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COMMITTEE ON EDUCATION AND LABOR

ADAM C. POWELL, New York, Chairman CARL D. PERKINS, Kentucky

WILLIAM H. AYRES, Ohio EDITH GREEN, Oregon

ROBERT P. GRIFFIN, Michigan JAMES ROOSEVELT, California

ALBERT H. QUIE. Minnesota FRANK THOMPSON, JR., New Jersey

CHARLES E. GOODELL, New York ELMER J. HOLLAND, Pennsylvania

JOHN M. ASHBROOK, Ohio JOHN H. DENT, Pennsylvania

DAVE MARTIN, Nebraska ROMAN C. PUCINSKI, Illinois

ALPHONZO BELL, California DOMINICK V. DANIELS, New Jersey

OGDEN R. REID. New York JOFIN BRADEMAS, Indiana

GLENN ANDREWS, Alabama JAMES G, O'HARA, Michigan

EDWARD J. GURNEY, Florida RALPH J. SCOTT, North Carolina HUGH L. CAREY, New York AUGUSTUS F. HAWKINS, California CARLTON R. SICKLES, Maryland SAM GIBBONS, Florida WILLIAM D. FORD, Michigan WILLIAM D. HATHAWAY, Maine PATSY T. MINK, Hawaii JAMES H. SCHEUER, New York LLOYD MEEDS, Washington

LOUISE MAXIENNE DARGANS, Chief Clerk

RUSSELL C. DERRICKSON, Staff Director
C. SUMNER STONE, Special Assistant to the Chairman

Dr. GRACE HEWELL, Education Chief
LEON ABRAMSON, Chief Counsel for Labor-Management
MICHAEL J. BERNSTEIN, Minority Counsel for Education and Labor
CHARLES W. RADCLIFFE, Special Education Counsel for Minority

GENERAL SUBCOMMITTEE ON LABOR

JAMES ROOSEVELT, California, Chairman JOHN H. DENT, Pennsylvania

ALPHONZO BELL, California ROMAN C. PUCINSKI, Illinois

CHARLES E, GOODELL, New York DOMINICK V. DANIELS, New Jersey

DAVE MARTIN, Nebraska
AUGUSTUS F. HAWKINS, California
EDITH GREEN, Oregon

JAY H. FOREMAN, Counsel

II

HEARINGS RTS

TORTS

RVS 13 065

CONTENTS

Hearings held in Washington, D.C.:

Page

June 15, 1965.--

1

July 19, 1965.

29

July 20, 1965.

59

July 21, 1965-

89

Statement of

Biemiller, Andrew J., director, Department of Legislation, AFL-CIO,

accompanied by Tom Harris, associate general counsel, AFL-CIO.- 21,90

Fowler, Hon. George II., chairman, New York State Commission on

Human Rights...

59

Kemp, Hon. James, commissioner, Illinois State Fair Employment

Practice Commission.-

78

Mitchell, Clarence, director, Washington Bureau, National Associa-

tion for the Advancement of Colored People-

11,90

O'Shaughnessy, James B., representing Illinois State Chamber of Com-

merce, accompanied by Robert M. Perry, manager, Labor Relations

Department, Illinois State Chamber of Commerce

30

Roosevelt, Hon. Franklin D., Jr., Chairman, Equal Employment

Opportunity Commission.-

101

Statements, letters, supplemental material, etc.:

Chamber of Commerce of the United States, statement of..

56

Gordin, Burton I., executive director, Michigan Civil Rights Commis-

sion, letter to Chairman Roosevelt...

284

Rules of Michigan Civil Rights Commission.-

285

Howden, Edward, executive officer, California Fair Employment

Practice Commission.--

292

Legislative history and analysis of title VII of the Civil Rights Act of

1964: Equal employment opportunity

116

Miller, Lambert H., general counsel, National Association of Manufac-

turers, letter to Chairman Roosevelt..

291

Rice, Theron J., legislative general manager, Chamber of Commerce

of the United States, telegram to Chairman Roosevelt.

27

Student Nonviolent Coordinating Committee, statement of..

26

Vivian, Hon. Weston E., a Representative in Congress from the State

of Michigan..

115

EQUAL EMPLOYMENT OPPORTUNITY, 1965

TUESDAY, JUNE 15, 1965

HOUSE OF REPRESENTATIVES,

GENERAL SUBCOMMITTEE ON LABOR
OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C. The subcommittee met at 6:05 p.m., pursuant to call, in room 2175, Rayburn House Office Building, Hon. James Roosevelt (chairman of the subcommittee) presiding.

Present: Representatives Roosevelt, Pucinski, Daniels, Hawkins, Bell, Green, O'Hara, and Reid.

Mr. ROOSEVELT. The subcommittee will come to order, please.

The committee meets at this rather late hour, as I am sure you all know, due to the objections of one Member of the Congress to our sitting during the general debate this afternoon.

I apologize to Mr. Mitchell and Mr. Biemiller for the late hour. I want to extend to you my appreciation for your cooperation.

I want to also thank the members of the committee who are present for their cooperation.

The historic Civil Rights Act of 1964 provides in title VII for the protection of equal employment opportunities. It was the General Subcommittee on Labor of the Committee on Education and Labor which heard extensive testimony on and wrote and reported the measure that ultimately evolved into title VII. This is an area of great concern to all members of the Committee on Education and Labor and, therefore, Chairman Powell has requested this subcommittee to hold these early hearings on several recently introduced bills which would amend certain provisions of that title.

Part of the urgency is the consideration, the eminent consideration, of other legislation which would be affected by the ability of the past legislation to be effective. Two of those bills, H.R. 8998, introduced by myself, and H.R. 8999, introduced by my colleague from New York, the Honorable Ogden Reid, are identical. The committee is very happy to have Mr. Reid present this afternoon.

(H.R. 8998 and H.R. 8999 follow :)

[H.R. 8998, 89th Cong., 1st sess.)

A BILL To more effectively prohibit discrimination in employment because of race, color,

religion, sex, or national origin, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress asseinbled, That (a) section 701 (b) of the Civil Rights Act of 1964 is amended

(1) by striking out “twenty-five” and inserting in lieu thereof "eight”,
(2) by striking out the first proviso, and
(3) in the second proviso, by striking out “further".

1

(b) Section 701 (e) of such Act is amended by striking out “(A)” and all that follows down to and including "thereafter” in the matter preceding paragraph (1) and inserting in lieu thereof “eight or more".

SEC. 2. Title VII of the Civil Rights Act is amended by adding at the end thereof the following new section :

"CEASE AND DESIST ORDERS "SEC. 717. (a) In addition to the powers of the Commission under section 706, whenever a majority of the Commission determines that the public interest requires, it may, in according with this section, prevent any person from engaging in any unlawful employment practice.

“(b) Whenever the Commission has made a determination under subsection (a), it shall conduct an investigation and if it shall determine after such investigation that probable cause exists for believing any person subject to this title has committed an unlawful employment practice, the Commission shall charge such person with the commission of such unlawful employment practice and shall notify him of such charge. The Commission shall endeavor to eliminate any unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such endeavors may be used as evidence in any subsequent proceeding.

"(c) (1) If the Commission fails to effect the elimination of such unlawful practice and to obtain voluntary compliance with this Act, or in advance thereof if circumstances warrant, the Commission shall have power to issue and cause to be served upon the respondent a complaint stating the charges in that respect, together with a notice of hearing before the Commission, or a member thereof, or before a designated agent, at a place therein fixed, not less than ten days after the service of such complaint. No complaint shall issue based upon any unlawful employment practice occurring more than one year prior to the filing of the charge with the Commission unless the person aggrieved thereby was prevented from filing such charge by reason of service in the Armed Forces, in which event the period of military service shall not be included in computing the one-year period.

"(2) The respondent shall have the right to file a verified answer to such complaint and to appear at such hearing in person or otherwise, with or without counsel, to present evidence and to examine and cross-examine witnesses.

"(d) (1) The Commission or a member or designated agent conducting such hearing shall have the power reasonably and fairly to amend any complaint, and the respondent shall have like power to amend its answer.

(2) All testimony shall be taken under oath.

"(3) The member of the Commission who filed a charge shall not participate in a hearing thereon.

“(4) At the conclusion of a hearing before a member or designated agent of the Commission, such member or agent shall transfer the entire record thereof to the Commission, together with his recommended decision, and copies thereof shall be served upon the parties. The Commission, or a panel of three qualified members designated by it to sit and act as the Commission in such case, shall afford the parties an opportunity to be heard on such record at a time and place to be specified upon reasonable notice. In its discretion, the Commission upon notice may take further testimony.

“(e) With the approval of the member or designated agent conducting the hearing, a case may be ended at any time prior to the transfer of the record thereof to the Commission by agreement between the parties for the elimination of the alleged unlawful employment practice on mutually satisfactory terms.

"(f) If, upon the preponderance of the evidence, including all the testimony taken, the Commission shall find that the respondent engaged in any unlawful employment practice, the Commission shall state its findings of fact and shall issue and cause to be served on such person and other parties an order requiring such person to cease and desist from such unlawful employment practice and to take such affirmative action, including reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the discrimination), as will effectuate the policies of the title: Provided, That interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. Such order may further require such respondent to make reports from time to time showing the extent to which it has complied with the order. If the Commission shall find that the respondent has not engaged in any unlawful employment

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