARY OF PRINCIPAL PROVISIONS, EQUAL EMPLOYMENT OPPORTUNITY ACT,
PROPOSED BY SENATOR HUBERT H. HUMPHREY
1. Standard of equal employment opportunity
The legislation seeks to establish equal employment opportunity as the principal standard to be enforced as distinct from the more traditional and less comprehensive standard of fair employment practices. No person subject to the act may refuse or deny equal employment opportunity to another individual because of race, color, religion, or national origin. Equality of employment is meant to include actual parity of access to employment in all its incidents. In including as elements of equal employment oportunity the vital incidents of employment such as advertising, recruitment, training, and promotion, the legislation goes beyond former fair employment practice proposals. It has been found that certain employers who claim thay have not rejected a Negro or other minority worker from employment have, in fact, carried on personnel practices and procedures which nevertheless have prerented Negroes even from applying for certain positions or have created other barriers and impediments to equal employ. ment opportunity.
Persons subject to the act would be in violation not only if they overtly discriminated against Negro job applicants but also if their employment practices in collateral areas of employment opportunity denied equality of treatment to persons due to race, color, religion, or national origin.
This broader standard stems from the fact that the combination of vast technological advances in industry and agriculture and consistently rising unemployment among minority groups creates an employment situation significantly different from the one which existed when the initial fair employment practice proposals were formulated in the late 1940's. 2. Administrator with authority to initiate
The legislation empowers a single administrator to promulgate regulations, initiate investigations, make findings, and issue orders in implementing the policies of this act. Total reliance on a hit-or-miss complaints procedure has been a significant weakness in State fair employment practice commission programs, and this bill seeks to rectify this situation. The Administrator also has authority to receive written complaints from allegedly aggrieved parties, but such complaints are not a prerequisite for affirmative action by the Administrator. 3. Equal Employment Opportunity Administration in Department of Labor
In order to sustain an equal employment opportunity program of national scope and impact, an Equal Employment Opportunity Administration is located within the Department of Labor. Headed by an Administrator, this Administration is empowered to use the existing administrative resources and professional expertise of the Department in implementing the policies of the act. The Administrator is further authorized to take such action as may be necessary to provide protection within Federal agencies to insure equal employment opportunities for Federal employees. 4. Equal Employment Opportunity Board
An independent Equal Employment Opportunity Board is created to hear appeals from decisions of the Administrator and from individuals whose complaints have not been upheld by the Administrator. The Administrator is also authorized to apply to the Board for enforcement of orders not appealed within the 30-day limit and not complied with. The Board would function as an administrative court in a manner somewhat analogous to the operations of the Tax Court in internal revenue matters. The Board would have no policy or operating responsibilities similar to the ones traditionally lodged with fair employment practice commissions. The Board is authorized to appoint hear. ing examiners who may be delegated the authority to render decisions in the name of the Board. 5. Judicial review
Decisions of the Board can be taken for review by the aggrieved party to the appropriate Federal circuit court of appeals. Similarly the Administrator can upply to the circuit court for enforcement of an order by the Board that has not been complied with. Provision is also made for the Administrator to apply to any Federal district court for an interim enforcement order of a decision pending on appeal before the Board. 6. Coverage
The legislation is comprehensive in its coverage. Persons subject to the act include any employer engaged in commerce or in operations affecting commerce, any Government contractor, Federal agency, labor organization, and any employment agency financed or operated in whole or in part from public funds and any private employment agency engaged in commerce or supplying workers for an employer. Categories of exemption, such as private employers not doing business with the Federal Government, employers of a certain size, or employers engaged in certain kinds of business have tended to create invidious and competitive comparisons with those industries and companies included in former fair employment practice bills. This legislation contains none of these exemptions or exclusions. Since the process of employment is clearly national in scope and impact, the legislation uses the Commerce Clause of the U.S Constitution (art. I, sec. 8) as its justification for the participation of the Federal Government in guaranteeing equal employment opportunity.
Senator CLARK. These hearings will deal with one of the root problems of racial inequality of the United States—discrimination in the job market.
It is a commonplace that unemployment falls most heavily on minority groups. More than any other Americans, Negroes know what it means to look for work and not find it. The unemployment rate among Negroes is more than twice as high as that for the country as a whole.
We are now engaged in a great campaign to end discrimination in public accommodations, in education, in housing—in the myriad facets of our public and commercial life. But our victories, when we win them, will be hollow and meaningless if we turn our backs on the pleas of our minorities, not for favoritism, but for an equal chance to get a decent job and thus bring their standard of living more nearly in line with that of other groups in the economy.
To be always at the end of the hiring line; always the first to get the pink slip; always the sweeper or washroom attendant and never the machine operator or sales manager—this is the shameful role in which we have cast the 10 percent of our population whose skin is not white.
Those who suffer job discrimination directly are not its only victims—the privileged suffer too. Because of bias in employment policies, there is today within our Negro community a great depression no less grinding and hopeless than our national great depression of the thirties.
Job bias is a cancer which has helped eat out the rings surrounding the cores of our cities and left them racial ghettoes-pockets of poverty often surrounded by opulence and breeding crime, disease, delinquency, and despair.
President Kennedy has called upon the Congress to put an end to the barriers to equal employment opportunity by the enactment of pending Federal fair employment practices legislation, applicable to both emplovers and unions.
In this he has the support of the overwhelming majority of the American people, as the Harris survey of July 15 of this year shows. That poll recorded 86 percent of the country in favor of Federal action to insure equal job opportunities.