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with the Constitution, forces segments of the population into substandard living conditions, foments industrial strife and domestic unrest, deprives the Nation of full use of its productive capacity, endangers the national security and general welfare, and adversely affects the domestic and foreign commerce of the United States.
Subsection (b) sets forth a congressional declaration of policy that all persons within the jurisdiction of the United States have a right to employment opportunity free from discrimination because of race, religion, color, national origin, or ancestry as specified in sections 5 and 6. It is declared to be the national policy to protect the right of the individual to be free from such discrimination.
Subsection (c) states that the act is necessary to remove obstructions to the free flow of interstate and foreign commerce and to insure the complete and full enjoyment of all persons of the rights, privileges, and immunities secured and protected by the Constitution. Section 3. Definitions
This section contains definitions of a number of terms used in the act. A few of these definitions are particularly important to an understanding of the scope of the act.
"Employer” is defined to mean a person engaged in commerce who has 25 or more employees, except that during the first year after the date of enforcement provisions of the act become effective, employers having fewer than 100 employees will not be covered, and during the second year after such date, employers with fewer than 50 employees will not be covered. The definition excludes from the term "employer" all Federal, State, and local government agencies, and bona fide membership clubs (other than labor organizations) which are tax exempt under the Internal Revenue Code of 1954 (sec. 501(c)).
"Employment agency” is defined to include any person who regularly undertakes to procure employees for an employer or to procure for employees opportunities to work. This definition expressly includes the U.S. Employment Service and the system of State and local employment services receiving Federal assistance.
"Labor organization” is defined in substantially the same manner As defined in the Labor-Management Reporting and Disclosure Act of 1959, except that State and local central bodies will be treated as are other labor organizations.
Labor organizations will be covered only if they are engaged in an industry affecting commerce within the meaning of the act, and subsection (e) of this section describes the labor organizations which are so engaged. This provision is the same as the comparable provision in the Labor-Management Reporting and Disclosure Act of 1959, except that it excludes any labor organization having fewer than 25 members. Also, during the first year after the date the enforcement provisions of the act become operative, a labor organization having fewer than 100 members will be excluded from coverage, and during the second year after such date, those having fewer than 50 members will be so excluded.
The terms "person," "emplovee," "commerce," "industry affecting commerce," and "State,” are defined for the purposes of the act in the manner common for Federal statutes.
Section 4. Exemptions
This section provides that the requirements of the act will not apply with respect to the employment of aliens outside a State, or to religious corporations, associations, or societies. Section 5. Discrimination because of race, religion, color, national
origin, or ancestry Subsection (a) describes a number of activities which, if engaged in by employers, will constitute unlawful employment practices. It will be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of race, religion, color, national origin, or ancestry. It will also be an unlawful employment practice for an employer to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his status as an employee because of his race, religion, color, national origin, or ancestry.
Subsection (b) provides that it will be an unlawful employment practice for an employment agency, because of race, religion, color, national origin, or ancestry to fail or refuse to refer an individual for employment or otherwise to discriminate against him, or for such an agency to classify or refer any person for employment on the basis of race, religion, color, national origin, or ancestry.
Subsection (c) describes a number of unlawful employment practices of labor organizations. Under this subsection it will be an unlawful employment practice for a labor organization to exclude or expel any person from membership because of race, religion, color, national origin, or ancestry. It will be an unlawful employment practice for a labor organization to limit, segregate, or classify its membership so as to deprive or tend to deprive any person of employment opportunities or to limit such opportunities, or otherwise adversely affect his status as an employee or as a job applicant because of his race, religion, color, national origin, or ancestry. It will also be an unlawful employment practice for a labor organization to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
Subsection (d) makes it an unlawful employment practice for persons controlling apprenticeship or other training programs to discriminate because of race, religion, color, national origin, or ancestry in admission to, or employment in, such a program.
Subsection (e) provides for a very limited exception to the provisions of the act. Notwithstanding any other provisions, it shall not be an unlawful employment practice for an employer to employ persons of a particular religion or national origin in those rare situations where religion or national origin is a bona fide occupational qualification. Section 6. Other unlawful employment practices.
Subsection (a) of this section makes it an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual or for a labor organization to discriminate against any member or applicant for membership, because he has
opposed any practice made an unlawful employment practice by other sections of this act or because he has made a charge, testified, assisted, or participated in any manner in the enforcement of this act.
Subsection (b) makes it an unlawful employment practice for an employer, labor organization, or employment agency to be responsible for the publishing of any notice or advertisement indicating a preference, limitation, specification, or discrimination based on race, religion, color, national origin, or ancestry, except where based upon religion when religion is a bona fide occupational qualification for employment. Section 7. Equal Employment Opportunity Commission
This section creates an independent agency to be known as the Equal Employment Opportunity Commission, consisting of an Equal Employment Opportunity Board and an Office of the Administrator of the Equal Employment Opportunity Commission, headed by the Administrator of the Equal Employment Opportunity Commission. Section 8. Equal Employment Opportunity Board
Subsection (a) states the primary function of the Board, which is to hear and determine complaints of unlawful employment practices brought before it by the Administrator, and to ussue appropriate orders to enforce the act.
Subsection (b) provides for a five-member, bipartisan Board, appointed by the President for staggered terms of 7 years, subject to Senate confirmation. One member shall serve as Chairman and one as Vice Chairman.
The Board will have the usual powers and duties with respect to employment of personnel, quorum, right to act while vacancies exist, use of official seal, and reports to Congress and the President. Members shall receive $20,000 per year, except the Chairman shall receive $20,500. The principal office of the Board shall be in the District of Columbia Section 9. Administrator of the Equal Employment Opportunity Com
mission Subsection (a) provides that the Administrator shall be appointed by the President for a term of 4 years, subject to Senate confirmation. The Administrator shall receive $20,500 per year and is authorized to appoint officers and employees necessary to enable him to carry out his functions.
Subsection (b) grants the Administrator power to create local, State, or regional advisory and conciliation councils and authority to empower them to study the problem of discrimination forbidden by this act and to foster through community effort or otherwise good will, cooperation, and conciliation among groups and elements of the population. The Administrator may also empower them to make recommendations for the development of policies and procedures in general and in specific instances. These councils will be composed of representative citizens of the areas for which they are appointed who will serve on an uncompensated basis (except for a per diem in lieu of subsistence). The Administrator will provide them with technical and clerical assistance. In addition, the Administrator will have power to cooperate with and utilize regional, State, and other agencies, both public and private, and individuals, he will be authorized to furnish technical assistance to persons subject to this act who request
it to further their compliance with this act or with an order issued thereunder. If the employees of an employer refuse or threaten to refuse to cooperate in effectuating the provisions of this act, the employer may request assistance from the Administrator in effectuating such provisions by conciliation or other remedial action. The Administrator may make such technical studies as may appropriate to effectuate the purposes of the act and may make the results of the studies available to interested agencies. The Administrator may pay to witnesses the same witness and mileage fees as are paid to witnesses in the courts of the United States.
Subsection (c) provides that attorneys appointed by the Administrator may represent the Board or Administrator in any case in court at the direction of the Administrator.
Subsection (d) requires that the Administrator cooperate with other departments and agencies in the performance of educational and promotional activities. Section 10. Prevention of unlawful employment practices
The Commission is empowered, as hereinafter described, to prevent unlawful employment practices. Verified written charges may be filed by or on behalf of an aggrieved person, or by the Administrator where he has reasonable cause to believe a violation of the act has occurred, that an unlawful employment practice has been engaged in. The Administrator shall notify the respondent of such charge and shall investigate such charge. Where he determines that probable cause exists for crediting such charge he shall endeavor to eliminate any unlawful employment practices 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.
Where informal methods fail to effect the elimination of the unlawful employment practice (or in advance thereof if circumstances warrant), the Administrator shall issue a complaint stating the charges, together with a notice of hearing before the Board, a member thereof, or a designated agent, not less than 10 days after service of such complaint, at a place therein fixed. Should the Administrator fail or refuse to issue such complaint within a reasonable time, the person filing such charge may petition the District Court of the United States for the District of Columbia, or a district court of the United States within any district wherein the unfair employment practice in question is alleged to have occurred or wherein such person resides or transacts business, and such courts shall have jurisdiction to require the Administrator to issue such complaint. A 6-month statute of limitations is placed upon the filing of a charge.
The respondent has the right to file an answer to the complaint, to appear at the hearing, with or without counsel, to present evidence and to examine and cross-examine witnesses. Power to reasonably amend both complaints and answers is authorized. Testimony shall be under oath.
Subsequent to the hearing, the entire record shall be transferred to the Board, together with a recommended decision, and copies shall be served upon the parties. The Board shall afford the parties en opportunity to be heard on such record, including oral arguments. In its discretion, the Board may, upon notice, take further testimony. A Board member shall be disqualified from participating in proceedings before the Board if he has acted as hearing officer in earlier proceedings in such case.
A case may be ended prior to transfer of the record to the Board by agreement between the parties with the approval of the hearing officer.
If, upon a preponderance of the evidence, the Board shall find that the respondent engaged in an unlawful employment practice, it shall state its findings of fact and issue a cease and desist order and order such affirmative action, including reinstatement or hiring of employees, with or without backpay, as will effectuate the policies of the act. Interim earnings or amounts earnable with reasonable diligence shall operate to reduce the backpay otherwise allowable. The respondent may be required to report upon his compliance with the order. The Board shall issue an order dismissing the complaint where the findings indicate no unlawful employment practice. No affirmative action shall be ordered for any reason other than discrimination on account of race, religion, color, national origin, or ancestry.
Until a transcript of a record in the case is filed in court, the case may be ended by agreement between the parties with approval by the Board and the Board may modify or set aside any finding or order made or issued by it upon reasonable notice to the parties.
Proceedings held pursuant to this section must conform to the standards and limitations of sections 5, 6, 7, 8, and 11 of the Administrative Procedure Act. Section 11. Judicial review
Subsection (a) provides that the Administrator shall have power to petition the courts specified in the act for the enforcement of the order of the Board and for appropriate temporary relief or restraining order. He shall certify and file in the court a transcript of the entire record of the proceeding. Upon such filing the court shall conduct proceedings in accordance with section 10 of the Administrative Procedure Act
Subsection (b) grants jurisdiction to the court to grant temporary relief or restraining order, to enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the order of the Board
Objections'not urged before the Board shall not be considered by the court unless due to extraordinary circumstances. The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive. Upon motion by a party, the court may order the taking of additional evidence betore the Board, to be made part of the transscript, if there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board and such evidence is material. The Board may modify its findings of fact by reason of additional evidence so taken and shall file such findings along with its recommendations with respect of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to traditional rights of appenl.
Subsection (b) provides that any person aggrieved by a final order of tha Board may obtain a review of such order in the courts by filing a written petition. A copy of such petition must be served upon the Board and thereupon the Administrator shall file in the court à tran