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 read 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, 3 4. SHORT TITLE SECTION 1. This Act may be cited as the "Equal Em 5 ployment Opportunity Act". 6 FINDINGS AND DECLARATIONS OF POLICY 7 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 2 1 and continues to be practiced in the United States in a man 2 3 ner which restricts the fair and equal opportunity of such persons to earn their livelihood commensurate with their 4 talent and ability. The Congress also finds that this inequality 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 11 employment opportunity be secured in commerce and in 12 activities affecting commerce. 13 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, 21 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 employ-24 ment facilities and services, participation in employee or25 ganizations, and other incidents of employment opportunity 3 1 necessary to the achievement of equality as an existing real 2 ity in the operation of the national job market. 3 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 9 this Act. 10 11 12 DEFINITIONS SEC. 3. As used in the Act (a) The term "person" includes one or more individ13 uals, partnerships, associations, corporations, legal repre14 sentatives, trustees, trustees in bankruptcy, receivers, and any organized group of persons. 15 16 (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 any of the foregoing. 20 21 (c) The term "commerce" means trade, traffic, com22 merce, transportation, or communication between two or 23 more States; between any State and any place outside 24 thereof; between points in the same State but through any 25 point outside thereof; or within the District of Columbia, the 4 1 Commonwealth of Puerto Rico, or any possession of the 2 United States. 3 (d) The term "affecting commerce" means in commerce, 4 or burdening or obstructing commerce or the free flow of 5 commerce. 6 (e) The term "person subject to this Act" means any 7 employer, Government contractor, Federal agency, labor 8 organization, and employment agency. (f) The term "employer" means any person who (1) is engaged in commerce or in operations affecting commerce, or is acting, directly or indirectly, in the interest of a person so engaged, and (2) has one or more individuals in his employ, or has had one or more individuals in his employ while so engaged or acting. (g) The term "Government contractor" means— (1) any person who is carrying out a contract entered into by him with the United States or with any Federal agency, (2) any person who is carrying out a subcontract for the execution of any part of a contract described in paragraph (1) or of any part of a subcontract described in this paragraph, and (3) any person who is furnishing services, supplies, or materials, or constructing or repairing any property, 22-287 0-63 |