Supporting Compliance Activities The Expanding Legal Structure of Title VII Minority Employment--1966 to 1969 THE OUTCOME OF CONCILIATION AND ITS DETERMINANTS Manufacturing of Fabricated Metals Some Perspectives on the outcome of Conciliation Table CHAPTER 2 Page 2-1 8 2-2 9 2-3 11 2-4 16 2-5 17 2-6 Distribution of Discrimination Charges by Type of Respondent and Basis of Discrimination: Fiscal Years 1970-1968 . . Fiscal Years 1970-1968 ... Basis of Discrimination and Type of Charge: Fiscal 1970 Fiscal Years 1970-1966 Status: Fiscal Years 1970-1966 . Status: Fiscal Years 1970-1966 .. Status of Outcome: Fiscal Years 1970-1966 by Status of Outcome: Fiscal Years 1970-1966 . Occupations for U.S.: 1969 and 1966 by Occupation and Sex for U.S.: 1969 and 1966 and Anglos by Region and Sex: 1969 and 1966 . 19 2-7 20 2-8 21 Industry Classification of Respondents Surveyed: Skill Requirements, and Earnings: Retail General Merchandise . Retail General Merchandise: 1971 and 1968 Skill Requirements, and Earnings: Manufacturing of • • • Manufacturing of Women's Apparel: 1971 and 1967 Skill Requirements, and Earnings: Trucking and Motor Freight . i. Trucking and Motor Freight: 1971 and 1.16 Manufacturing of Fabricated Metals, 1971 Conciliation: Manufacturing of Fabricated Metals, LIST OF TABLES (continued) Table CHAPTER 3 (continued) Page 3-10 81 3-11 83 Distribution of Respondent Employment by Occupation: Manufacturing of Fabricated Metals, 1971 and 1964 1971 .. Groups: 1971-1966 Minority Groups by Occupation: 1971-1966 3-12 88 3-13 89 CHAPTER 4 4-1 4-2 4-3 4-4 4-5 4-6 4-7 Pre- and Post-Conciliation Minority Share of Total Male Employment for Respondents and Peer Groups: 2-Digit SIC 109 Pre- and Post-Conciliation Minority Share of Total Female Employment for Respondents and Peer Groups: 2-Digit SIC 110 of Minority Men for Respondents and Peer Groups: 111 Pre- and Post-Conciliation Relative Occupational Position of Minority Women for Respondents and Peer Groups: 112 Pre- and Post-Conciliation Minority Share of Total Male Employment for Respondents and Peer Groups: 3-Digit SIC 113 Pre- and Post-Conciliation Minority Share of Total Female Employment for Respondents and Peer Groups: 3-Digit SIC 114 of Minority Men for Respondents and Peer Groups: 115 Pre- and Post-Conciliation Relative Occupational Position of Minority Women for Respondents and Peer Groups: 116 118 Measures of Intensity of EEOC Compliance Activity and Minority Employment Status of Men for Southern Conciliations with Race as an Issue in 1967 and 1968 . 121 Minority Employment Status of Women for Southern Conciliations with Race as an Issue in 1967 and 1968 . 122 Function of the Intensity of EEOC Compliance Activity . . 123 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 1/ this nation over the past three decades. More recently this concern has extended to economic opportunities of women. The most visible evidence 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 volun tary 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 21 Nearly 6 out of 10 charges in this period (58 percent) were unsuccessfully conciliated. ed. 3/ 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 by the Equal Employment Opportunity Act of 1972, however, empowers the Commission to secure enforcement of the law through civil action in federal court where voluntary compliance efforts are unsuccessful.4/ This study examines the EEOC's compliance procedures and their use of conciliation as a tool of compliance. The objectives are threefold: first, to isolate 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. |
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