2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10 2-11 LIST OF TABLES Distribution of Discrimination Charges by Type of .. Distribution of Discrimination Charges by Region: Distribution of Investigation Workload by Completion Distribution of Charges with Completed Conciliation by CHAPTER 3 3-1 3-2 3-3 3-4 3-5 3-6 Industry Classification of Respondents Surveyed: 1971. Distribution of Respondent Employment by Occupation: Distribution of Respondent Employment by Occupation: 3--7 Distribution of Respondent Employment by Occupation: 69 3-8 Respondent Employment in Skilled Trades and Apprenticeship: 73 3-9 Results of Respondent Training Programs Developed through 78 (continued) V Table 3-10 3-11 3-12 3-13 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 4-11 4-12 LIST OF TABLES (continued) CHAPTER 3 (continued) Distribution of Respondent Employment by Occupation: Salaried Employment of Respondent for Total and Minority Distribution of Respondent Employment for Anglo and CHAPTER 4 Pre- and Post-Conciliation Minority Share of Total Male Pre- and Post-Conciliation Relative Occupational Position Pre- and Post-Conciliation Minority Share of Total Male Pre- and Post-Conciliation Relative Occupational Position t-Test of Paired Observations Measuring Impact of . . 122 vi CHAPTER 1 INTRODUCTION Title VII of the Civil Rights Act of 1964 reflects Congress Hutchings v. U.S. Industries, Inc., 429 F. 2d 309 (5th Cir. The disadvantages of some minority groups in the competition for jobs and steady employment have been subjects of continuing public concern in More recently this concern this nation over the past three decades.1/ has extended to economic opportunities of women. The most visible evidence of this appears in the form of Title VII of the Civil Rights Act of 1964. Under Title VII, discrimination in employment by employers, labor organizations, and employment agencies on the basis of race, religion, sex, and national origin is unlawful. The passage of this legislation represents an integral component of the comprehensive set of programs and policies-including economic development, education, manpower, housing, health, and income maintenance systems--necessary to overcome the complex and pervasive problems of employment discrimination. In fulfilling its responsibility for administration of Title VII, the U.S. Equal Employment Opportunity Commission (EEOC) seeks to secure voluntary compliance with the law through informal means of conciliation where reasonable cause exists to believe discrimination occurred. The use of conciliation and its effectiveness in securing compliance with Title VII, however, has not been uniformly succeessful. In fiscal 1966 the EEOC sought to conciliate 191 charges of employment discrimination involving 68 respondents: employers, labor organizations, and employment agencies. These figures grew by fiscal 1970 to 1,179 charges and 613 respondents.2/ Nearly 6 out of 10 charges in this period (58 percent) were unsuccessfully 3/ conciliated.- That is, the respondent refused to change his or her employment or referral policies to resolve alleged unlawful practices. Throughout its early history the EEOC had no power to bring direct civil action against respondents where conciliation was unsuccessful. Instead, this power was accorded complainants. The amendment of Title VII first, to isolate by the Equal Employment Opportunity Act of 1972, however, empowers the Commission to secure enforcement of the law through civil action in federal 4/ court where voluntary compliance efforts are unsuccessful. This study examines the EEOC's compliance procedures and their use of conciliation as a tool of compliance. The objectives are threefold: those factors responsible for conciliation's success or failure as a means to alteration of alleged unlawful employment and referral practices; second, to determine whether these procedures, and their use of conciliation, when successful, have effectively changed opportunities of those whose choices have been limited by acts of employment discrimination; third, to determine what steps might be taken to improve the compliance process should that be required. Scope of the Study The study examines EEOC compliance efforts between 1966 and 1971, with analysis limited primarily to conciliation involving alleged acts of employer discrimination based on race. Such cases currently account for approximately 6 out of 10 discrimination charges received by the Commission. |