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STAT Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0M00005R000200020002-1 ~& V4 Next 1 Page(s) In Document Denied Pod Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 Declassified in Part - discrimination claims made by Federal em- ployees against the Federal Government, and for other purposes; jointly. to the Com- mittees on Education and Labor and Post Office and Civil Service. By Mr. THOMAS A. LUKEN (for him- self, Mr. WHITTAKER, and Mr. Bates): E.R. 5113. A bill to provide that the adver- tising and promotion of tobacco products and the sale of tobacco products in vending ‘machines violates the Federal Trade Com- mission Act, to amend the Federal Trade Commission Act to authorize a continuing study of tobacco smoke, and for other pur- poses; to the Committee on Energy and Commerce. By Mr. MONTGOMERY (for himself, Mr. Hasnorscemint, Mr. Solomon, and Mr. McEwsn): HR. 5114. A bill to amend title 38, United States Code, to improve programs for the recruitment and retention of health-care personnel of the Veterans’ Administration, to extend certain expiring programs of the Veterans’ Administration, and for other oe to the Committee on Veterans’ Af- airs. By Mr. RODINO (for himself and Mr. Mazzoui): HLR. 5115. A bill to amend the Immigra- tion and Nationality Act to revise the nu- merica) Hmitation and preference system for admission of independent immigrants, and for other purposes; to the Committee on the Judiciary. By Mr. SCHULZE: BR. Bile. A bill to require the Adminis- trator of the Environmental Protection Agency to promptly commence remedial action at the Paoli Railyard Superfund site in Paoli, PA; to the Committee on Energy and Commerce. By Mr. STUDDS: - H.R. 5117. A bill to require that plastic ring carrier devices be degradable; jointly, to the Committee on Energy and Commerce and Merchant Marine and Fisheries. By Mr. BIAGGI: H.R. 5118. A bill to amend section 311 the Older Americans Act of 1965 to require the Secretary of Agriculture to provide assist- ance for two meals served daily per person; to the Committee on Education and Labor. By Mrs. ROUKEMA: H. Con. Res. 342. Concurrent resolution expressing the sense of the Congress that the current Federal income tax deduction for interest paid on residential mortgages should not be altered; to the Committee on Ways and Means. By Mr. DORNAN of California (for himself, Mr. Wotr, Mr. Lawros, Mr. Haut of Ohio, Mr. Siro of New Jersey, Mr. Crane, Mr. Porter, Mr. APPLEGATE, Mr. ATKIKS, Mr. BATE- man, Mr. Bereuter, Mr. BItraK15, Myr. Bonxker. Mr. Bovuirer, Mr. BROOMFIELD, Mr. Brown of Califor- NN Mr. Wass, Mr. Wo.rg, and Mr. WorrtTier:: BH. Res. 505. Resolution condemning the systematic violation of international! recog- nized buman rights by the Government of Romania; to the Committee on Foreign Af- fairs. By Mr. MOLINARI EH. Res. 506. Resolution requiring rendi- tion of the Pledge of Allegiance to the Fiag in the House of Representatives on each legislative day; to the Committee on Rules. MENORIALS Under clause 4 of rule XXII, memo- rials were presented and referred as follows: 457. By the SPEAKER: Memorial of the Legislature of the State of Louisians, rela- tive to social security and related programs for State and local public employees; to the Committee on Ways and Means. 458. Also, memorial of the Legislature of the State of Louisiana, relative to the fiscal integrity of State and local governments: to the Committee on Ways and Means. ADDITIONAL SPONSORS Under clause 4 of rule X"XTII, spon-~ sors were added to public bills and res- olutions as follows: H.R. 458: Mr. RICHARDSON. ELR. 639: Mr. Srupps. H.R. 1028: Mr. Combest, Mr. Courter, Mr. QUILLEN, Mr. Hayes of Louisiana, Mr. Sweenty, Mr. Mavnoves, and Mr. Price of North Carolina, E.R. 1443: Mrs. Rovkma and Ms. Snowe. BLR. 1580: Mr. ANDREWS and Mr. WYDEn. H.R. 1700: Mr. FauxtTroy. H.R. 1921: Mr. STANGELAND. E.R. 2039: Mr. McEwrn, Mr. Baker, Mr. Hoztoway, Mr. Packarp, Mr. Rince, and Mr. McCrery. E.R. 2532: Mr. Ortiz. H.R. 2727: Mr. MacKay. E.R. 2828: Mr. Wore, Mr. Levine of Cali- fornia, Mr. QUILLEN, Mr. Ort1z, and Mr. Dz- Fazio. _ ELR. 2926: Mr. Focirerta. ELR. 2940: Mr. Rose. H.R. 2999: Mr. Henry, Mr. Swirt, Mr. McHocu, Mr. Owens of Utah, Mr. Pours, Mr. Akaka, and Mr. JENKINS. E.R. 3112: Mr. Roz, Mr. DwyeErR of New Jersey, and Mr. Coyne. H.R. 3454: Mr. LeatH of Texas and Mr. MANTOR. H.R. 3478: Mr. Suitn of New Jersey. ELR. 3612: Mr. Eckarr. Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 - SLR. 87H: Mr. Bonowst, afr. Poo and Mr. Baxze. oer ‘ELR. 3769: Mtr. Warss. SLR. 3784: Mr. Buarreny and Mr. Ricmaa: Son. BR. 3900: Mr. Baxes and Mr. Howrowa: E.R. 3919: Mr. Lowzy of Washington an Mr. Tomzrce111. ER. 3940: Mr. Towns. E.R. 4011: Mr. Barmean and Mr. Wester. ELR. 6060. Mr. Srarimos, Mr. Drmariy Mr. Sapo, Mr. Tsomas A. LuKEn, Mr. Jour sox of South Dakota, Mr. Bosco, and M: Bovcuzr ELR. 4115: Mr. Hrxcrr. BR. 4156: Mr. Sxars, Mr. SxELToR, an Mr. Lowrny of California. ER. 4189: Mr. Gu.max, Mr. Marrinz, an: Mr. AKAKA. } HBLR. 4257: Mr. Pricz of North Carolins Mr. Broomrizmy, Mr. Eorryv, Mr. Kors: Mr. Bruyrragis, Mr. Circe, Mr. Ingtan Mr. Traxier, Mr. Bares, Mr. Wri. Mr Mica, and Mr. Parner. BR. 4277: Mr. Cowrz, Mr. Shumway, Mr Hovey, Mr. Spratt, Mr. Surrs of Fiorida Mr. Burcuwer, Mr. Macx, Mr. Davis of DL nots, Mr. Lancaster, and Mr. Burror of In diana. E.R. 4317: Mr. Hawocerscywipr, Mr. Sunp Quist, and Mr. Porrrr. ELR. 4438: Mr. DeFazio, Mr. MaRLEWwEE Mr. Evans, Mr. Mrome, and Mrs. Morriia. E.R. 4463: Mr. BALLENGER. H.R. 4526: Mr. SravcHrer of Virginia. Mr Wor, Mr. Cizacent, Mr. Scnurrrr, and Mr RIrvrezr. ELR. 4531: Mr. Shumway. ELR. 4543: Mr. Lowry of Washington. ELR. 4718: Mr. ATEms, Mr. CHAPMAN, anc Mr. Bontor of Michigan. E.R. 4719: Mr. Horrox, Mr. Wa.xerr, Mr. Conyers, Mrs. Co.tmuns, Mr. Ewnciise. Mr. NEAL, Mr. BARNARD, Mr. Lawros, Mr. Wis. Mr. Owens of New York, Mr. Towns, Mr. Sprarz, Mr. Ko.rrer, Mr. Erprrick. Mr. KieczKa, Mr. BustTaManre, Mr. Mavrinez. Mr. Sawyer, Mr. Grant, Mr. Crrncer, Mr. McCanviess, Mr. Craic, Mr. Nimson of Dtah, Mr. DioGuarn1, Mr. Licztroot, Mr. Bouter, Mr. Doratp E. LvEEKs, Mr. Hovcuror, Mr. Hasrert, Mr. Eri. Mr. Innorr, and Mr. Saas. H.R. 4734: Mr. Dornan of California, Mr. Borron of Indiana, Mr. Lacomarsrro, Mr. Worrtey, Mr. Neat, Mr. Lrwis of bila Mr. SHumway, Mr. Roz, Mr. LAxtos, Towns, and Mrs. BentT.ey. FLR. 4758: Mr. McCrery and Mr. Borsk1. H.R. 4860: Mr. Traxier, Mr. Favxtroy, Mrs. Corurns, Mr. NEAL, Mr. Bracct, Mr. La- GOMARSINO, Mr. Dwyer of New Jersey, Mr. Rance, Mr. Fazio, Mr. Garcia, Mr. pE Luco, and Mr. Owens of New York. H.R. 4866: Mr. Frost. Mr. Worrz, Mr. Derrick, Mr. ATKrns, Mr. Owens of New York, Mr. Levin of Michigan, Mr. Dreziums, and Mr. Kenwepy. ELR. 4869: Mr. Brevi. E.R. 4870: Mr. KaSTEnwerer, Mr. LEVINE of California, Mr. Panera, Mr. Worry, Mr. Swirt, Mr. TorRIce.ui, Mrs. Bent.ey, and Mr, MARTINEZ. H.R. 4902: Mr. Bryanr and Mr. Mav- ROULES. H.R. 4921: Mr. MARTINEZ. E.R. 4929: Mrs. Jonnson of Connecticut, “Mr. Exerson, and Mr. HERGER. BR. 4941: Mr. Perper, Mr. Towns, Mr. Kanjorsk1, Nr. Muppry, and Mr. Frank. HLR. 4942: Mr. Murpxy. H.R. 4955: Mr. AKaKa and Mr. McMran of North Carolina. il Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 To co nN & Oo F 8 NO mH ’ —_ 100TH CONGRESS 2p SESSION ‘ ‘ 5 1 1 2 To modify the authority of the Equal Employment Opportunity Commission to investigate and determine discrimination claims made by Federal employees against the Federal Government, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JuLy 28, 1988 . Lantos (for himself, Mr. Frank, Mr. DioGuarpi, and Mr. NiELson of Utah) introduced the following bill; which was referred jointly to the Com- mittees on Education and Labor and Post Office and Civil Service A BILL modify the authority of the Equal Employment Opportunity Commission to investigate and determine discrimination claims made by Federal employees against the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. | This Act may be cited as the ‘“‘Federal Employee Dis- crimination Complaint Procedures Act of 1988’’. SEC. 2. AMENDMENTS. (a) DEFINITIONS.—Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) is amended— \ ae ; lassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 --*~>- i ? | Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OM00005R000200020002-1 = aa 2 1 (1) in paragraph (f) by striking “The term” and inserting ‘Except when it appears as part of the term ‘Federal employee’, the term ”’, and (2) by adding at the end the following: ment Opportunity Commission. “(m) The term ‘entity of the Federal Government’ 2 3 4 STAT 5 “Q) The term ‘Commission’ means the Equal Employ- Ct ed 6 7 8 means an entity to which section 717(a) applies, except that 9 such term does not include the Library of Congress. 10 “(n) The term ‘Federal employee’ means an individual 11 who is employed by an entity of the Federal Government. 12 “(o) The term ‘Federal employment’ means employment 13 by an entity of the Federal Government. 14 “(p) The terms ‘government’, ‘government agency’, and 15 ‘political subdivision’ do not tcluascete cutie et the Poles 16 Government.”. 17 (b) EEOC AND JUDICIAL DETERMINATION OF Dis- 18 CRIMINATION CLAIMS RELATING TO FEDERAL EMPLoy- 19 MENT.—Section 717 of the Civil Rights Act of 1964 (42 20 U.S.C. 2000e-16) is amended— 21 (1) by redesignating subsection (e) as subsection 22-—— (), and 23 (2) by striking subsections (c) and (d) and inserting 24 the following: @HR 5112 1H ‘= dl ia Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MOQ0005R000200020002-1 -== Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 3 1 “(c)(1) Whenever a charge is filed timely by or on behalf of an individual, or by a member of the Commission, alleging that an entity of the Federal Government has engaged in 2 3 4 discrimination based on race, color, religion, sex, or national 5 origin, the Commission shall— 6 “(A) serve a notice of the charge (including the 7 date, place, and circumstances of the alleged discrimi- 8 nation) on the head of such entity not later than 10 | 9 days after the charge is filed; and | 10 “(B) make an investigation of the charge. 11 “(2)(A) A charge filed under this section shall be in 12 writing under oath or affirmation and shal! contain— 13 ““(i) such information and be in such form as the 14 Commission requires; and 15 “Gi) a certification that, not less than 30 days 16 before the charge is filed, such individual— 17 “(I) notified such entity of the specific nature 18 of such charge and the intent to file such charge; 19 and | | 20 _ “(I1) was reasonably available for counseling | 21 by such entity regarding such charge. | 22 “(B) A charge arising under this section shall be filed 23 with the Commission not later than 180 days after the al- 24 leged discrimination occurs. . @HR 5112 JH _, Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 --—~- ; Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO0005R000200020002-1 4 ‘(3)(A) Whenever a charge is filed under this section a with the Commission and the Commission concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this section, the Commission may bring a civil action in an appropriate district court of the United States for appropriate temporary or preliminary relief pending final disposition of the charge. “(B) Any temporary restraining order or other order ie] ie.6) ~] oO o mm o9 bo granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Proce- (a | — © dure, except that any such order may be issued by the court if the Commission shows that— —y bo “(i) there is a substantial likelihood that the indi- fom us vidual aggrieved by the unlawful discrimination alleged | en col >, in such charge will prevail on the merits of such pore oO charge; and ““Gi) undue hardship to such individual will result deme a] if the court does not issue such order. punt [ee] 19 “(4)(A) Not later than 60 days after a charge is timely 20 filed, the Commission shall determine whether ete is rea- 21 sonable cause to believe that the charge is true. 22 “(B) The Commission shall promptly notify the individ- | 23 ual aggrieved by the alleged discrimination and the respond- : 24 ent of its determination under subparagraph (A). = @HR 5112 1H . Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO0005R000200020002-1 ...... | Pgeronls in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 e 5 1 ““(5)(A) If the Commission determines after such investi- 2 gation that there is reasonable cause to believe that the 3 charge is true, the Commission shall endeavor to eliminate 4 the alleged unlawful discrimination by informal methods of 5 conference, conciliation, and persuasion. 6 “(B) If the Commission— 7 “(j) does not comply with subparagraph (A); or 8 “(i) determines that there is reasonable cause to 9 believe that the charge is true and is unable to secure, 10 within the 90-day period beginning on the date the 11 charge is filed, from the respondent a conciliation 12 agreement acceptable to the individual aggrieved by 13 the alleged discrimination; 14 then such individual, not later than 120 days after the charge , 15 is filed, either may file a request with the Commission that 16 such charge be adjudicated by an administrative law judge of 17 the Commission or may commence a civil action in an appro- 18 priate district court of the United States based on the claim 19 with respect to which the charge is filed. Such civil action 20 shall be dismissed if such individual timely files such a re- 21 quest with the Commission. 22 “(C) If the Commission determines timely that there is 23 no reasonable cause to believe that the charge is true— 24 “G) the Commission shall immediately dismiss the 25 charge; and @HR 5112 1H Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 er 4 6 ] “(i) such individual, not later than 120 days after 2 the charge is filed, may commence a civil action in an 3 appropriate district court of the United States based on | 4 the claim with respect to which the charge is filed. 5 “(D) The standards and procedures applicable to deter- 6 mining under section 706(b) whether there is reasonable 7 cause to believe that a charge is true shall apply with respect 8 to determining under this subsection whether there is reason- 9 able cause to believe that a charge is true. 10 “(6)(A)(G) If the Commission receives under paragraph 11 (5)(B) a timely request that the charge be adjudicated by an 12 administrative law judge of the Commission, an administra- 13 tive law judge shall determine the charge in accordance with 4 { a. & 4 4 zi 4 “4 :4 “4 8 20 i 4 “¢ : a “a y Res 14 section 554 of title 5 of the United States Code, notwith- 15 standing subsection (a)(2) of such section, after an opportuni- 16 ty for a hearing on the record. Such hearing, if any, shall be ~ - 1%. concluded not later than 180 days after the Commission re- a 4 2 . tee ae be asp Pane Were Ay ae Paste'pg ne Mat mange, CY et oe yee in cet 0 LG : zs eyo 18 ceives such timely request. Not later than 90 days after the 19 conclusion of such hearing, the administrative law judge shall 20 dbteraitie the charge in accordance with such section. 21 “(i) For purposes of making such determination, the 22 Commission shall issue subpoenas in accordance with section 23 555(d) of title 5, United States Code. 24 “(B)(i) If a preponderance of the evidence received dem- 25 onstrates that the charge is true, then the administrative law @HR 5112 IH ~. Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OM00005R000200020002-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 7 1 judge shall issue, and cause to be served on the head of such 2 entity, an order requiring such entity— 3 “(I) to cease and desist from engaging in the un- 4 lawful discrimination alleged in the charge; 5 “(Z) to take such affirmative action as may be 6 appropriate; and 7 “(II]) to provide any appropriate relief of a kind § described in subsection (d)(2)(A). 9 “(a) If a preponderance of the evidence fails to demon- 10 strate that the charge is true, then the administrative law 11 judge shall issue an order dismissing the charge. 12 “(C)(Gi) Not later than 30 days after an administrative 13 law judge issues an order under subparagraph (B), an individ- 14 ual or entity of the Federal Government aggrieved by such 15 order may appeal such order to the Commission. 16 ““(i) Not later than 90 days after such order is appealed 17 to the Commission, the Commission shal] affirm, reverse, or 18 modify such order. 19 “(ii) An individual who is aggrieved by— 20 “() such order and does not appeal such order to 21 the Commission; 22 “(II) a determination made under clause (ii) by 23 the Commission; or 24 “(II) by the failure of the Commission to comply 25 with clause (ii); @HR 5112 TH Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 ~-— ey 2 ay Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 we ley Se me ao om —& CO NO = ti Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 8 may commence a civil action, not later than 30 days after such determination is timely made, or 120 days after such order is issued under subparagraph (B), whichever occurs earlier, for judicial review in the United States Court of Ap- peals for the District of Columbia Circuit or in the United States Court of Appeals for the circuit in which the unlawful discrimination is alleged to have occurred, for the circuit in which the employment records relevant to such discrimina- tion are maintained and administered, or for the circuit in which such individual would have worked but for the alleged discrimination in violation of subsection (a). “(iv) If an individual with respect to whom a charge is filed under this section prevails under this section with re- spect to unlawful discrimination alleged in the charge, the entity that engaged in such unlawful discrimination shall pro- vide to the individual all the relief— “() that is awarded under this section to such in- dividual; and “(I1) with respect to which a timely appeal is not taken under this section or under title 28 of the United States Code. “(v) The Commission may commence a civil action, in any court of appeals of the United States referred to in clause (iii), to enforce— @HR 5112 IH -«.* - ' . Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 % 9 1 “(I) an order issued under subparagraph (B) by an 2 administrative law judge if an appeal from such order 3 is not taken timely under clause (i) or (iii); or 4 “() an order issued under clause (ii) by the Com- 5 mission if a civil action to review such order is not 6 commenced timely under clause (ii). 7 “(vi) To enforce an order referred to in clause (v), the 8 Commission may order that any employee charged with com- 9 plying with such order shal] not be entitled to receive pay- 10 ment for service as an employee during any period that such 11 order has not been complied with. The Commission shall cer- 12 tify to the Comptroller General of the United States that an 13 order has been issued under this clause. No payment shall be 14 made out of the Treasury of the United States for any service 15 specified in the order issued under this clause by the Commis- 16 sion. 17 “(7)(i) Upon commencement of a civil action under para- 18 graph (6)(C), the Commission shall file with the court of ap- 19 peals the record in accordance with section 2112 of title 28, 20 United States Code. 21 “<ii) Upon commencement of a civil action under para- 22 graph (6)(C), the court shall cause notice of the action to be 23 served on the parties involved. 24 “Gii) The commencement of a civil action under para- 25 graph (6)(C) shall not operate as a stay of the order with HR 5112 TH——2 . Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 -~——_ F | “- . : ‘ =ge : : Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 10 respect to which the action is commenced, but the court in its discretion, may suspend the operation of such order pending & determination of the action. ““iy)(1) Review by the court of appeals of an order issued under paragraph (6)(B), including any determination a on f® 08F WO made under paragraph (6)(C)(i) by the Commission, shall be 7 on the record in accordance with section 706 of title 5, 8 United States Code. 9 _ “() No objection that has not been urged before the 10 administrative law judge or the Commission, as the case may 11 be, may be considered by the court unless the failure to urge 12 such objection is excused by extraordinary circumstances. 13 “(II1) The findings of the administrative law judge or 14 the Commission, as the case may be, with respect to ques- 15 tions of fact shall be conclusive if supported by a preponder- - 16 ance of the evidence on the record considered as a whole. 17 “([V) If the individual or the entity of the Federal Gov- 18 ernment with respect to which such order applies requests 19 leave to adduce additional evidence and shows to the satisfac- 90 tion of the court that the additional evidence is material and 921 that there were reasonable grounds for the failure to adduce 92 the additional evidence before the administrative law judge or 93 the Commission, as the case may be, then the court may 94 order the additional evidence to be taken before the Commis- 95 sion, or its designee, and to be made a part of the record. = @uHR 5112 JH EA EX. Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0M00005R000200020002-1 1] ‘“(V) The administrative law judge or the Commission, 1 2 as the case may be, may modify its findings as to the facts, or 3 may make new findings, by reason of additional evidence so 4 taken and filed. The administrative law judge or the Commis- 5 sion shall file any modified or new findings, which shall be 6 conclusive with respect to questions of fact if supported by a preponderance of the evidence on the record considered as a 8 whole. The administrative law judge or the Commission shal] 9 file recommendations, if any, for the modification or setting 10 aside of the order, including any determination made under 11 paragraph (6)(C)(ii) by the Commission. | 12 “(VI) On the filing of the record with the court, the 13 jurisdiction of the court shall be exclusive and its judgment 14 shall be final, except that the judgment shall be subject to 15 review by the Supreme Court of the United States upon writ 16 of certiorari or certification as provided in section 1254 of 17 title 28.. 18 “(8) The courts of appeals of the United States (other 19 than the United States Court of Appeals for the Federal Cir- 20 cuit) shall have jurisdiction to review orders issued under this 21 section by administrative law judges, including any determi- 22 nation made under paragraph (6)(C)(i) by the Commission. 23 “(@)(1)(A) The district courts of the United States shall 24 have jurisdiction of actions commenced under this section, 25 other than subsection (c)(6)(C). @HR 5132 TH ~~"Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 . GIA-RDP90MO0005R000200020002-1 === : Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OM00005R000200020002-1 12 1 “(B) With respect to a claim arising under this section, 2 an action may be commenced in the United States District 3 Court for the District of Columbia or in any judicial district in 4 which the unlawful discrimination is alleged to have oc- 5 curred, in the judicial district in which the employment 6 records relevant to such discrimination are maintained and 7 administered, or in the judicial district in which the aggrieved 8 individual would have worked but for the alleged unlawful 9 discrimination. 10 “(2)(A) If the district court finds that an entity of the 11 Federal Government intentionally engaged in, or is intention- 12 ally engaging in, unlawful discrimination in violation of sub- 13 section (a), the court may enjoin such entity and the head of 14 such entity from engaging in such unlawful discrimination, 15 and order such affirmative action as may be appropriate, 16 which may include reinstatement or hiring of employees (with 17 or without backpay) or such other equitable relief as the court 18 deems appropriate. . 19 “(B) Back pay liability shall not accrue from a date oc- 20 curring more than 2 years before the filing of the charge with 21 the Commission. 22 ““(C) No order of a district court shall require the hiring, 23 reinstatement, or promotion of an individual as an employee 24 or the payment to an individual of any back pay if the indi- 25 vidual was refused employment, was refused advancement, or te @HR 5112 IH oe ‘iDedasaified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 ~~~ ig Ld j *; Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 . 13 1 was suspended or discharged for any reason other than dis- 2 crimination on account of race, color, religion, sex, or nation- 3 al origin or in violation of subsection (a). 4 “(e) The provisions of the Act entitled “An Act to 5 amend the Judicial Code and to define and limit the jurisdic- 6 tion of courts sitting in equity, and for other purposes’’, ap- 7 proved March 23, 1932 (29 U.S.C. 101-115), shall not apply 8 with respect to actions commenced under this section. 9 “(f) If an entity of the Federal Government or the head 10 of such entity fails to comply with an order of a court issued 11 in an action commenced under this section, the Commission 12 or the prevailing party may commence a proceeding to 13 compel compliance with such order. 14 ‘(g) Any action or proceeding commenced under this 15 section, in a district court of the United States shall be sub- 16 ject to appeal as provided in sections 1291 and 1292 of title 17 28, United States Code. 18. “(h) In any action or proceeding commenced under this 19 section, the court, in its discretion, may allow the prevailing 20 party, other than the Commission or an entity of the Federal | 21 Government (including the head of such entity), a reasonable 22 attorney’s fee as part of the costs. An entity of the Federal 23 Government shall be liable for costs and interest the same as 24 a private person. @HR 5112 IH " Declassified in Part. Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 7-7" mm Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 14 “(i) If an individual with respect to whom a charge is filed under this section prevails under this section with re- spect to unlawful discrimination alleged in the charge, the entity that engaged in such unlawful discrimination shall pay interest on any monetary relief awarded to such individual. Interest shall be paid under this subsection at the rate deter- mined under section 1961(a) of title 28, United States Code, and shall run from the date the charge is filed to the date co ao JN DO oO B® BD HO me such relief is paid or the date from which interest begins to 10 accrue under section 1961 of such title, whichever occurs 11 earlier. Q\ “(j) Any amount (including an attorney’s fee, costs, and 13 interest) awarded under this section shall be paid by the Fed- 14 eral entity that violated subsection (a) from any funds made | 15 available to such entity by appropriation or otherwise. 16 “(k) This section, as in effect immediately before the I 17 effective date of the Federal Employee Discrimination Com- 18 plaint Procedures Act of 1988, shall apply with respect to 19 employment in the Library of Congress.”’. ca | | Sh 20 SEC. 3. EEOC AUTHORITY TO CONDUCT LITIGATION. 21 Section 705(b) of the Civil Rights Act of 1964 (42 22 U.S.C. 2000e-4(b)) is amended— 23 (1) in paragraph (2) by striking ‘‘Attorneys’’ and : 24 inserting “Subject to the requirement specified in para- ae 25 graph (3), attorneys’, and = @HR 51132 1H ™* Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 =—- eral in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO00005R000200020002-1 1 (2) by adding at the end the following: a 2 (3) Notwithstanding sections 516, 517, 518, and 519 3 of title 28, United States Code, and paragraph (2) of this 4 subsection, attorneys appointed under this section shall 5 appear for and represent the Commission in any case in court 6 with respect to a claim arising under section 717 against an 7 entity of the Federal Government.”. 8 SEC. 4. TECHNICAL AMENDMENTS. 9 Section 717(b) of the Civil Rights Act of 1964 (42 10 U.S.C. 2000e-16(b)) is amended by striking ‘Civil Service 11 Commission” each place it appears and inserting ““Commis- 12 sion”. 13 SEC. 5. TRANSFERS OF PERSONNEL AND RECORDS. 14 (a) PERSONNEL REQUIRED To BE TRANSFERRED.— 15 Civilian personnel who are employed on the effective date of ‘ 16 this Act by an entity of the Federal Government (as defined 17 in section 701(m) of the Civil Rights Act of 1964, as added 18 by section 2(a)(2)) in permanent positions the full-time duties - 19 of which are— ee (1) investigating charges filed under section 717 21 of such Act against such entity, ; 22 (2) recommending to the Equal Employment Op-. 23 portunity Commission the disposition of such charges, * 24 or @HR 5132 IH F:- tae Peet ce’ wen ae Fo ee ed ROQ0020002000 ES st Fee) rae = Declassified in Part - Sanitized Copy Approved for Release 2012/11/02. CIA-RDP90MO0005 3-1 cn ee m™ Decliassified i irt - Sanit " bie L assified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 16 1 (3) a combination of the activities specified in JURA 2 paragraphs (1) and (2), 3 shall be transferred in accordance with subsection (b) to the 4 Commission. 5 (b) Time OF TRANSFER.—The Director of the Office of 6 Management and Budget shall determine a schedule for the - 7 orderly transfer required by subsection (a) of personnel from 8 the various entities of the Federal Government. Such sched- 9 ule shall take into consideration the needs of each entity of 10 the Federal Government to retain sufficient skilled personnel 11 to complete administrative action on those charges filed 12 under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 13 2000e-16)— 14 (1) that are pending before such entity, and 15 (2) to which the amendments made by this Act do 16 not apply. 17 (c) EFFECT ON TRANSFERRED PERSONNEL.— The 18 transfer in accordance with this section of any Federal em- 19 ployee shall not cause such employee to be separated from 920 service, or reduced in grade or compensation, in the 1-year 21 period beginning on the date such employee is transferred. 22 (a) Recorps.—Not later than 10 days after the effec- 93 tive date of this Act, the head of each entity of the Federal — 24 Government shall transfer to the Equal Employment Oppor- 95 tunity Commission all records relating to charges arising eR 5112 IB q : _ Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 a ~ Declassifi ao on i. © = 17 under section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16)— (1) that are filed against such entity, and (2) with respect to which such entity does not issue to the individuals by or on whose behalf such charges are filed proposed dispositions of such charges, before the effective date of this Act. (e) EFFECT ON ADMINISTRATIVE JUDGES OF EEOC.—The amendments made by this Act, and the imple- mentation of such amendments, shall not cause any individual who on the effective date of this Act is an administrative judge of the Equal Employment Opportunity Commission to be separated from service, or reduced in grade or compensa- tion, in the 1-year period beginning on such effective date. SEC. 6. RULES OF CONSTRUCTION. (a) EFFECT ON FEDERAL GRIEVANCES PROCEDURE.— The amendments made by this Act shall not be construed to supersede or modify the operation of section 7121(d) of title 5, United States Code. © (b) REFERENCES IN OTHER Laws.—Any reference in any law (other than title VII of the Civil Rights Act of 1964) to any provision of title VII of the Civil Rights Act of 1964 amended by this Act shall be deemed to be a reference to such provision as amended by this Act. @HR 5112 TH RY ee oe = ed in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 5 Pca ilies vebli Ls eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 18 1 SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 2 (a) EFFECTIVE DaTEe.—This Act and the amendments 3 made by this Act shall take effect— 4 (1) 1 year after the date of the enactment of this 5 Act, or 6 (2) on the first day of the first fiscal year begin- 7 ning after the date of the enactment of this Act, 8 whichever occurs later. 9 (b) APPLICATION OF AMENDMENTS.—Except as pro- 10 vided in section 6(b), the amendments made by this Act shall 11 apply only with respect to— 12 (1) charges filed under section 717 of the Civil 13 Rights Act of 1964 (42 U.S.C. 2000e-16) on or after 14 the effective date of this Act,-and . 15 (2) charges filed under such section before such 16 effective date if, as of such effective date, the entities 17 of the Federal Government (as defined in section 18 701(m) of the Civil Rights Act of 1964, ‘as added by 19 section 2(a)(2)) against whom such charges are filed 20 have not issued to the aggrieved individuals proposed 21 dispositions of such charges. 22 (c) COMPUTATION OF TIME WiTH RESPECT TO CER- 23 TAIN PENDING CHARGES.—For purposes of section 717 of 24 the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), as 25 amended by section 2(b)(2), charges described in subsection mewn Ree CL anitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 19 1 (b)(2) of this section that are timely filed before the effective 2 date of this Act shall be considered to be— 3 (1) timely filed: under such section 717 as so 4 amended, and 5 (2) filed with the Equal Employment Opportunity 6 Commission immediately after such effective date. O @HR 5112 TH Declassified in Part ize : : | - Saniti | 3 ) zed Copy Approved for Release 2012/11/02 : CIA RDPSOMO 3 - 0005R00020002000 , 3 2-1 EALTH & WELFAR e Ch. 21 Ch. 21 CIVIL RIGHTS 42 § 2000e [MUNITY RELATI Continued ONS SERVICE— SUBCHAPTER VI—EQUAL EMPLOYMENT OPPORTUNITIES ther agencies; conciliati tote § 2000e. Definitions Rak gies oe ie For the purposes of this subchapter— : ions; oeueeaae of investigative or Wel (a) The term “person” includes one or more individuals, g0V- . and penalties. se ernments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal represent- atives, mutual companies, joint-stock companies, trusts, unincor- porated organizations, trustees, trustees jn cases under Title 11, [ISCELLAN EOUS PROVISIONS or receivers. — i ; roceedings: trial by jury, crimi (b) The term “employer” means a person engaged in 8p ah eptions, intent;. civil palette prac- dustry affecting commerce who has fifteen or more employees Ran pt proceed- J - for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of ecific crimes and 4 crimina : inal contempts. put such term does not include (1) the United larly undertaking with or ithout compensation to procure em- prney General; denial race, color, religion oe Protec- States, a corporation wholly owned by the Government of the isi - : or national United States, an Indian tribe, or any department or agency of sions not to affect authori the District of Columbia subject by statute to procedures of the to institute or veins sie Date as competitive service (as defined in section 2102 of Title 5), oF F actions or (2) a bona fide private membership club (other than @ labor or- isons not to exclude operati ganization) which is exempt from taxation under section 501(c) nlidate consistent State law: poly or State of Title 26, except that during the first year after March 24, opriations. ™ 1972, persons having fewer than twenty-five employees (and tons. their agents) shall not be considered employers. =. “(c) The term “employment agency” means any person regu- | i ployees for an employer or to procure for employees opportunl- ties to work for an employer and includes an agent of such & industry affecting commerce, and any agent of such an organization, and includes any organization . of any : _kind, any agency, _ association, or plan so engaged in which employees participate eas PL Saw ge 8 lang _-and which exists for the purpose, in whole or in part, of dealing BE ERE SER Se ae een aoa with employers concerning grievances, Jabor disputes, wages : or other terms or conditions of employment, nt or system poard, inate to 8 national a se Beha day Hf. tty dees; : OM tera? dege 0 8 = ~ and any conference, general committee, joi ; - pools: ; & or joint. council so engaged which is subore: °o La s q a] g. ° & = ‘oF -o ie} a -) ae | ; ‘fh o p i : . ta“ 4 af t -. so31'(e) A labor organization shall be deemed to be ngaged in an 44 findustry affecting ecommerce if (1) it maintains or operates & . “hiring hall or hiring “office which procures employees for aD , _ employer or procures for employees opportuni we : -+ <an employer, or (2) the number of its members (or, where it is _:.@ labor organization composed of, other abor, organizations or eS (5 be Ce f a¥f ee BE testasboatinel srs ¥ Declassified in P art - Saniti zed Copy Approved for Release 2012/11/02 : CIA-RDP9OMO : - 0005R00020002000 2-1 a : | _Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 ci: | | | 7 42 §2000e pustic HEALTH & WELFARE Ch. 21 their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-five or more during the first year after March 24, 1972, or (B) fifteen or more thereafter, and such labor organization— (1) is the certified representative of employees under the provisions »f the National Labor Relations Act, as amend- ed, or the Railway Labor Act, as amended; (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or (3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or . (4) has been chartered by a labor organization represent- ing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordi- nate body through which such employees may enjoy mem- bership or become affiliated with such labor organization; or (5) is a conference, general committee, joint or system board, or joint council subordinate to a national or interna- tional labor organization, which includes a labor organiza- tion engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsec- tion. , : f) Phe-term “employee” means an individual employed by an employer, except that the term “employee” shall not include any person elected to public office in any State or political subdivi- sion of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal pow- ers of the office. The exemption set forth in the preceding sen- “tence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. Be RI SEE RRS ee Me gE ag (g) The term “commerce” means trade, traffic, - commerce, transportation, transmission, or communication among the sev- - eral States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the Unit- ed States; or between points in the same State but through a point outside thereof. el ea SS ee (hb) The term “industry affecting commerce” means any ac- ‘tivity, business, or industry in commerce or in which a labor 16 . oe ° Blea th tee 3 c eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0M00005R000200020002-1 HEALTH & WELFARE Ch. 21 ; the aggregate number of the members nization) is (A) twenty-five or more ter March 24, 1972, or (B) fifteen or labor organization— d representative of employees under the ational Labor Relations Act, as amend- abor Act, as amended; | certified, is a national or international r a local labor organization recognized sentative of employees of an employer d in an industry affecting commerce; a local labor organization or subsidiary enting or actively seeking to represent rs within the meaning of paragraph ; red by a labor organization represent- ng to represent employees within the h (1) or (2) as the local or subordi- hich such employees may enjoy mem- filiated with such labor organization ; e, general committee, joint or system i subordinate to a national or interna- tion, which includes a labor organiza- dustry affecting commerce within the e preceding paragraphs of this subsec- ”’ means an individual employed by an term “employee” shall not include any ffice in any State or political subdivi- qualified voters thereof, or any person be on such officer’s personal staff, or making level or an immediate adviser ise of the constitutional or legal pow- mption set forth in the preceding sen- mployees subject to the civil service ent, governmental agency or political Porewines. LG THA GES ce” means trade, traffic, ‘commerce, on, or communication among the sev- State and any place outside thereof; olumbia, or. possession of the Unit- ints in the same State but through a - 2. Ne 385: Pudetd WS tereigmy : affecting’ commerce” ‘means any ac- ry in commerce or in ‘which a labor 16 Ch. 21 42 § 2000e i the free flow of dispute would hinder or obstruct commerce or h ] é eeuuees and includes any activity or industry affecting com: merce” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959, and further includes any govermen: tal industry, business, or activity. Oe oy ave i of ey ‘of the Unite es, i) The term “State includes a State of th ' se District of Columbia, Puerto Rico, the Virgin Islands, mies ican Samoa, Guam, Wake Island, the Canal Zone, and 2 : Continental Shelf lands defined in the Outer Continental S e Lands Act. a Ay re a Gg “religion” i ts of religio - ) The term “religion includes all aspec iio and practice,.as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an CIVIL RIGHTS — ee’s or prospective employee’s religious observance or ei aithout undue hardship on the conduct of the employ- ‘er’s business. = - - ee ae Fr 2 e terms “because of sex” or “on the basis 0 sex” in- Age bien are not limited to, because of or on the basis of ae nancy, childbirth, or related medical conditions; and phe ; fected by pregnancy, childbirth, or related medical condition shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or re bility to work, and nothing in section 2000e-2(h) of this : d ‘ghall be interpreted to permit otherwise. This subsection 8 8 not require an employer to pay for health insurance benefits for _ abortion, except where the life of the mother would be eer gered if the fetus were carried to term, or except where Pagan complications have arisen from an -abortion: Provided, - a nothing herein shall preclude an employer from providing | or- tion benefits or otherwise affect bargaining agreements In re- gard to abortion. ~* — : a ene oan weet» ORL RES 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 6 24, 1972, 86 Stat..108; Pub-L. 95-555, 2076; Pub.L: 95-598, Title IIT, § 330, se wot D8 Me Suet anines ree mete e La ann pee ae tle. seme a ita an mall- rences “The National La- 8 (section 151 et weq.) ber Rela anegy apr amended, referred roads. ea see in ot 1), is Act July 5, 1935, this ‘Act-to the Code, ar ee es gah aes amended, which is Title 45 ‘end ‘Tables volume. 23 ah53%t classified generally to subchapter II (sec- “' o.°-"T shor-Management Reporting and tion 151 et seq.) of chapter 7 of Titie 29, Teicclouure Nog of "050, geferred “to in ‘Labor. ‘For complete classification of this =2 10. (nj. js “Pub.L. 86-257, Bept. “14, “Aet to the Code, see section 167 of Title ~jo59 —73 “stat. 619, which Is ‘classified “99 and Tables volume. “4+ ae ae - a wae “principally to chapter “11. (ection = be lame Raitway Labor ‘act, “an amended, ..seq.) of Title 20, Labor. a == ve “peferred to in subsec. (e)(i), is Act May classification of this Act to the Cos, to 29 1926, c. 347, 44 Stat. 577, as amended, Short Title note set out under section © . ‘J which is classified principally to chapter of Title 29 and Tables yolNme. oz coseree- STAT Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 + ified in Part - Sanitized Copy Approved for Release 2012/1 1/02 : CIA-RDP9OMO00 t t ‘ i i i { Ch. 21 un- orders granting a Hmited preference ies the entry level to micibeds of pial Mist that have previously been discriminated the against. Prate v. Freedman, D.C.N.Y. mgs. 1977, 430 F.Supp. 1373, affirmed 573 F.2d nt’s 12D4, 1300, certiorari denied 98 S.Ct. 2274 hich 436 U.S, 922, 56 L.Ed.2d 765. : ger had Absent congressional indication that a necessary remedy in dealing with racial men discrimination in employment should be on- & federal common-law action for tortious on. interference with the affirmative action in and nondiscrimination covenants in gov- na- &Foment contracts, building and construc- tion trades council and unions which EALTH & WELFARE ‘oo) were voluntary, unincorporated - tions lacking capacity ate or spptiae .under Missouri law could not be sued by government for tortious interference with ee performance of such covenants. U. 8. y, rhein 8 pas Const. Trades Council of . Louls, Mo., AFL-CIO, D.C.Mo. Re F.Supp. 447. aa a in- University’s remedies for contractor’s - alleged noncompliance with equal oppor- u- tunity clause in contract to construct res- el. idence hall were not lmited to cancella- af- tion of contract and declaration that con- 98 tractor be declared ineligible for further 61. government contracts, or such other sanc- tions as could be imposed and remedies invoked ax provided by Ex.Ord.No.11246 set out as a note under this section, re- quiring equa! opportunity in federal em- ployment. Trustees of Tufts College y. Volpe Const. Co., 1970, 264 N.E.2d 676, 358 Masa. 331, 44 A.L.R.8d 1272, rer if- lo- rs 65, —— Injunctions He In suit for relief for violation of this Ff subchapter and for interference with im- pie aroha of Ex.Ord.No.11246, set out as a note under this section, and secti a 140 of Title 23, im light of historical cy Y clusion of blacks from the locals reen- B- forced by nepotism and hiring hall & “jump-up” referrals and militant opposi- s- tion to plan for recruitment, placement P- and training of minority group members mn in highway construction industry and to the equal employment ‘opportunities > Which the plan was striving to achieve, it was immaterial whether defendant jocals were nignatories to the plan and United States wan entitled to appropriate affirm- ative relief, including permanent injunc- tion prohibiting discriminatory practices. U. 8. v. United Broth. of Carpenters and 1 Joiners of America, Loca! 169, C_AII. 2 1972, 457 F.2d 210, certiorari denied $3 S. . Ct. 63, 409 Us. 851, % L.Ed.2d 94." Government contractor, which because of its mandatory maternity leave policy for pregnant flight attendants had been » determined to be subject to denial with- | out hearing of two future unrelated con- 68 \o t wit ee eats Ch. 21 tracts, which had shown requisite proba- bility of success on merits for its claim that it had suffered de facto “debarment” or at the very least had established pres- ence of sufficiently serious questions going to merits to make them fair grounds for litigation, which would suf- fer irreparable injury because of “passov- er” on one contract and which represent- ed public interest in assuring that gov- ernment agencies comply with laws or executive orders, was entitled to prelimi- nary injunction enjoining Secretary of Labor and other officials from “passing over” contractor without a hearing. Pan American World Airways, Inc. v. Mar- shall, D.C.N.Y.1977, 439 F.Supp. 487. Where evidentiary hearing was neces- sary to establish facts which were criti- cal to determination of affirmative action plan’s constitutional validity, preliminary injunction of operation of plan was de- nied. Percy v. Brennan, D.C.N.Y.1974, 38t F.Supp. 800. Even though federal compliance agency after institution of action to require it to disapprove affirmative action programs not complying with Ex.Ord.No.11246, set out as a note under this section, requir- ing equal employment op part of federal contractors and regulations setting forth requirements of programs realized that its prior approvals of some programs were erroneous and launched a review of approved programs, where there was clear danger that illegal and improper approvals of mnoncomplying programs would continue unless agency was re- strained from repetition of past unlawful review of programs and there was no remedy at law or remedy that could cor- CIVIL RIGHTS rect agency's actions, injunction would 42 § 2000e-1 lie to require agency to disapprove any noncomplying program and to restrain agency from approving io the future any noncomplying programs. Legal Aid Soc. of Alameda County v. Brennan, D.C.Cal. 1974, $81 F.Supp. 125. Requested injunction against racial dis- crimination by building and construction trades council and unions with regard to union membership, apprenticeship, and training programs and against attempt- ing to cause any employer to discrimi- nate would do no more than eliminate al- leged discrimination by the council and unions and would not violate this sub- chapter prohibiting preferential treat- ment. U. S. v. Building and Const. Trades Council of St. Louis, Mo., AFL- CIO, D.C.M0.1966, 271 F.Supp. 447. 66. Review Contention that Congress acted uncon- stitutionally in extending coverage of this subchapter to state governments which was not raised in the district court could not be raised on appeal. Do- thard v. Rawlinson, Ale.1877, 97 S.Ct. 2720, 433 U.S. 321, 53 L-Ed.2d 786. Imposition of sanctions on contractor who was upable to meet minority persons hiring goals set by “Revised Philadelphia Plan” of Department of Labor but who har exhibited good faith would be im- proper and would be subject to judicial review. Contractors Ase’n of Eastern Pa. vy. Secretary of Labor, D.C.Pa.1970, 311 F.Supp. 1002, affirmed 442 F.2d 159, cer- tiorari denied 92 8.Ct. 98, 404 U.S. 84, 30 L.Ed.2d 95. : § 2000e-1. Subchapter not applicable to employment of aliens outside State and individuals for per- formance of activities of religious corpora- tions, associations, educational institutions, or societies - : This subchapter shall not apply to an employer with respect jens outside any State, or to a religious corpora- employment of al tion, association, educational institution, the employment of individuals of a partic to the or society with respect to ular religion to perform work connected with the carrying on by such corporation, associa- tion, educational institution, or society of its activities. = Publ. 88-352, Title VII, § 702, July 2, 1964, 78 Stat. 255; 92-261, § 3, Mar. 24, 1972, 86 Stat. = . “Pub.L. 103. oe 69 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO00005R000200020002-1 2-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : STS EN UAC UU le ore ee 42 §2000e-1 pustic HEALTH & WELFARE Ch. 21 Note 8 s&s. Publishing Under this subchapter, Commission had Jurisdiction over charges of sexually based discrimination by employee of non- Profit corporation which was affiliated with a church and which operated as a Public publishing house engaged in busi- ness of publishing, printing, advertising and selling religious and Teligiously ori- ented materials for purpose of carrying out church denomination’s work. Equal Employment Opportunity Commission (C. 8. 4.) v. Pacific Press Pub. Ass'n, D.C. Cal.1979, 482 F.Supp. 1291. 8 Nonreligious educational Institutions University teacher who was not rehired allegedly as a result of sex discrimina- tion, who alleged, in addition to acts of discrimination occurring prior to effective date of amendment removing exemption for private universities from this sub- chapter an invidiously motivated refusal to reconsider her termination after the faculty senate hearing pane) had issued a report was sufficient to make this sub. chapter applicable to the alleged discrim- ination. Weise y. Syracuse University, C.A.N.Y.1975, 522 F.2d 397. As amended, this subchapter proscribes discriminatory preference on the basis of sex by institutions of higher learning in their hiring, conipensation, promotion and termination practices with Tespect to faculty members. Equal Employment Opportunity Commission vy. Tufts Ins. of Learning, D.C.Mass.1975, 421 F.Supp. 152, § 2000e-2. Unlawful employment practices Employer practices (a) It shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employ- ment, because of such individual’s race, color, religion, sex, or national origin: or (2) to limit, segregate, or classify his employees or appli- cants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or other- wise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. Employment agency practices (b) It shall be an unlawful employment practice for an employ- ment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, re- ligion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or na- tional origin. Labor organization practices (c) It shall be an unlawfy] employment practice for a labor or- ganization— fe aa ei (1) to exclude or to expel from its membership, or otherwise — i “to discriminate against, any individual because of his race, col- or, religion, sex, or national origin; (2) to limit, segregate, or classify its membership or appli- eants for membership, or to classify or fail or refuse to refer 72 a : x — in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002 { { { i | | 5 1 [EALTH & WELFARE Ch. 21 discrimination occurring prior to effectiy qate of amendment removing éxitaptine for private universities from this subd chapter an invidiously motivated refusal to reconsider her termination after the faculty senate hearing pane] had issued a report was sufficient to make this sub. chapter applicable to the alleged discrim- ination. Weise v. Syracuse Universit C.A.N.Y.1975, 522 F.2d 397. bid As amended, this subchapter pr discriminatory preference Ga the Madicae sex by institutions of higher learning in their hiring, compensation, promotion and termination practices with respect to faculty members. Equal Employment Opportunity Commission v. Tufts Ins. of Learning, D.C.Mass.1975, 421 F.Supp. 152. yment practices practices yment practice for an employer— or to discharge any individual, or st any individual with respect to itions, or privileges of employ- ual’s race, color, religion, sex, or classify his employees or appli- way which would deprive or tend nployment opportunities or other- Bas an employee, because of such , 8X, or national origin. mey practices loyment practice for an employ- fer for employment, or otherwise ual because of his race, color, re- classify or refer for employment race, color, religion, sex, ‘or na- ion practices ee phe a : loyment practice for a labor or- om its membership, or otherwise lividual because of his race, ‘col- in; ; . = ss sae assify its membership or appli- issify or fail or refuse to refer ye. ‘é assified in Part - Sanitized C a erie tets saturated cose ieeds wht eaves aaa ; bee Paog proms Br | 20002000 ra 1 5 42 § 2000e-2 for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise ad- versely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. Ch. 21 CIVIL RIGHTS Training programs (d) It shall be an unlawful employment practice for any employ- er, labor organization, or joint labor-management committee control- ling apprenticeship or other training or retraining, including on- the-job training programs to discriminate against any individual be- cause of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide appren- ticeship or other training. Businesses or enterprises with personnel qualified on basis of religion, sex, or national origins educational institutions with personne! of particular religion . (e) Notwithstanding any other provision of this subchapter, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor- management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program,.on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, eol- lege, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by @ particular religious corporation, association, or society, ‘or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propaga- tion of a particular Peligion. coccatieinaN'aeR . iC pares ‘ ue qa 5°75 wombere of Communist Party or Communist-action or ee: a - Communist-front organisations Nest eteu ae o1y (£) As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure tak- en by an employer, labor organization, joint labor-management com- mittee, or employment agency with respect to an individual who is @ 73 Shee Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0M00005R000200020002-1 : ‘Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 1 42 §2000e-2 pusiic HEALTH & WELFARE Ch. 21 Ch. member of the Communist Party of the United States or of any oth- any er organization required to register as a Communist-action or Com- terp. munist-front organization by final order of the Subversive Activi- vidu ties Control Board pursuant to the Subversive Activities Control Act of 1950. . National security G +e (g) Notwithstanding any other provision of this subchapter, it Fegt 1! shall not be an unlawful employment practice for an employer to Jom ati fail or refuse to hire and employ any individual for any position, for ~~ gra- Bt: an employer to discharge any individual from any position, or for oe aes F ; an employment agency to fail or refuse to refer any individual for bah Hts employment in any position, or for a labor organization to fail or res: rye refuse to refer any individual for employment in any position, if— ie (1) the occupancy of such position, or access to the premises = ne in or upon which any part of the duties of such position is per- ga bor formed or is to be performed, is subject to any requirement im- oF rat posed in the interest of the national security of the United per : 4 States under any security program in effect pursuant to or ad- pee i E ministered under any statute of the United States or any Execu- av: : ‘ tive order of the President; and Pu oi (2) such individual has not fulfilled or has ceased to fulfill 92- bi ; that requirement. ‘i Seniority or merit system; quantity er quality of production; = EE ability tests; compensation based on sex and authorised — po + Wn R ge by minimum wane provisions. -.- oo eee it Act | (h) Notwithstanding any other provision ‘of this subekapee it = ee : shall not be an unlawful employment practice for an employer to ap- = fie: iy ply different standards of compensation, or different terms, condi- @ bee i . tions, or privileges of employment pursuant to a bona fide seniority a aif: ft: or merit system, or a system which measures earnings by quantity ~<% sh iy: or quality of production or to employees who work in different loca- oS eu tions, provided that such differences are not the result of an inten- “S . t. i : tion to discriminate because of race, ‘color, religion, sex, or national —_. - Pu ie origin, nor shall it be an unlawful employment practice for an em- = ea: E Ployer to give and to act upon the results ‘of any professionally de- oe ie veloped ability test provided that such test, its administration or ac- * tion upon the results is not designed, ‘intended or used to discrimi- nate because of race, color, religion, sex or national origin. “It shall not be an unlawful employment practice under this subchapter for . ‘ any employer to differentiate upon the basis of sex in determining ._ the amount of the wages or compensation paid or to be paid to em- | . ployees of such employer if such differentiation ig au authorized by. the =. G provisions of section 206(d) of Title 29.2 ‘arama . ee ae a ; 2 Betncee on or enterprises: extending preferential treatment teh Indians oe ~ (i) Nothing contained. in ‘this subchapter shall apply to any ‘busi- “yr : ness or enterprise on or near an Indian reservation with respect to O44 * Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 Z Declassified in Part - Saniti | art - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R0002000200 02-1 CIVIL RIGHTS 42 § 2000e-2 practice of such business or en- treatment is given to any indi- on or near a reservation. . HEALTH & WELFARE Ch. 2 Ch. 21 any publicly announced employment terprise under which a preferential vidual because he is an Indian living r of the United States or of any oth- = ster as a Communist-action or Com—" gal order of the Subversive Activi- the Subversive Activities Contro Preferential treatment not to be granted on account of existing : number or percentage imbalance vat F (j) Nothing contained in this subchapter shall be interpreted to 1 | require any employer, employment agency, labor organization, or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group be- i | cause of the race, color, religion, sex, OF national origin of such in- i dividual or group on account of an imbalance which may exist with ' respect to the total number or percentage of persons of any race, f color, religion, sex, Or national origin employed by any employer, re- ferred or classified for employment by any employment agency Or labor organization, admitted to membership or classified by any la- bor organization, or admitted to, or employed in, any apprenticeship or other training program, jn comparison with the total number or i color, religion, sex, or national percentage of persons of such race, origin in any community, State, section, or other area, Or in the available work force in any community, State, section, or other area. Pub.L. 88-852, Title VIL, § 703, July 2, 1964, 78 Stat. 255; Pub.L. 92-261, § 8(a), (b), Mar. 24, 1972, 86 Stat. 109. RIERE pl security — eee: er provision of this subchapter, it - yment practice for an employer to any individual for any position, for ndividual from any position, or for r refuse to refer any individual for for a labor organization to fail ‘or pr employment in any position, if— , position, or access to the premises f the duties of such position is per- d, is subject to any requirement im- se national security of the United rogram in effect pursuant to or ad- , of the United States or any Execu- and jot fulfilled or has ceased to fulfill reer peprerner et ee i : phy eae " ede a Ae raarery puistlty de quality of pretation nm based en sex and authorised : ‘wage provisions. --- . : Fe References in Text. The Subversive , : “a Activities Control Act of 1950, referred to added “or applicants for membership” a ‘Act Sept. 23, 1950, ¢. following “membership”. eo iat gracile . this subchapter, it eS in subseec. (f), 18 ractice for an employer to a st 1024, Title I, 6& Stat, 967, which is clasal- 4 ; p- = Effective Date. Section effective one - £5 fied principally to subchapter I (section year after Tuly 2, 1064, tion 716 of ensation, or different terms, i TLeCre! rms, condi- 781 et seq.) of chapter 23 of Title 50, War nt pursuant to a bona fide seniority and National Defense. - For complete clas- aig sae Mae oa an care ich measures earni ; Sification of this Act to the Code, see we of iployees who te ta a by quantity Short Title of Subchapter note set out ttle. ee oe ace ip detterent lees: History. - For legistative ander section 781 of Title 50, War and —_Leglelative urpose of Pub.L. 88-352, see Historical Note ~ ; Ge . ak gehts tgnd a eo o4 Subsec. (c)(2). Pub.L. 92-261, § 8d), ares eer nee eee LCST Te ee aa nces are not the result of an inten- _Z2 National Defense, and Tables volume. history and p : ace, color, religion, sex, or national rs: 172 Amendment. |, Subsec. * (a)(2). 1964 U.S8.Code Cong. and Ad News, Dp. ful employment practi ame Pub.L. 92-261, § 8(a), added “or appli- 2359: | See, also, -Pub.L. 92-261, 1972 U8. practice for anem- ~~ cants for employment” following’ “his Code Cong. and Adm.News, p. 2157. .~ $5703 Ce rn as be a ae retweit “" he results of any professionally ae fe , such test, ita administration oe: el aero ss igned, intended or used to discrimi- 38 ion, sex or national origin. “It shall practice under this subchapter for ~~ on the basis of sex in determining pensation paid or to‘be paid to em- Bi. citere “Library References “> + ave? C.J.8. Civil Rights $$ 50 et seq., 61, 65, pereeree ao ered 8, 60, Th to 73. sete Civil Rights @=79.10 to 9.14. 4 es ; Tp sessing je lhat At Guidelines of Equal -29; Affirmative action, see 29 CFE 1608.1 et sed ‘Employee selection ia piney National origin, see 22 CF! -1006.1.. > TE aygh seugscerg etre. < Religion, see 29 CFB 10052, 04.) eee eee es ote Bex, aee 29 CFR 1604.1 et sea. Sah ws eee ; 7 prea eee ‘Loan services, applicability, see 12 CFR 528.1 et seq... e et ore oe ee we preferential treatment te Indians = subchapter shall apply to any huni: | Indian reservation with respect to 14 / Pe as, mw) Ae D ape : : _ rt eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 CIA-RDP90MO00005R000200020002-1 CIVIL RIGHTS 42 §2000e-3 - - ed S27 F.2d 83, reversed on other employee nor caused such dis- firm See eaiioa We employer. Huston v. Lo- grounds 97 8.Ct. 2264, 432 U.S. 63, 53 L. ah No. 9%, Intern. Union, United Auto., Bd2d 13. “Zeros and Agr. Implement Workers 5 eA pee (U.A.W.), C-A.Mo.1977, 550 F. 675. Sex discrimination . be 6 Ses Oe aks This subchapter places an affirmative prea - cluding permitting continuation eg. - lar work assignment while not -pe. } } union dues or equivalent. Cooper Yeo eral Dynamics, Convair Aerospee - sion, Ft. Worth Operation,. : : ean 533 F.2d 163, rehearing denied 637 a 0. » 1143, certiorari denied 97 ; : oy duty upon a labor ie neugeersaes pg : certiora: len ; bse i eS imination in employment; : ° <——— Grievance procedures viate sex discr’ } U.S. 908, 53 L.Ed.2d 1001. nion promptly filed and prop- thet action must be initiated by the un- aot bps Jevances filed by employee, {on whether or not a female employee puecerty purane’ Bt ossible, and employee dia complains to the union of discriminatory as a haat veounal that he believed conduct. Chrapliwy v. Uniroyal, Inc., D.- discharge to be the result of religious C.Ind.1977, 458 F.Supp. 252. Qiecrimination, union’s failure to assert omen union members failed to prove qeligious discrimination as a ground for ¢tneir charge that union had caused em- the grievance did not amount toa breach pjoyer to discriminate against them in : ef duty the union owed to employee. violation of this subchapter because they aoe “Blakely v. Chrysier Corp., D.C-Mo were women. Tuma v. American Can Co.. er 4ot F.Supp. 1227. D.C.N.J.1974, 873 F.Supp. 218. Where only response of untoa ¢ ployee’s request that she not be n to pay union dues due to her men! ship in Seventh-Day Adventist “Cy was to allow employee to pay dues 3 . foregoing actual membership,. this sponse could not be called accom tion, since union was obligated to exta such considetation to ‘employees, where union rejected even emplo quest for two-week delay in empk a legal obliga termination, union would be lable te @ . regvanation: eR ane ee aie or a ployee under this section for dlocriming 2 See. STR: tion to challenge validity O° eondiegs tion against her because of religious te a Calon was required to fairly represent ang regulations regarding employment of liefs. McDaniel v. Essex Intern.,. Ine, 2, member when it became aware of fact women by Initiating suit to determine tic a ra ence ae . “that be was facing difficulty in schedul- yajidity of such laws, and failure of union a oe: ing days off for his sabbath and was in to do so does not constitute vente Ss e 3 danger of disciplinary action by employ- this section. Ridinger v. pani Socal er asa result. Hardison v. Trans World Corp., D.C.Ohio 1971, 325 F. ape 5 Airlines, D.C.Mo.1974, 375 F.Supp. 8TT, af- versed on other grounds 474 Ree 3- . ; : Employer and union failed ~ reasonable effort to accommodate . relt-m sious beliefs of Seventh Day Advestiat employee against supporting or contrib-, uting to labor organisetions when ‘they # | fafled to accept employee's offer te é6- nate amount of union dues to soareli- gious charity in return for waiver ef sa-% F fon security clause in collective bergaia- cipati “ ing agreement. Nottelson v. A.O. Smith : - Discrimination for making charges, testifying, assisting, oF partic petine: Corp., 19.C.Wis.1960, 4 ‘88 5 - im enforcement proceedings ~ ee Discharged employee established prima . ‘(a) It shall be an unlawful employment practice - an anaes facie case of uniawfu! discrimination by 3 5 i es . af hi , or a ican or 7 his former employer and union by show-2m _ to discriminate against any of his employees | t LEbGé-aiaiiexerueat ing that, an Seventh Day Adventist,: be ‘ployment, for an employment agency, or joint 4a traini hele sincere belief opposing a committee controlling apprenticeship or other training or retraining, . the cepacia tae oe mane largries < including on-the-job training programs, to discriminate against oe ane anta that such belief prevented him from) _ dividual, or for a labor organization to rari pee me complying with labo t's securt- oa i ip, because he. me . be rid Ssgading uulan cacaberahip member thereof _or applicant for sai peel ip ent practice by this and payment of dues, and that he.offered = posed any practice made an unlawful employmen” PB isted, or subchapter, or because he has made a charge, testified, She ine participated in"any manner in an investigation, proceeding, oF NeSr-. ing under this subchapter.:ay~-+-. .->7 2-< ee a se § 2000e-3.- Other unlawful employment practices s fon dues to nonreligious charity bat was - discharged from employment “due to “bis 3 refusal to comply with ‘security <: ment. ‘: Nottelson vy. “A.-O. >Smith -Corp. am D.C.Wis.1979, 481 F.Supp. 756, reconsider- 4 UT ATRE F pater g Sar rrery sooty wey to contribute sum equal to amount 6f ua 2 ie apiewe osasngiey 6 SS ote aTh yh het Mee ce : fotet - Printing or publication ef notices or advertise Tom To oWhotEo 34 gosamlgipoai, ATT a 672. --—" Other empleyees affected . Union bad no duty to modify seslority Fules with respect to ‘shift “preferemes -Pprovisions of collective bargaining agre®- 2 ment in ‘order to “permit “employee 7 work day shift and thereby observe his religion’s Sabbath, :such.a modification 3 would have been in.:derogation ‘ef -ee 3 tractual rights of other union members. Ty and union’s refusal to make such modifi 2-8 cation neither constituted discrimination -¥ 90 g TRU MATSE to print or publish or cause peer as eae 291 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO00005R000200020002-1 ! ‘Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 42 § 2000e-3 PUBLIC HEALTH & WELFARE Ch. 21 , Ranernt: : om relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any prefer- ence, limitation, specification, or discrimination, based on race, col- or, religion, sex, or national origin, except that such a notice or ad. vertisement may indicate a preference, limitation, specification, -or | discrimination based on religion, sex, or national origin when religion, : sex, or national origin is a bona fide occupational qualification for em- ployment. Pub.L. 88-352, Title VII, § 704, July 2, 1964, 78 Stat. 257; Pond 92-261, § 8(c), Mar. 24, 1972, 86 Stat. 109. OI, pees ere | Historical Note BA) Whe? ob wore 4972 Amendment. Subsec. (a). Pub.L. to, or employment in, any program es- > tee 2nd Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 92-261, § 8(c)(1), added provision making it an unlawful employment practice for a joint labor-management committee con- trolling apprenticeship or other training or retraining, including on-the-job train- ing programs, to discriminate against the specified individuala. Subsec. (b). Pub.L. 92-261, § 8(c¢)(2), added provisions making prohibitions ap- plicable to joint labor-management com- mittees controlling apprenticeship or oth- er training or retraining, including on- the-job training programs, and notices or advertisements of such joint labor-man- agement committees relating to admission tablished to provide APErea nD: or other training. Effective Date. Section effective one year after July 2, 1964, see section 716 of Pub.L. 88-352, set out as an Effective Date note under section 2000e of Loree title. Legislative History. For legislative history and purpose of Pub.L. 88-352, see 1964 U.S.Code Cong. and Adm.News, P. 2355. See, also, Pub.L. 92-261, 1972 U8. Code Cong. and Adm.News, p. 2137, °**" he Library ‘References Civil Rights €=9.10 to 9.14. Labor Relationa e7. _ CIS. Civil Rights " 59 et 2eq., 61, , : 68, 60, 71 to 73. oS Labor Melations =t 2et seq. * _ Notes of Decisions Generally 6 Admission of members to labor organiza- tlens 2% wo let 2 Seca: Advertisements Po x Blacklisting of employees $2 °° «~~ Charges with fommicsion; protected ac- ‘tivitles 12 Demotion of employees a Discharge ef employees -"' ~ Generally @ =.- 1- Constructive discharge 41. ~ Invalid greonds 44 ; Valid grounds 48 ©... ...: ~ Voluntary resignation 42 Claims without foundation, protected ae- : tivities 14 Bilcel be 4, Compensatien of empinrees: 35 ‘Construction 1 . Construction with sihar laws ¢+1Generally 2 . Re es ‘Federal laws 3 State laws 4 ~ ‘: Cangtcastive Par oe, ef atipleyece.- 4 Co-workers’ acts, pretected activities bb Defamation ef employees 46 - Defamation, protected activities 16 xe 292 : : Diseipline of anctaveca 20 Intent a ate : Tavalla grounds fer ilecharse of “pleyees 44 <2 - : - Sadieial remedies = saa ° er henna deed PUBLIC HEALTH & WELFARE harging the defendant's action. Womack v. Wo ly motivated C.A-Ark.1980, 619 F.2d 1292. hat he had = Because agricultural extension on, but WAS a oont was under no obligation to nee in the ‘2 another county after he was “roa ia past rec- of one county for racial reasons, soho” the majori- Guyent action of the state agricultural ¢ for miscon- tension service in firing the agent wi pt the piain- 44 geclined to work in another @ record W88 ns in retaliation for hia having assert fon taken in nig right to work free of employs inatory DOF aiscrimination even thongh the dward [rod tnral extension service had requested ‘me county to raise the agent’s salary } had fought termination of county fasg’ under this ing. Wells v. Hutchinson, D.C.Text ck employee 499 F.Supp. 174. ; ee, who, in- i ; age against Evidence that plaintiff was stant super- from employment with city shortly after sia representa- employer learned of his protected acti to restricted ties under this subchapter, that city dig-m order, was Tegarded its established procedures ‘f race or his termination and in fact fabricated the r’s alleged reasons specified for discharge, that em: ristian v. ployee’s calling supervisor a liar o Mo.1972, 341 privately during heated debate initisted’s 1407. by the supervisor concerning employed's decision to engage in protected activity aay and that subordination was not advanced 7 contemporaneously as a reason for dis-3 was fired charge established that plaintiff was f this sub- wrongfully discharged in that his fillag 3 au to her of Commission charges was causally te¥ o her segre- lated thereto and that legitimate nondis-4 pay for an criminatory reasons for discharge sade male sales- vanced by employer were pretextual, that the pay Goodwin v. City of Pittsburgh, D.C.Ps am complaints 1979, 480 F.Supp. 627, affirmed 62 F.2d) ‘fon newspa- 1000. ; _ al per pplicants for FS » sex and by Even if original charge of racial ¢ nd base pay crimination in denial of s promotion was a in, and such without merit, if black faculty member inlawful em- was terminated because of her participe-, aubchapter, tion in filing a discrimination charge s discharged with the Commission, she was entitled te made un- relief under this subchapter. U. 8. strong Y. University of Maryland, D.C.Md.19%7 os p81, 647 F.2d F.Supp. 742. | Employee who had engaged in protect: ed activities when she filed charges ef} ent propecu- 3. discrimination with the Commisstos, reece ee and state agency and who later bronght canoe nigg i civil action to prosecute claim of sex die in bere crimination, as well as other administrs- yas- CIVIL RIGHTS + Suspension of employees ima day suspension of black railroad ty College of Philadelphia, D.C.Pa.1980, uployee was not hecause of racial dis- 484 F.Supp. 411. tion or in retaliation against the mpleyee for having filed a charge with Commission in September of 1967, as “pailroad official who investigated fepaia collision and assessed the suspen- ‘was not aware that plaintiff had ‘Qed a charge, as the company, if it had j “out to get” plaintiff because of the S@eharge would not have waited two and a’ xhelf years to do so, and as plaintiff's re- ‘Ratlation claim was not reasonably recon- we @Glable with the fact that a white em- ployee received a 15-day suspension in Peeanection with the same collision. Wil- 7 ‘bow v. Woodward Iron Co., D.C.Ala.1973, =} 982 F.Supp. 886. @. Defamation of employees -'Employer’s filing of defamation suit *ubstantive limitations of this subchap- *Zagaiast former employee based solely on ter. Hearn v. R. RB. Donnelley & Sons @mployee's having filed a sex discrimina- Co., D.C.I1.1978, 460 F.Supp. 546. we: tes charge against employer was imper- : Equal Employment 48. Sanctions against employers z= Opportunity Commission y. Virginia Car- ‘The filing of charge of discrimination etina Veneer Corp., D.C.Va.1980, 495 F. with the Commission is a Protected activ- = Rapp. 775. ible retaliation. (2) There is 42 § 2000e-4 FEvidence in action to recover damages munity college decided not to offer part- ‘fyem state employer supported determi- time employment in retaliation for the that employee was diamissed as caucasians’ actions in bringing “reverse m of having filed a sex and age dis- discrimination” action in connection with matnation complaint with the Commis- denial of full-time appointments; fact Fetem, Strong v. State, Mont.1979, 600 P.2d that underlying charge of racial discrimi- nage Be nation was decided in favor of the com- munity college was of no consequence to the retaliation claim. Cohen v. Communi- The fact that this section which pro- hibits employer retaliation against em- ployees who oppose discriminatory prac- tices does not protect strixes by union members in violation of an existing collective bargaining agreement does not affect the substantive right to be free from employment discrimination; an em- Ployee who belleves he has been discrimi- Rated against retains a number of effec- tive remedies, including filing charges with the Commission and utilizing exist- ing grievance and arbitration machinery to resolve his charges. King vy. Illinois Bell Tel. Co., D.C.101.1978, 478 F.Supp. 495. This section is an independent remedy and is not confined by procedural or ity and employers must be prevented from interfering with such activity through the use of economic or emotional 4 Remedial provisions of this section af- sanctions. Kinard v. National Supermar- ferded relief to caucasians whom com- kets, Inc., D.C.Ala.1978, 458 F.Supp. 106. Creation; composition; political representation; appuintmert; term; vacan- _@tes; Chairman and Vice Chairman; duties of Chairman; appointment of personnel; compensation of personnel hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be com- Posed of five members, not more than three of whom shal] be mem- J of the same political party. Members of the Commission shall ere ne tive proceedings, and complained eal : -be appointed by the President by and with the advice and consent of te basis for poiroweam! halen and = vine ae the Senate for a term of five years. Any individual chosen to fill a " antiages settlement of the civil setion and eae : avacancy shall be appointed only for the unexpired term of the mem- n of piain- Se! of the administrative proceedings whom he shall succeed, and all members of the Commission @ for dis. bout one month after said complalates t investi, made out a prima facie case of re re hese inde- tY discriminatory discharge. Hochstadt bs of or falsity - Worcester Foundation for Experime®- ¥ ry t sheritt tal Biology, Inc, D.C.Mass.1976, 425 ¥.3 youn for Supp. 318, affirmed 645 F.24 222. a : 806 | sub 1 continue to ified, except t Sess serve until their successors are appointed and hat no such member of the Commission shall con- e to serve (1) for more than sixty days when the Congress is in On unless a nomination to fill such vacancy shall have been mitted to the Senate, or (2) after the adjournment sine die of 307 % Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 42 §2000e-4 pusLic HEALTH & WELFARE Ch. 21 : the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of - - the Commission, and one member to serve as Vice Chairman. The ~”. Chairman shall be responsible on behalf of the Commission for the ~~ administrative operations of the Commission, and, except as pro- vided in subsection (b) of this section, shall appoint, in accordance ~ with the provisions of Title 5 governing appointments in the com- = petitive service, such officers, agents, attorneys, administrative law © judges, and employees as he deems necessary to assist it in the per- formance of its functions and to fix their compensation in accord- ance with the provisions of chapter 51 and subchapter III of chapter 53 of Title 5, relating to classification and General Schedule pay - rates: Provided, That assignment, removal, and compensation of ad- ministrative law judges shall be in accordance with sections 3106, 3344, 5872, and 7521 of Title 5. General Counsel; appointment; term; duties; representation by attorneys and Attorney General (b)(1) There shall be a General Counsel of the Commission ap- pointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counse! shall have responsibility for the conduct of litigation as provided in sections 2000e-5 and 2000e-6 of this title. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commis- sion on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified. (2) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court, provided that the Attorney General shall conduct all - litigation to which the Commission is a party in the Supreme Court pursuant to this subchapter. Exereise ef powers during vacancy; quorum (c) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum. é ae Ponannyy sieisen ie ie = dies 5 PEA eas RUF EEE ROT EP TERE CO CRORE Ty Seal; judicial notice (d) The Commission shall have an official seal which shal! be ju- dicially noticed. Reports to Gabaron and President | (e) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desire: ble. ee aye AP ERE Ne. + Ald irae abt ae) lyse 11 (Cah Hea NRE CRT OV Oe, Ne ee a ee nama tetihmemnall mdemcadal 308 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 of the Commission, and, except “as ‘pres this section, shall appoint, in accordance) e & governing appointments in the ‘com prs, agents, attorneys, administrative e deems necessary to assist it in the p y years. The General Counsel shall hay uct of litigation as provided in sections s title. The General Counsel shall have; ommission may prescribe or as maybe. oncur with the Chairman of the Commig- nmission on the effective date of this Act, tion and perform the functions specified cessor is appointed and qualified. “* "2am under this section may, at the direction for and represent the Commission in any t amission shall not impair the right of the i) hall constitute a quorum. -~ Le, wetae RST Pe Congress and President ios in which such nomination was submitte®! nember to serve as Vice Chairman. chapter 51 and subchapter ITI of chapterms classification and General Schedule -pay, ynment, removal, and compensation of saa all be in accordance with sections 31085 b. a wey ye and Attorney General General Counsel of the Commission mission is a party in the Supreme Court # ers during vacaney; quorum ' CIVIL RIGHTS 42 § 2000e-4 Principal and other offices ) The principal office of the Commission shall be in or near the Pristrict of Columbia, but it may meet or exercise any or all its ae h*-"st any other place. The Commission may establish such regiona aA “State offices as it deems necessary to accomplish the purpose of sts subchapter. ue te one member to serve as Chairman*s¥; x bas ble on behalf of the Commission forth z _ Powers of Commission : g) The Commission shall have power— -(1) to cooperate with and, with their consent, utilize region- =" al, State, local, and other agencies, both public and private, and fwe.s:individuals; _ ae: ee es ke oe (2) to pay to witnesses whose depositions are taken or who is «are summoned before the Commission or any of its agents the t same witness and mileage fees as are paid to witnesses in the 4; courts of the United States; my take? Se : : (8) to furnish to persons subject to this subchapter such technical assistance as they may request to further their com- . pliance with this subchapter or an order issued thereunder; - (4) upon the request of (i) any employer, whose employees = or some of them, or (ii) any labor organization, whose members + or some of them, refuse or threaten to refuse to cooperate in ef- ., fectuating the provisions of this subchapter, to assist in such Mt effectuation by conciliation or such other remedial action as is wil _ provided by this subchapter; Boe OP gee Ose * (5) to make such technical studies as are appropriate to ef- * fectuate the purposes and policies’ of this subchapter and we : make the results of such studies available to the public; .-. 2+ + (6) to intervene in a civil action brought “under section 2000e-5 of this title by an aggrieved party against a respondent other than a government, governmental agency or political sub- WASIOD. 2b si pe eee Me a 2 -. nd to fix their compensation in accords and with the advice and consent of the: supervision of regional attorneys. = the Attorney General shall conduct ‘all Ja. = a wt . peration with other departments and agencies in rt " -.+ .. :-ef educational or promotional activities --- =: qx-gresam ise all the powers -of the Commission, : . <A Site tenis sn a oe ERS esas *- Personnel aubject to political activity restrictions (iy 29005704" Pads * ee mee é . ee lee ra 2(a) (11), Mar. 27, 1978, 92 Stat. 188. oats cae 808 309 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OM0O0005R000200020002-1 - Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 ipar “a ‘The Commission shall, in any of its educational or promotion- 7 ) Judietai motice ©2780 2057" : = al activities, cooperate with other departments and agencies in Pe. 1 have an official seal whic! ‘ year, report es sion shall be subject to the provisions of. section 7324 of Title 5, not- - President concerning the action it has 3 3 su on. nets AFH s disbursed, ,It shall make such further § = Pub.L. 88-352, Title VIL, § 705(a)-(d), (£)-(j), July 2, 1964, 78 Stat means of eliminating discrimination and © OfO. Dat, urther legislation as may appear desira- ; assified in Part - Sanitized Copy Approved for Release 2012/11/02 : a oy : ; ‘vigaln ‘ A ed pein daatinsehsueti-ideh ttaslbnbve dined Oke, ° 1 eNews mended tere y * wo tok sah ees C3 a L Lo R41 Goeth als te ' : ei ie D Note 1! 11. Memorandum of understanding Fact that pursuant to memorandum of understanding for sharing of information between Commission and Department of Labor's Office of Federal Contract Com- pliance Programs complaints filed with the Office are to be deemed charges filed with Commission, such does not mean that the Office relinquishes authority over such cases. Emerson Elec. Co. y. Schlesinger, C.A.Mo.1979, 609 F.2d 808, 12 Actions against Commission Reinstatement claim of discharged member of Commission was within juris- diction of grant of this section in view of fact that member relied upon statu- tory provisions setting forth term of of- fice of members of the Commission and in view of fact that member was bring- ing action against officers of the United States. Lewis v. Carter, D.C.D.C.1877, 436 F.Supp. 958, District court was without jurisdiction of suit brought against the Commission and one of its agents by labor union lo- cal and its business manager, seeking Fevocation of subpoena duces tecum; Plaintiffs had no remedy but to wait for the Commission to file suit againat them, should it choose to do so, to enforce the subpoena. Foreman v. Thalmayer, D.C Tex.1975, 393 F.Supp. 1396. § 2000e-5. 42 §2000e-4 pustiic HEALTH & WELFARE Ch. 21 18, Disclosure Government contractor's affirmative ac- tion programs and related information required to he furnished the contracting agency were not protected from disclo- sure to Commission by a qualified privi- lege for self-evaluative documents since such reports were not prepared solely for internal use or even for external use of only the Defense Supply Agency and Of- fice of Federai Contract Compliance Pro- grams, which had agreed to exchange in- formation with Commission concerning employers’ compliance with antidiscrimi- nation laws; applicable regulation put contractor on notice that required reports alxo would be used for administration of this subchapter enforcement of which is vested in Commission. Reynolds Metals Co. v. Rumsfeld, C.A.Va.l977, 564 F.2d 663, certiorari denied 98 S.Ct. 1646, 435 U.S. 995, 56 L.Ed.2d 84. 14, Injunction In action In which former member of Commission sought reinstatement, former member failed to sufficiently demonstrate that Commission had necessary legislative or judicial functions to be immune from President’s removal power, and therefore probability of success on the merits was not so certain as to render less important the remaining factors to be considered on motion for preliminary injunction. Lew- is v. Carter, D.C.D.C.1977, 436 F.Supp. 958. Enforcement provisions Power of Commission to prevent unlawful employment practices (a) The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title. Charges by persona aggrieved er member of Commission ef unlawful em- ployment practices by employers, etc.; fillings allegutiens; notice to respondent; contents of aotice; Investigation by Commissions contents ef charges; prohibition on disclosure of charges; determination ef rea- sonable exuses conference, conciliation, and persuasion fer elimination of uniawful practices; prohibition on disclosure of Informal endeavors te end anliawful practices; use of evidence ia subsequent preceedings} pen- alties for disclosure of Information; time for determination of reasonable (b) Whenever a charge is filed by or on behalf of a person claim- ing to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circum- stances of the alleged unlawful employment practice) on such em- 320 eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 ve BE Dediessitied in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 CIVIL RIGHTS 42 §2000e-5 : yer, employment agency, labor organization, or joint labor-man- agement committee (hereinafter referred to as the “respondent”) Mgithin ten days, and shall make an investigation thereof. Charges shall be in writing under oath or affirmation and shall contain lege for self-evaluative documents _sinegl /---h information and be in such form as the Commission requires. such reports were not prepared solely. egy charges shall not be made public by the Commission. If the Com- only the ‘Defense Bupply hens 30 = Mission determines after such investigation that there is not reason- seit ee nae Met sble cause to believe that the charge : true, . a lets fea easy 3 : eben. mtcharce and promptly notify the person ¢ aiming e aggrieve sanlevect ee siaees wits wadaiee 4 tes sesponident of its action. In determining whether reasonable nation laws: applicable regulation = use exists, the Commission shall accord substantial weight to fi- etal would wera seagate 2 findings and orders made by State or local authorities in pro- this Pg rslger as enforcement of which? oe seedings commenced under State or local law DE ee re- igs eminisslos- ernolis Meee airements of subsections (c) and (d) of this sec ion. e Com- po eee dia oe Be saa ae Mission determines after such investigation that there is reasonable calc ane cause to believe that the charge is true, the Commission shall en- MGeavor to eliminate any such alleged unlawful employment practice informal methods of conference, conciliation, and persuasion. othing said or done during and as a part of such informal endeav- ors may be made public by the Commission, its officers or em- or used as evidence in a subsequent proceeding without the written consent of the persons , concerned. Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both. ‘The Commission shall make its determination on reasonable cause’ a8 promptly as possible and, so far as practicable, not later than one hundred and twenty days from the filing of the charge or, where ap- cable under subsection (c) or (d) of this section, from the date upon which the Commission is authorized to take action with re- spect to the charge. ~ eer tgs hate Age. Sa yes ag Sey ss leste x8 a tALTH & WELFARE 3%. Dinaclosure " Government contractor's affirma’ tion program~ and related inform: required to be furnished the con agency were not protected from idiscleal sure to Commisaion by a qualified prh a Sere ot an ah A HPA TEI At aA A AEN NS SAA 4. Injunction tke ea In action in which former member ‘ef Commission sought reinstatement, former member failed to sufficiently demonstrate 4 | that Commission had necessary Jegislative 2 or judicial functions to be immune from, ' President’s removal power, and ‘om probability of success on the merits.wae : mot so certain as to render less important % the remaining factors to be considered on 3 motion for preliminary injunction. -- ° is v. Carter, D.C.D.C.1977, 436 F.Supp. 68.3 oF t walnwfui imcispaice: pract go rered, a3 hereinafter provided, “ve oT i ‘State or local enforcement proceedings; notification of State or ing in any unlawful employment “feet authority; time for filing charges with Commission} De-2 or 2000e-3 of this title. 22:40 . . ., Commencement ef proceedings (ec) In the ‘case of an alleged unlawful employment practice oc- mj ‘earring in a State, or political subdivision of a State, which has a ee | Ne: aber ef Commission of unlawful ees teeuioe R saean E State or local law prohibiting the unlawful employment practice al- sare of charges; determination of Tee- meleged and establishing or authorizing a State or local authority to ation, and persuasion fer élimisation a m disclosure of informal endeavers idence ian subsequent preceedings3 “p®®", ms time for determination of : pow baa 8 aad’ apatites 3A IS vel, ot. agg es SiR (LA SRLS by or on behalf of a person CA mber of the Commission, ae git yency, labor organization, sor .J0mm ntrolling ‘apprenticeship ‘or 7othet, on-the-job training programs, bas ent practice, the Commission ‘shall luding the date, place and circum ¢@ employment practice) on such es 3 20 R*grant or seck relief from such practice or to institute criminal pro- Petedings with respect thereto upon receiving notice thereof, no ; eharge may be filed under subsection (b) of this section by the per- | 80n aggrieved before the expiration of sixty days after proceedings ve been commenced under the State or local law, unless such pro- “ef a written and signed statement of the facts upon which the pro- ‘teeding is based, the proceeding shall be deemed to have been com- $21 a m@ Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 7 i 42 §2000e-5 pupiic HEALTH & WELFARE Ch. 21 menced for the purposes of this subsection at the time such state. ment is sent by reepared mail to the Bpproptiate State or lees! aur, thority. : i , State or local ‘entorecuient secencsinexi notification of State or lecal authority; time for action on charges by Commission ~ ~ 15) (d) In the case of any charge ‘filed by a member of the Commis. a sion alleging an unlawful employment practice occurring ina State or political subdivision of a State which has a State or local law 3 prohibiting the practice alleged and establishing or authorizing’ ae ne State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receivin, notice thereof, the Commission shall, before taking any action with = respect to such charge, notify the appropriate State or local offi- ; cials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be ex- tended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or. local law to remedy the practice alleged. Time for filing charges; ‘time for service of notice of charge | en respondent; filing of charge by Commission with © oan * State er local agency ee A charge under this ‘section shall be filed within one huhdréd. and eighty days after the alleged ‘unlawful employment practice’ oc curred and notice of the charge ‘(including ‘the ‘date, “place _and ci cumstances of the alleged unlawful employment: practice) shall be served upon the person against whom such charge is made within a ten days thereafter, except that ina case of an unlawful employ: ment practice with respect to which the person aggrieved has ini tially instituted proceedings with a State or. Jocal agency with au thority to grant or seek relief from such - ‘practice or to institute criminal proceedings with respect thereto upon receiving notice 3 thereof, such charge shall be filed by or on behalf of the person ag- grieved within three hundred days after the alleged unlawful.em ' ployment practice occurred, or within thirty days after receiving n tice that the State or local agency has terminated ‘the - ‘proceeding: under the State or local: law,“ whichever is earlier, “and @ ’ ‘copy. xs) ‘such charge shall be filed saad ‘the Commission with the State or local seeped isiietes 2a Tt Ds wei STATA TS episodes. e909 ¥eSrey1ess “hao Reet Tesisg vn Wwele te govetigze exl ovoisd betsrrgzsa sa Civil action x: Commission, ‘Attorney ‘General, er person ‘saarieved)“precon- 7e¢-@itions; - procedures ‘appointment: of attorney; payment. of fees, costs, or security; intervention; stay of Federal proceedingn; ‘action for _BPpro- priate ‘temporary * ‘or preliminary *rellef ‘pending *final ' ‘Gispeaition “ef - - @harges ‘jurisdiction ‘and veaue of United States courts; * “denignation ‘of _ judge to hear and determine ense; ;aasignment ef case er bearings , expedition of set ‘appointment of f master s 4 w Mage aw tani scenic grec sisd -(f£) (1) If within thirty ‘days after a charge is filed with the Com- “3 mission or within thirty days after expiration of any yeenoe of ref- 822 2 ~ Me yy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 ® Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 CIVIL RIGHTS 42 § 2000e-5 ence under subsection (c) or (d) of this section, the Commission = been urable to secure from the respondent a conciliation agree- ent accep-able to the Commission, the Commission may bring & Ag vil action against any respondent not a government, governmental ency, or political subdivision named in the charge. In the case of respondent which is a government, governmental agency, or politi- subdivision, if the Commission has been unable to secure from iliation agreement acceptable to the Commis- 3ALTH & WELFARE ubsection at the time su the appropriate State or local one am ae ert stabi pe ON ly Th LAER APOC . om charges by Commission $6 x iled by a member of the Commig ha oat pe P Eeeuce occurring ina a pete ug emai ee shall take no further action and shall refer the ae oe i ‘State or local tam Eiease to the Attorney General who may bring a civil action against d seme pad or authorizing @) uch respondent in the appropriate United States district court. pee nee fribinireaira as e person or persons aggrieved shall have the right to eae e es connate fies antes ‘¢ivil action brought by the Commission or the Attorney as : : , g any. action (Wity ‘ease involving a government, governmental agency, or politica Basics aay oe local off , ubdivision. If a charge filed with the Commission pursuant to g brane nme, But not bee ubsection (b) of this section is dismissed by the Commission, or if 2 ast eAy period shall be ce thin one hundred and eighty days from the filing of such charge a paras ee sree year ea or the expiration of any period of reference under subsection (c) or local law), unless a shorter period, Meme: (d) of this section, whichever is later, the Commission has not filed as ee Jaw to remedy J3y civil action under this section or the Attorney General has not e % : iled a civil action in a case involving a government, governmental gency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a “party, the Commission, or the Attorney General in a case involving government, governmental agency, or political subdivision, shall #0 notify the person aggrieved and within ninety days after. the giv- ing of such notice a civil action may be brought against the respon- w-dent named in the charge (A): by the person claiming to be ag- E*srieved or (B) if such charge was filed by a member of the Commis- sion, by any person whom the charge alleges was aggrieved by the leged unlawful employment practice. Upon ‘application by the @ complainant and in such circumstances as the court may deem just, Bsthe court may appoint an attorney for such complainant and may B authorize the commencement of the action without. the payment of fees, costs, or security. Upon timely application, the court may, in ts discretion, permit the Commission, or the Attorney General in a _ ease involving a government, governmental agency, Or political sub- a B-. division, to intervene in such civil action upon certification that the BE case is of general public importance. Upon request, the court may, © qin its discretion, stay further proceedings for not more than sixty je. paepesteyteroesapsanur-sp enn ap rInUy Ue? stg) Y TURP =Ose SSI DET nO US gene apEDeuinaind weg ke Ea fer service Si ectice or charge cate harge by Commission with mee enl agency 9 4S DUUTE shall be filed within one hund unlawful employment practice ¢ (including the ‘date, “place ‘and @ ful employment practice) shall pe whom such charge is made ‘withisy in a case of an ‘unlawful employs ich the person aggrieved has ial a State or local agency with a rom such ‘practice or-to institateg et thereto “upon -receiving noticed i by or on behalf of.the person = after the’alleged unlawful em, hin thirty days after receiving fee _ Nee mam ry has terminated the proceedings; nichever is earlier, “aid & “copy Commission with the State or-loc er La tek ~eomuebotmied Gaxt Mrusimme edd exoled beavers ‘General, ‘er ‘peradii agurieveds"preew ae ‘ Dae rer az oe sd ead 6h ayment of fer sot =(2) ‘Whenever.a charge is filed with the Commission and the P reltet oa at gispeattion = Commission - concludes on the basis of a preliminary investigation f Unites States courts; ‘desl be: that prompt judicial action is necessary to carry out the purposes of | seatgament, st See". «this Act, the Commission, or the Attorney General in a case involv- asia jing a government, governmental agency, or political subdivision, “May bring an action for appropriate temporary OF preliminary relief 823 the Commission to obtain voluntary compliance: 7 ‘7- <# a woe - Bricribed in subsection (c) or (4).of this section or further efforis ¥ er a charge is filed with the Com pr expiration of any period of ref 3 22 By ste Declassified in Part - Sanitized Copy Approved for Release 2012/1 1/02 : CIA-RDP90M00005R000200020002-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 Chae veda, 42 §2000e-5 pupiic HEALTH & WELFARE Ch. 21 pending final disposition of such charge. Any temporary restrain- ing order or other order granting preliminary or temporary relief shall be issued in accordance with rule 65 of the Federal Rules of Civil Procedure. Jt shal] be the duty of a court having jurisdiction over proceedings under this section to assign cases for hearing at the earliest practicable date and to cause such cases tobe in every way expedited. (3) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respon- dent is not found within any such district, such an action may be brought within the judicia) district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of Title 28, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought. (4) It shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and deter- ee mine the case. In the event that no judge in the district is availa- 7 ble to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify ‘this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit inees of the circuit to hear and determine the case. (5) It shall be the duty of the judge designated pursumats to this 3 subsection to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. If such 3% judge has not scheduled the case for trial within one hundred and twenty days after issue has been joined, that judge may appoint a master pursuant to rule 53 of the Federal Rules of Civil Procedure. sph ade é abe eth thees 9eg7 Mth ZTE Eo ey oF jn HR ORL it nh and NO Pn carers i . : bth , " Ppa wen ae ii i neh A ¥ on sordid, tt as. at 06k FelbadL indi tehsil bad eres brian Areas A AACE 5 ghatrd ah at yesh hy, ry Pera Weg 2 nee tpleaniet Toros eee tet pte iat 0 ern a ee . Injunctions; appropriate affirmative action; equitable relief; accrual ef back pays reduction ef back pay; lMmitatiens en judicial orders ; (g) If the court finds that the respondent has intentionally en- @ i gaged in or is intentionally engaging in an unlawful employment { practice charged in the complaint, the court may enjoin the respon-. { : dent from engaging in such unlawful employment practice, and or- : i der such affirmative action as may be appropriate, which may in- ‘} ie clude, but is not limited to, reinstatement or hiring of employees, 4 with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for 824 A eer A SEY OMIM Foe em PLE Ie Alphonse ‘ vba rebate AMOR Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 HEALTH & WELFARE (hina cn. 2 - CIVIL RIGHTS 42 §2000e-5 de grin Any temporary restrain ay the unlawful employment practice), or any other equitable relief as ting preliminary or temporary relief gam a ehe court deems appropriate. -Back pay liability shall not accrue vith rule 65 of the Federal Rules af aay om a date more than two years prior to the filing of a charge with duty of a court having jurisdiction a e Commission. Interim earnings or emounts earnable with rea- Eeablet alee hearing aj nable diligence by the person or persons discriminated against to cause such cases tobe in everyy me shall operate to reduce the back pay otherwise allowable. No order a fee of the court shall require the admission or reinstatement of an indi- ‘dual as a member of a union, or the hiring, reinstatement, or pro- tion of an individual as an employee, or the payment to him of ny back pay, if such individual was refused admission, suspended, r expelled, or was refused employment or advancement or was SUS- nded or discharged for any reason other than discrimination on ccount of race, color, religion, sex, or national origin or in viola- on of section 2000e-3(a) of thistitle. © “9-0: ee ,urisdiction of the United States] brought under this subchapter4 any judicial district in the State #NaM practice is alleged to have been Sa ‘n which the employment records Same tained and administered, or in the # ‘rieved person would have worked % --yment practice, but if the respon- Sama a district, such an action may be Sam t in which the respondent has his sam sections 1404 and 1406 of Title 28, respondent has his principal office # : district in which the action might % * wae Provistons of sections 101 to 115 of Title 29 not applicable to ; civil actions for prevention ef unlawful practices : al eh) The provisions of sections 101 to 115 of Title 29 shal] not ap- ply with respect to civil actions brought under this section. ae ‘es - , Proceedings by Commission to compel compliance with judicial orders &. (i) In any case in which an employer, employment agency, or la- ‘bor organization fails to comply with an order of a court issued in a civil action brought under this section, the Commission “may com- ence proceedings to compel compliance with such order. . .: .--.:: ae chief judge of the district (or in # udge) in which the case is pending # ‘2 in such district to hear and deter-g no judge in the district is availa-% se, the chief judge of the district, : ase may be, shall certify this fact § c in his absence, the acting chief § . district or circuit judge of the % SEA Ne Fae es a vat re ene es LT Appema 2 Gi) Any civil action brought under this r proceed ings brought under subsection (i) of this section shall be subject to :4ppeal as provided in sections 1291 and 1292, Title 28. _.. udge designated pursuant to this 2 searing at the earliest practicable @ in every way expedited. <If such 3 + for trial within one hundred and ¥ :a joined, that judge may appoint @ oe Federal Rules of Civil Procedure. | Saw RQU AR CWS aloes fo ages aigisae Poe aes apres ‘ Attorney's fee; Uability of Commission ad United States for coats a ‘sc; (k)- In any action or proceeding under this subchapter the court, ‘in ‘its discretion, may allow “the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee as part 64, 78 Stat. 259;~Pub.L. eae See a eT rage Sie et Ge otee, Bee aan bes ers ve actions equitable relief; neeraal eee oe pays limitations om judicial erders ass 972, 86 Stat. 104. ° * . srheleig~- the respondent has intentionally en-g igaging in ‘an’ unlawful employment 9 int, ‘the court may enjoin the respo! Jawful employment practice, and oF- may -be appropriate, which may in-® instatement or hiring of employees, 3 yable by the employer, employment = as the case may be, responsible for 4 @a the Civil Rights Act of 1964, which is in Title 28, Judiciary and Judicial Proce- eiasaified principally to subchapters Il to { dure.tid.;tem2nenes: Heiathens act - of this chapter. (section 2000a et weq.). 0 “fastix-Sseeee FL For complete classification of this Act to ‘Sectlonw 111 ‘and ’112,included within : Code, see Short Title note set out un- the reference to sections 101 to 115 of Ti- Ger section 2000a of thie title and Tables tile 29, referred to in subsec. (h), are sec- ' Volume, Aree Cone. tions 11 and 32 of Act Mar. 23, 1932, c. 90, 825 er Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO0005R000200020002-1 meena thie ca IF CU Ai eR aviation 4 yrs Penrose Carat Nae onal dba Bd ciel cea ve atte 1 newman pepe nS Sea Te TT Declassified in Part - Sanitized rCOpy Roprovedf a Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 47 Stat. 72, and were repealed by Act June 25, 1948, c. 645, $ 21, 62 Stat. 842. The provisions of section 111 are now covered by section 3692 of Title 18, Crimes and Crimina! Procedure, and the provisions of section 112 are now covered by rule 42, Federal Rules of Criminal Procedure, Title 18. Codification. Subsection (b) of this section, referred to in subsec. (c), was in the original a reference to subsection (a) of this section, and has been editorially changed to subsection (b) of this section to conform to the redesignation of subsection (a) by Pub.L. 92-261. 1972 Amendment. Subsec. (a). 92-261, § 4(a), added subsec. (a). subsec. amended. Subsec. (b). Pub.L. 92-261, § 4(a), re- designated former subsec. (a) as (b) and, as so redesignated, modified the proce- dure for the filing and consideration of charges by the Commission, subjected to coverage unlawful employment practices of joint labor-management committees controlling apprenticeship or other train- ing or retraining, including on-the-job training programs, required the Commis- sion to accord substantial weight to final findings and orders made by State or lo- cal authorities In proceedings commenced under State or local law in its determina- tion of reasonable cause, and added the provision setting forth the time period, after charges have been filed, allowed to the Commission to determine reasonable cause, Former aubsec, (b) was redesig- nated (c). : Subsec. (c). Pub.L. 92-261, § 4(a), re- designated former saubsec. (b) an (c). Former subsec. (c) was redesignated (da). Subsec. (d). Pub.L. 92-261, § 4(a), re- designated former subsec. (c) as (d). Former snbsec. (4) was redesignated (e). Subsec. (ce). Pub.L. 92-261, § 4(a), re- designated former subsec. (da) as (e) and, as so redesignated, extended from ninety to one hundred and eighty days after the occurrence of the alleged unlawful em- Ployment practice the time for filing echsrges under this section and from two hundred and ten to three hundred days the time for filing such charges where the perzon aggrieved initially instituted proceedings with a State or local agency, and added the requirement that notice of Pub.L. Former (a) war redesignated (b) and ria ae : - ‘Library References Civil Rights €=231 et seq. 826 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 42 §2000e-5 pusiic HEALTH & WELFARE Ch. 21 “1964 U.S.Code Cong. and Adm.News, Pp. the charge be served on the respondent — within ten days after filing. Former xnbaec. (e) was redesignated (f) (1). Subsec. (f). Pub.L. 92-261, § 4(a),- re- designated former subsec. (e) as par. (1) and, an so redesignated, substituted pro- visions setting forth the procedure for civil actions where the Commission wan a ae upable to secure from the respondents a : concillation agreement to prevent further unlawful employment practices for provi- sions setting forth the procedure for civil actions where the Commission was unable to obtain voluntary compliance with this subchapter and added provisions setting forth the procedure for civil action where the respondent is a government, govern- mental agency, or political subdivision and the Commission could not secure @ conciliation agreement, added par. (2), redesignated former subsec. (f) as par. (3), and, as so redesignated, substituted “aggrieved person” for “plaintiff", and added pars. (4) and (5). 2 Subsec. (g). Pub.L. 92-261, § 4(a), add- ed provisions which authorized the court to order affirmative action not limited solely to the enumerated affirmative acts and such other equitable relief as deemed appropriate, and provisions which set forth the accrual date for back pay. Subsec. (1). Pub.L. 92-261, § 4(b)(1), substituted “this section” for “subsection (e) of this section”. " Subsec. (J). Pub.L. 92-261, § 4(b)(2), substituted “this section” for Su pneccion (e) of this nection”. Effective Date of 1972 Anisniiment. Section 14 of Pub.L. 92-261 provided that: “The amendments made by this Act to section 706 of the Civil Rights Act of 1964 [this section] shall be applicable with respect to charges pending with the Commission on the date of enactment of this Act [Mar. 26, 1972] and mat charges filed thereafter.” . Effective ‘Date. Section effective one year after July 2, 1964, see section 716 of Pub.L. 88-352, set out as an Effective Date note ander section 2000 of this ti- tle. 3: Le bled, Legislative Histery. For leginiative history and purpove of Pub.L. 88-352, see 2355. See, also, Pub.L. 92-261, 1972 US. > Code Cane; and precedes Pp. 2187, t a C.3.8. Civit Rights §§ 178, 185. °°? Se CIVIL RIGHTS 42 §2000e-6 t him and other rari denied 99 S.Ct. 1020, 439 U.S. 1115, ployment and 59 1..Ed.2d 74. Where finding of district court that ig plaintiff in employment discrimination Re iyil rights class action for employ- action failed to establish prima facie case Aa, discrimination brought by black of employment discrimination was clearly c—toyecs, the 404-week limitation on the erroneous and where district court &p- ete red circling remedy had to be re- plied improper test in determining that seed gince the court made no findings plaintiff failed to establish prima facie period was sufficient to allow a . td be reversed and remand- nably diligent and capable employee ed to district court with directions to ‘ ce to pay SToOUD eight from most grant plaintiff pack pay, attorney fees, Matey level jobs in most departments; and costs in district court action and r, the court's time limitation had to plaintiff would be allowed costs as well Mie tong enough to allow reasonably aili- as reasonable attorney fees on appeal Fiat and capable class members a fair upon plaintiff's filing of appropriate affi- ined reasonable opportunity to reach their davit supporting and detailing time spent Begresent psy group level in the depart- upon appeal. Meyer v. Missouri State Bments from which blacks had traditional- Highway Commission, C.A.Mo.1977, 567 ety been excluded. Pettway V- American F.2d 804, certiorari denied 98 8.Ct. 1888, F(ast Iron Pipe Co., C.A.Ala.1978, 576 F.2d 435 U.S. 4013, 56 L-Ed.2d 395. 71ST, rehearing denied 581 F.2d 267, certio- : § 2000e -6. Civil actions by Attorney General Complaint (a) Whenever the Attorney General has reasonable cause to be- Br lieve that any person or group of persons is engaged in a pattern or E practice of resistance to the full enjoyment of any of the rights se- ured by this subchapter, and that the pattern or practice is of such nature and is intended to deny the full exercise of the rights here- a - y General may bring a civil action in the Ph peg 2 appropriate district court of the United States by filing with it a system ‘did ‘not requlrea : complaint (1) signed by him (or in his absence the Acting Attorney ern ppt goes : eel (2) setting forth facts pertaining to such pattern or prac- ployees who suffered “7 = ce, and (3) requesting such relief, including an application for a eee rir ae s gions au xi “permanent or temporary injunction, restraining order or other order : pi SF ate me against the person or persons responsible for such pattern or prac- =- tice, as he deems necessary to insure the full enjoyment of the f.rights herein described. _ Ri Seat Si ae - wen gh OE TIS acpe ‘Jurisdictions three-judge Miatrict court for ‘cunen of general public tmpor- _ tances hearing, determination, expedition of action, review by Supreme Court; single-judze district court: hearing, aetermination, expedition of - action toe a Fo RE (b) The district courts of the United States shall have and shall , exercise jurisdiction of proceedings instituted pursuant to this sec- tion; and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be “convened to hear and determine the case. Such request by the At- oomph torney General shall be accompanied by a certificate that, in his about hiring precuets Sr Loker ee "opinion, the case is of general public importance. A copy of the Hons because employee complained ia) certificate and request for a three-judge court shall be immediately 54 — furnished by such clerk to the chief judge of the circuit (or in his - var © Declassified in Part - iti can - ie ; a art - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020 * 002-1 ia deb Basen oR. a tee A LTTE ES RN me Ms mm RNe ener AS as aati iaah Supreme Court. In the event the Attorney General fails to file Such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the dis. trict, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this sec- tion to assign the case for hearing at the earliest practicable date : and to cause the case to be in every way expedited. Transfer of functions, ete. to Commission; effective date; prerequisite te transfer; execation of funetions hy Commiasion (e) Effective two years after March 24, 1972, the functions of the Attorney General under this section shall be transferred to the Com- mission, together with such personnel, property, records, and unex- pended balances of appropriations, allocations, and other funds em- ployed, used, held, available, or to be made available in connection with such functions unless the President submits, and neither House of Congress vetoes, a reorganization plan pursuant to chapter 9 of Title 5, inconsistent with the provisions of this subsection. The Commission shall carry out such functions in accordance with subsections (d) and (e) of this section. Trapafer of functions, ete., net to affect suits commenced purguant te thls section prior to date of transfer ree (d) Upon the transfer of functions provided for in subsection (ec) of this section, in all suits commenced pursuant to this section prior to the date of such transfer, proceedings shall continue without abatement, all court orders and decrees shall remain in effect, and the Commission shall be substituted as a party for the United States of America, the Attorney General, or the Acting Attorney General, a8 approprriate, 866 0020002-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R00020 0020002-1 ql Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R00020 (e) £ thority discrim to be a tions st in secti Pub.L. 92-261, the duty of the eh ting chief judge); ate a judge inv eac vent that no Jue the case, the ¢ 3 the case may be," uit (or in“ his Ses gnate a district orcel heataliatce ners 5” ge designated p r ing at the earlie functions by Com March 24,°1972,-the : ion shall be transfer sonnel, property “y ns, allocations, and to be made available 494 e President “gabmits, ganization plan pu the provisions of this such functions in acet « to date of transfer 7 Tie tions provided for in sub - paced pursuant to this section m roceedings shall continue wees decrees shall remain ‘in eff i ted as a party for the United Bam l, or the Acting Attorney Geae B66 Se section 707 Functions ef the Atter- Declassified | - assified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIVIL RIGHTS 42 § 2000e-6 javestigation and action by Commission pursuant to filing of charge of discriminations procedure arch 24, 1972, the Commission shall have au- act on a charge of a pattern or practice of half of a person claiming “subsequent to M ty to investigate and er tmination, whether filed by or on be Re aggrieved = shall be conducted in accordance wi *setion 2000e-5 of this title. rm Agb.L. g8-352, Title VII, § 707, July 2, 1964, 78 Stat. 261; Pub.L. me-261, § 5, Mar. 24, 1972, 86 Stat. 107. or by a member of the Commission. All such ac- th the procedures set forth Historical Note : as ndment. Subsecs. ©) to (e). rred to the Attorney sed by him in ac- 3S b.L. 92~261 added subsecs. (c) to (e}. sistent with ee “$ttective Date. Section effective one : this subchapter, gear after July 2, 1964, see section 716 of General authorized b.L. 88-852, set out a5 an Eftective tion under this section to any officer or pints note under section 2000e of this ti employee of the Department of Juatice, _ Pian No. 1 of 1978, § 5. 43 FR. Any function 49807, 92 Stat. 3782, set out as a note un- Transfer of Functions. der section 2000e-4 of this title. the Equal Employment Opportunity . of ¥ Commission concerning initiation of liti- . a Legisistive History. For legislative MF gation with respect to Stale local BOT- pistory and purpose of Pub.L. 88-S52, ste ernment, or political aubdivisions under 1964 U.8.Code Cong. and Adm.News, P this section, and all necessary functions 9355, 8 . Yalad Pub.L 92-261 “W972 Us. telated thereto, including investigation. Goge Cong. and "adm News, p. 2137. © findings, notice and an opportunity to pesoive the matter without contested liti- -EXECUTIVE ORDER NO. 12068 1 aoe -June 30, 1978, 43 F.R. 28971 aie TRANSFER OF CERTAIN FUNCTIONS TO ATTORNEY GENEBAL °.. By virtue of the authority vested In me as a note under section 2000e-4 of this ti- as President of the United States by the tle] shall pecome effective on July 1, ceria ae and laws of the United 1978. tea, Including Section 9 of Reorganiza- aes tion Plan Number 1 of 1978 43 FR. i102, The func 19807) [set out as a note under section Lng of this title}, in order to clarity e Attorney General’s authority to initi- ate public sector litigation under section “l* title} shall, cons 707 707 of Title VII of the Civil of Title VII of the Civil Rights Act of 1964, ° 20p0e-6) [thi 4964, as amended {this section], be per- an amended (42 U.8.C. » f section}, it ts ordered as follows: ‘ _, formed in accordance with Department be Z Ie ee ea eetie hk Justice procedures heretofore followed ; mey Genersl. aa Lp geae weteibeteee ake. : 101. Section 5 of Reorganization Plan ‘amber 1 of 1978 (43 FRE 19807) {eet out Zo 0 j-t-se7 cl Library References -- --- 7. peaks bos tRs @J.S8.Civil Bights §§ 275, 178 _ Civil Rights @>13.18. i under Section 707. - - CIA-RDP90M00005R000200020002-1 OE meh mem eecem creme $2 #2000e-6 PUBLIC HEALTH & WELFARE fyote 22 pey Gfneral’s fonctions had been trans- werredito Commission so that his authori- Y tagbring the suit had ceased. U. 8. v. Stat of N. C., C.A.N.C.1978, 587 F.2d 625, Setiorari denied 99 S.Ct. 28°, 442 U.S. 900, 61 L.Ed.2d 274. 58. Remand : In suit under this subchapter, district Join present policies and practices wey were discriminatory or which, no matin how neutral in eppearance, perpetnas, effects of past discrimination and shoaig promptly formulate effective afi matte: injunctive relief to extent that At. Present effects of past discriminatiog, $1 4 8. by Clark v. Dillon Supply Co, g C.1970, 429 F'.2a 800. ees court on remand should immediately en- - § 2000e-7. Ettect on State laws Nothing in this subchapter shall be deemed to exempt or reliey, any person from any liability, duty, of any State or political subdivision of law which purports to require or per- would be an unlawful employment ¥ by any present or future law a State, other than any such mit the doing of any act which practice under this subchapter. “a penalty, or punishment Provided Pub.L. 88-352, Title VII, § 708, July 2, 1964, 78 Stat. 262. Historical Note Effective Date. 2, 1984, see section Civil Rights @€=2. States €>4.14. Notes of Decisions Rr erie: Generally 2 : es Mandamus 4 Poses : Parpose 1 Validity of particular state laws 3 1. Purpose males In enacting this sabchapter, Congress disclaimed any general Preemptive intent and Ark.Stats. § 81-601 requiring over- time pay to female employees who worked in excean of eight hours per day could be declared invalid only if it was iu ennflict with this subchapter. Hays v. Potlatch Forestx, Tne, C.A.Ark.1972, 465 F.2d 1081. Reniiste ty es * Neither this subchapter nor Fair Labor Standards Act of 1988, section 201 et seq. of Title 20, have preempted state regula- tion or imposition of state remedies for employment practice violations arising out of same circumstances. | Davis y. Jobs For Progress, Inc., D.C.Aris.1976, 427 F.Supp. 479. a Tei MAA gue = Library References 7 C.5.8. 198, Civil Rignes 4% 2, 4 et se, 17, “-C.S. States $24.0, Mee Thin section is intended to save those atate laws which aim at preventing em- ployment discrimination and not state 2-1 m Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R00020002000 found ae laws which purport to require what is an ~ unlawfs! employment practice under this - subchapter.. LeBlanc ry. Southern Bell ; Tel. & Tel. Co., D.C.La.1971, 333 F.Supp. 002, affirmed 460 F.2d 1228, certiorari de- 257. pace mah :'Congreas by Passage of thie nubcha. intended to supersede all provisions of “=< state law which require or permit doing of ap act which constituten unlawful en- ployment practice under this subchapter ot -which are inconsistent with any pur- pone | of this’, subchapter General Motors Corp. F.Supp. 1089, reversed 04 F.2d 9, 7” 2. TMP Dee ‘D.Onio 1971, "335 L‘on other _&rounds “ : a oir WEtsy Sash <aPurpose -of this -section -ix to . insure Prenervation of state lawn which paraliel this subchapter in prohibiting empioy- ment discrimination. . Local 246, Utility Workers Union of America, AFL-CIO y. 892 | a Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002 te, Ridinger “y¥.' ao es nied 93 8.Ct. 320, 400 U.S. 900, % LEa2d eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 aot. : HEALTH & WELFARE 2 avi ricuts 42 §2000e-7 oath aerd California Edison Co., D.C.Cal. Though federal court decisions under AZ A join present polictes ene 1262. this subchapter are not controlling in a : hs Oh Ok 4 OE AS TTD Soalichanbeienipnsn * ori- were dincriminatory ee gat i. v, how neutral ta ‘appearamd 3 opiais construing state’s acts against discrimi- s 25, effects of past orton $a ‘ subchapter was bot “intended tO J otion, such decisions are of persuasive ade U.S. Promptly formulate “ ~ or limit application of state pro- > ential value. McCabe ¥. Johnson i j | injunctive relief te ‘ex: Mice legislation. Weeks v. Southern He Her of County Com’rs, Kan-ApP. “Tha | present effects of past'@! Meye!. & Tel. Co. D.C.Ga1967, 277 F- i999 @15, P.2d 780 i , 8. by Clark v. Dilloa’ ye yf, affirmed in part, reversed in 9 : mit rict ©-1970, 429 F.24 goo, 5-3 oa other grounds 408 F.2d 228. } ee : 3. Validity ef particular state laws | | i a. : Sie ifying thet nothing in section specifying Michigan female protective statute pro- vides no defense to an action under this subchapter. ‘Kreitner Vv. Rendix Corp., subchapter shall be deemed to ex- : or relieve any person from any lia- amity, duty, penalty or punishment pro- by state law other than a law pur- D.C.Micb.1980, 501 F.Supp. 415. a . eo : ; ing to require or permit the doing of = ‘ymployer would be immune from lia- ° : Opti Say act which would be an unlawful em- pinity under this subchapter for pack pay ment practice under this subchapter or denial of rights of women to equal peas designed to preserve effectiveness of opportunity with men to’ earn overtime rotate antidiscrimination laws and was not pay during period that state statute lim- pJatended to preserve female protective ited working hours of women in manu- ; AD wa. Jones Metal Products Co. v. Walk- facturing or mechanical establishments, if ie, 1972, 281 N.E.2d 1, 29 Ohio 8t2d aig. employer made bona fide decision to comply with state atatute in reliance on . interpretation of Commission that atate : ‘2 [nis subchapter envisions coexistence protective laws regarding women were “ ef state and federal remedies when the unaffected by and constituted exceptions = two are compatible; while deferral to to federal law. Stryker v. Register Pub. ate authority is authorized by this sub- C0, D.C.Conn.1976, 423 F.Supp. 476. sae sae is certain employment discrim!- west's Ann.Cal_Labor Code, Hf 2872 nation cases, State’s generalized concern 4350, 1350 5, relating to maximum hours for prevention of torts and its provision and overtime pay for female employees, ef judicial remedies simply to thet end and California Industrial Welfare Com- warrants neither preliminary deferral BOF mission's order regulating employment displacement of this subchapter coverage. and compensation of women are in con- Bhehadeh v. Chesapeake and Potomac Tel. flict with thix section aud are therefore * Co. of Maryland, 1978, 505 F.2d 711, 193 invalid. Homemakers, Inc., of Los Ange- duty, penalty, or punishmen f any State or political subdige w which purports to requi h would be an unlawful Geese ia Bd Fg. Generally uly 2, 1964, 78 Stat. 262. +e "teere meses aeenst pt ly Legislative Histery. history and purpose of Pub,! er 1964 U.S.Code Cong. and Jé 2355. sam yt Rae ey. au - » to. y References hs C.3.8. Civil Rights 8.2 198, C.J.S. States § 24. +7 -gant U.S.App.D.C. 326. 3 les v. Division of Indus. Welfare, D.C. lee te en Gad ember Cal.1978, $56 F.Supp. 1111, affirmed 500 ewneal State protective statute does mot 54 29, certiorari denied 96 8.Ct- 809, #29. present a per: se exception to the pre- sumption that retroactive relief in the U.S. 1063, 46 LBd20 655.0 “form of back pay should be paid to vic- state regulation requiring rest breaks ‘fms of unlawful discrimination but 18 ® gor women was contrary to objectives of factor to weigh in the decision. Kreitner iyj5 xabchapter and was preempted by : : ng Corp. D.C.Mich.1980, 501 F. provisions of this gubcbapter by virtue of ~ wecthi nee - 18C-AConst. Art. 6 cl 2 Burns Y- . xube ; “Rentharal : ; act = Tel. & Tel. Co. D.C.La 1971 333 a ~ fmection 2000e-5 of this title giving ais- Bohr Corp, D.C.Cal.2972, 346 F.Supp. 904. 002, affirmed 460 F.2d 1228, : : trict courts jurisdiction over actions VAMS. $ 200.040 limiting ‘working nied 98 S.Ct. $20, 400 U.S. 900,'9¢ Lume drought by aggrieved persons alleging pourn of female employees in certain in- 257. Tes ne eee employment discrimination does not €8- duxtriex, Including transportation and ( tablish district court jurisdiction Over common carrier industries, to aine hours suits to deciare state statutes invalid UN- per day and 54 hours per week violated : der the preemption provision. Wigginess provisions of this subchapter. Vogel v. Inc. vy. Fruchtman, D.C.N.X.1970, 482 F- Trans World ‘airlines, D.C.3fo.1971, 346 = z eet : = pi ; This section in intended € state laws which alm at preves lawn which purport to req unlawful employment practice ated Vibe we Fe dt ee cher ee Saree. " intended to supersede all. ny state law which require of perm * nn of an act which constitutes ualawiall ae eee v. ployment. practice under thia sebesaaaal Supp. 681, afffirmed 628 F.2d IM ~~ F-Supp. ee ee ie 6 or which are inconsistent with 8%, - Although United States Supreme Court © To extent that B.C. §§ 4107.43, 4107.46 -; pone. of this “subchapter. “pice has construed federal antidiscrimination restricting and regulating employment of br General Stotora Corp. D.c.Onle, aeons : law es not reyuiring inclusion of preg- femaien in workshops and factories of F.Supp. (1089, reversed on_ other } maney-related disabilities in a disability state were in conflict with this subchap- . $74 F.2d 969. ne rapes e- plan, giving a contrary interpretation to ter, they conflicted with and were sU- © Purpose -of thin ~section ae = aimilar state statutes would sot require perseded by this subchapter and, by vir- g E the doing of any act which would be an tne of U.S.C.A.Const. Art. 6, el 2, were 1k prenervation of state lawa while: Ridin- : r. this subchapter in probibitiag | anlawful employment practice under fed- ‘void and of no force and ec Onl | S 6, ment mination. . Loca’ x. eral law. Massachusetts Elec. Co. ¥. Mas- ger Y. General Motors Corp. Warkicd thelen of Pes oe! sachusetts Commission Against Discrimi- 1971, 325 F.Supp. 080, reversed oD other ie 892 = nation, Mass.1978, 875 N.E2d 1192 = grounds 474 F.2d 049. east tt 893 f Se ete “eee D “oo . _ age 7 = - _ , eclassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 wadecnemmainth dts clam Nicnieabbcke ties casas’ 5 -‘Feguiating an incident of the retail sale ‘dustrial Welfare, 1968, 71 ‘ w Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 42 §2000e-7 pusiic HEALTH & WELFARE 43 P.S. §§ 103 et neq., 951 et seq., inso- ing and selling it, by making it a misde- far as they regulate hours of employment meanor to employ certain female bartend- of females, conflict with this subchapter ers falls within exclusive powers of and, under U.S.C.A.Const. Art. 6, cl. 2, states to regulate distribution and sale of this subchapter prevails; thus, failure to Mquor within their borders, insulated by = hire or promote fematex, to positions for U.8.C.A.Const. Amend. 21 from restric. which they are otherwise qualified, on tions of U.8.C.A.Connt. Art. 1, § 8 el. 2, basis of sex is a violation of this sub- and, therefore, cannot be invalidated by chapter, despite any provision of Penn- this subchapter, assuming a conflict with syivania law regulating houra of work of same. Krauss v. Sacramento Inn, D.C. women. Kober v. Westinghouse Elec, Cal.1970, $14 F.Supp. 171. 2 Corp., D.C.Pa.1971, 325 F.Supp. 467, af- firmed 480 F.2d 240. West's Ann.Labor Code, $3 1250-1253, limiting hours of work for women does West's Ann.Labor Code, § 1251, against not violate this subchapter if there is ra. “t" requesting or permitting any female em- tional basis dependent upon other factors = Ployee te Hft over 50 pounds is not valid than sex for treating women differently under section 2000e-2 of this title since than men. Mengelkoch y. Industrial Wel- sex was not a bona fide occupational fare Commission, D.C.Cal.1968, 284 F, - qualification for weight-lifting restriction Supp. 956, appeal dismissed 89 S.Ct. 0, within exception to that section’s general 9393 U.S. 83, 21 L.Ed.2d 215, rehearing de- prohibition against discrimination on the nied 89 S.Ct. 443, 393 U.S. 993, 21 L.Ed2d basis of sex, and such section 1251 waa 458, ‘ _ invalid under U.8.C.4.Const. Art, 6, cl. 2, Local 246, Utility Workers Union of | Enforcement of R.C. $$ 4107.42, 4107.43, America, AFL-CIO y. Southern California 4107.46, requiring employers to provide Edison Co., D.C.Cal.1970, 320 F.Supp. 1202, seats, lunchroom facilities and meal pert- ods for female employees and compelling Ark.Stats. § 81-801 forbidding hiring of employers to refuxe to employ a female at workman for particular Job or under cer- specified occupations or in excess of tain conditions cannot stand in face of ‘specified number of houra against an em- section 2000e-2 of this title providing that ployer engaged in industry affecting in- she must be hired for that job or in terstate commerce who employs 25 or those condition» if she is otherwise quali- more employees for each working day in fied and wants to do the work. Potlatch each of 20 or more calendar weeks is in- Forests, Inc. vy. Heys, D.C.Ark.1970, 318 consistent with principle of nondiscrimi- F.Supp. 1368, affirmed 465 F.2d 1081. nation contained in section 2000e-2 of this : 46 S.H.A. ch. 48, § 5-81, was repugnant to title; thus, R.C. §3 4107.42, 4107.43, 4107.. this vubchapter and void and of no force . 4f€ preempted by virtue of U.S.C.A.Const. and effect as to each of the plaintiff em- Art. 6 cl. 2, and implementing and penal- ployers where such section 5-81 required tY provisions of H.C. §§ 4107.48, 4107.49 each employer to discriminate against in- ®t of no further force and effect. Jones dividual employees with respect to com- Metal Products Co. v. Walker, 1972, 281 pensation, terms, conditions and privi- N-E.2d 1, 29 Ohio St.2d 173. ets era Jeges of employment because of their sex, j : : : % istorii it also oe baa ig iid to 4 Mandamus “To we te » @egregate an jassify em- Ployees 80 as to deprive such employees Pia leede Ms stip sis Or apegrahey of employment opportunities because of ° le He 10 ea ae stand--- their vex, and where, in addition such ae birt See ee hess ee female section 5-8.1 set unreasonably low stand- workers im interpretive and enforcement ardyx for employment of women. Cater- probiem for federsl agencies and not for tel eapilnnas Co. ¥. Grabiec, D-CNLO, court in damus action to compel en- EEE Seppe deel. sge= 7. forcement of orders of Industrial Welfare West's Ann.Bus. & Prof.Code, § 25656, Commission. Rivera y. Division of 1D. . of Nquor, Bamely, sex of person: ix- 265 C.A.2d 576. . ae g209" seeag dg 4 § 2000e-8. " Investigations © stern _ PUB Le Tab et a toate tiem and copying ef evidence related te unla % S aos ‘employment practices oy aed (a) In connection with any investigation of a charge filed under section 2000e-5 of this title, the Commission or its designated repre- 894 -_ iy Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO0Q005RO0002 Ch. 21 sentative poses of son beins employm: the char: Coopersti ment other burse “(b) T: charged laws anc carrying within t purpose, projects the serv standing ment su: sist the ance of written agreeme shall ret specifie. relieve < requirer scind ar ment nc subchar Executio. .., train - for. 10 @omy ic) E subject evant t. tices he for suc mission as reas« subchaj sion sh and joi which c tain su poses c plicant chrono 00020002-1 _— Declassitied in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 4 UC HEALTH & WELFARE nn | civ. RicHTs 42 § 2000e-8 reasonable times have access to, for the pur- ‘ and the right to copy any evidence of any per- i. being investigated or proceeded against that relates to unlawful Fe sployment practices covered by this subchapter and is relevant to ie charge under investigation. + inso- ing and sellin ee | hfe oyment meanor to employ cere te ae ers falls within pi ‘ - 2, states to reguiate vating! - lure to liquor within thete pair ma for U.S.C.A.Const. Amend "23 ed, on tions of U.8.CA.Comt aig x aut: and, therefore, cannot be nn- this subchapter, anyuming = soo oe of same. Krauss vy. & menses ec. Cal.1970, 81 > Bers cai 4 F.Supp. stats est’s Ann.Labor Coa limiting hours of work for Gainst not violate this subchapter ‘¢ em- Clonal basin dependent upou $iep valid than sex for treating womes ‘@ = Bri stive shall at all “os of examination, administering State fair empley- and contribution to research and payment in advance er reim- with State and local agencies ctices lawn; participation in Ppeperation sgaent pra: -oiher projects; utilization of services: , bursements agreements and reaciasion of agreements 2 ‘{b) The Commission may cooperate with State and local agencies | Feharged with the administration of State fair employment practices Pani — men. Mengelkoch v. Ing laws and, with the consent of such agencies, may, for the purpose of fetion: soe Spey Plat isa ae Pesrrying out its functions and duties under this subchapter and ‘eral 393 U.S. 83, 21 LEa2a sins @ ie within the limitation of funds appropriated specifically for such by ae =e 80 S.Ct. 443, 393 U8. 968, ' : purpose, engage in and contribute to the cost of research and other el. 2. : 2 me. projects of mutual interest undertaken by such agencies, and utilize ase a of | Enforcement of RC. §§ 4 m the services of such agencies and their employees, and, notwith- i. ey etiigy Biting employers .| "standing any other provision of law, pay by advance or reimburse- ee | ods for fale easnlavace bar pean: ment such agencies and their employees for services rendered to as- poe Spent £0 refuse to employ 8 femal sist the Commission in carrying out this subchapter. In further- 3 of specified gece aricin. ta. ance of such cooperative efforts, the Commission may enter into ein ¢ written agreements with such State or local agencies and such uall- apc pol rnh who empleyal agreements may include provisions under which the Commission h each of 20 a soe Cader, ies oe ' shall refrain from processing a charge in any cases or class of cases edie & specified in such agreements or under which the Commission shall that ployer engaged in industry effec 318 consistent with principle of ns in such State or locality from susie tithe’ isan ae rrp pomp ie E relieve any person or class of perso r Ie ‘orce SF preempted by virtue of U.8.C_AOuaEE &. requirements imposed under this section. The Commission shall re- em- Art. 6, cl. 2, and implementing and geal mx; scind any such agreement whenever it. determines that the agree- dred 'Y provisions of H.C. §§ 410748 Rie Z ment no longer serves the interest of effective enforcement of this or. ‘om. Metal Products Co. v. Walker,: 38% rivi- N.E.2d 1, 29 Obto S8t.2d 173, nex, : ; ee ere, ° 4 Mandamus ~ te “ Whether this subchapter or section 20m ¢ of Title 20, requires employers te ae male employees ‘up to minimes ee ards which state law fixes ‘fer’ ter- Workers is interpretive and eaf 970, problem for federal agenciex and court in mandamus action to ¢ are of no further force and effect. aaa0m = : e subchapter. - na of records; reports te Commissions riate relief from regulation er order tiem; judicial action te compe! a Execution, retention, and preservatioc: SS trainiag program records; sapprop for undue hardship; procedure fer exemp' : eompliance ‘(c) Every employer, subject to this subchapter shal employment agency, and labor organization 1 (1) make and keep such records rel- evant to the determinations of whether unlawful employment aleve tices have been or are being committed, (2) preserve ‘such records 156, Canaliden: Paiva : Tes — for such periods, and (3) make such reports therefrom as the Com- Pra se Caen 1908, 71 CaL® mission shall prescribe by regulation or order, after public hearing, oe Ts as reasonable, necessary, or appropriate for the enforcement of this ders subchapter or the regulations or orders thereunder. - The Commis- sion shall, by regulation, require each ‘employer, labor organization, ; ' and joint labor-management committee subject to this subchapter which controls an apprenticeship or other training program to main- tain such records as are reasonably necessary to carry out the pur- poses of this subchapter, including, but not limited to, a list of ap- plicants who wish to participate in such program, including the chronological order in which applications were received, and to fur- t 895 ‘eof evidence related te unlawful memt practices; —_. -- -;-. “Or ee | nvestigation of a charge filed undem, Commission or its designated repre-g 894 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 ERNE Rha, i oteahet aed eater ing insane nee oat sine ne ie stra 2 RRR EEL ere ened: 2s A ln ntetna S08, 80s A oe ten iF i: ah Shei tole Ll red A ST RD OL Aaa 42 §2000e-8 puptic HEALTH & WELFARE nish to the Commission upon request, a detailed description of the manner in which persons are selected to participate in the appren- -- ticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order. issued under this section would result in undue hardship may apply to the Commission for an exemption from the application of such’ regulation or order, and, if such application for an exemption is de- nied, bring a civil action in the United States district court for the district where such records are kept. If the Commission or the court, as the case may be, finds that the application of the regula- — tion or order to the employer, employment agency, or labor organiza- tion in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief. If any person required to comply with the provisions of this subsection fails or refuses to do so, the United States district court for the district in which such person is found, resides, or transacts busi- ness, shall, upon application of the Commission, or the Attorney General in a case involving a government, governmental agency or political subdivision, have jurisdiction to issue to such person an or- der requiring him to comply. ee : Consultation and coordination between Commission and imterested State and Federal ageneles in prescribing recordkeeping and reporting require- - ments; availability ef information furnished pursuant to recordkeeplug and reporting requirements; conditions on availability : 0 2 (d) In prescribing requirements pursuant to subsection (c) of this section, the Commission shall consult with other interested State and Federal agencies and shall endeavor to coordinate its re- quirements with those adopted by such agencies. The Commission shall furnish upon request and without cost to any State or local agency charged with the administration of a fair employment prac- tice law information obtained pursuant to subsection (c) of this sec- tion from any employer, employment agency, labor organization, or joint labor-management committee subject to the jurisdiction of such agency. Such information shall be furnished on condition that it not be made public by the recipient agency prior to the institution of a proceeding under State or local law involving such information. If this condition is violated by a recipient agency, the Commission may decline to honor subsequent requests pursuant to this subsec- tion. “TE aoa? oe s : ze see pagent Bot iO Mgr sic zy Deut hee Se Geis *: 4 ore “al cH cro? Prohibited disclosures; penalties ; sateafecun i (e) It shall be unlawful for any officer or employee of the Com-— —§ mission to make public in any manner whatever any information ob- tained by the Commission pursuant to its authority under this sec- tion prior to the institution of any proceeding under this subchapter involving such information.” Any officer or employee of the Com- mission who shall make public in any manner whatever any infor- mation in violation of this subsection shall be guilty of a misde- . 896 Ch. 21 2 ; ‘Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0M00005R000200020002-1 wee LSE: a “= Gegiee ze! _ ——- ew aluatlita aes <a Ch. 21 meanor an: $1,000, or i Pub.L. 88- 92-261, § 6 1972 Amenc 92-261 added Commission - to the cost 0: undertaken | and provisio: aion to make and local at for services and struck . agreements | State and lo vate civil act this title in s Subsec. (c “Except as | this section,’ employment tion subject required the to bring an only after tt. plication for provision w' sion, or the involving & a court orde the recordk: tions set out Subsec. (c provisions r ‘Civil Righ ee ‘Production omen Scart agen ae ae Availability Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 [ae request, a detailed selected to etaied desert in: the: rogram. Any. employer, 7% pr joint labor-managemen ration to it of any. ‘regulation ge me Id result i in undue hardship Yay e United States district co are kept. If the _Commissic ds that the application ’ ‘of the or ployment agency, or labor government, governmental n cota interested «x Wecerdkeeping and reporting’. fom furnished pursuant te ia on availability rg ge ents pursuant to subsection shall consult ‘with -other int by such agencies. -.The_ without cost to any State‘or istration of a fair employment} rsuant to subsection (c) of ent agency, labor organizatio ttee subject to the jurisdicti shall be furnished on conditioa ipient agency prior. t to ) the insti nsut local law involving “such inform mat a recipient agency, the Com ming nt requests purs ant to this st Sy ee = eae teen DOE <a ny officer | or employee of. thet Cont anner whatever any informatit ant to its authority under this pet: ny proceeding under this sub fPub sdiction to issue to auch person cnt 1 shall endeavor to coordinate fia sy 972 Amendment. Subsec. (b). Pub.L. F os-261 added provisions authorizing the Commission to engage in and contribute Sg» the cost of research and other projects e gadertaken by State and local agencies ‘gad provisions authorizing the Commis- F sien to make advance payments to State Pand local agencies and their employees for nervices rendered to the Commission, and struck out provisions relating to agreements between the Commission and State and local agencies prohibiting pri- wate civil actions under section 2000e-5 of this title in specified cases. Subsec. (c). Pub.L. 92-261 struck out “Except as provided in subsection (d) of ' this section,” preceding “every employer, employment agency, and labor organiza- tion subject to this subchapter shal! q)”, > sequired the party seeking an exemption to bring an action in the district court ealy after the Commission denied the ap- plication for the exemption, and added provision which authorized the Commis- sion, or the Attorney General in a case lavoiving a government, etc., to apply for a court order compelling compliance with the recordkeeping and reporting oniiaa: _ Cons set out in this subsection. oo **Subsec. (da). Pub. L. 92~261 substituted provisions i aaa consultation and co- CIVIL RIGHTS 42 § 2000e-8 ‘ ~ nor and upon conviction thereof, shall be fined not more than i ,000, or imprisoned not more than one year. b.L. 88-352, Title VII, § 709, July 2, 1964, 78 Stat. 262; Pub.L 92-261, § 6, Mar. 24, 1972, 86 Stat. 107. Historical Note ordination between “Federal and State agencies in prescribing recordkeeping and reporting requirements pursuant to subsec. (c) of this section, and authoriz- ing the Commission to furnish informa- tion obtained pursuant to subsec. (ce) of this section to interested State and Jocal agencies, for provisions exempting from recordkeeping snd reporting requirements employers, ete., required to keep records and make reports under State or local fair employment practice laws, except for the maintenance of notations by such em- ployers, etc., which reflect the differences in coverage or enforcement between State or local laws and the provisions of this subchapter, and dispensing with record- keeping and reporting requirements where the employer reports under some Executive Order prescribing fair employ- ment practices for Government oanee tors or subcontractors. ‘ Effective Date. Section effective July 2, 1961, see nection 716 of Pub.L. 88-352, get out as an Effective Date note under section 2000e of this titie 0... - Legisintive -History. . -For legislative history and purpose of Pub.L. 88-352, see 1964 U.S8.code Cong. and Adm.News, p. 2355. See,-aluo, Pub.L. 92-261, 1972 U.S. Code Cong. and Adm.News, p. 2137. --"'--- ‘Leary, References Civil Rights €%. Co west's Federal Forms Proceedings ‘to conipe! discovery, see § 3681 et seq. Production of documents, _Fequest, motion and oO Code ot F Federal Regulations acisaics of records, sec 29 CFR 1610.1 et seq., 1611.1 et neq. © 2 Recordkeeping and reporting requirements, see 2 CFR 1002.1 et as : Serra of me vloree: selection Procedures, 1 see 29 CFR 1607.1 et sec. go" AAT Sone Censtitutionality 1.00.00 7 cr y Censtruction 2 Haat Costs 13 : ae Defenses 9 oe Disclosure of information i¢ ay officer or employee of the Cami] in any manner whatever any im section shall be guilty of a mi 896 CIS twit Rights 8 180, “182, 183. sm Ul. yatataet pummel ao : Persons entitled te maintain ection » ‘3 = Persons within section Bett : Purpose 3 ~~ ~~ es Standing to sue 7 os Subpeenas, discovery and tnapection val 897 ” | A ! Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 mr 42 §2000e-9 C HEALTH & WEI Fr ae . ae ye ARE A “CIVIL RIGHTS 79, cldental Lite Ing. ad 7 " | Cal.1976, 635 Fea x se <e eonnection with investigation of ment Opportunity Com'n v. U. 8. Fidelity wre 2H7, 432 U8. 5," 83 Kean ave Darge of unlawful discrimination against & Guaranty Co., D.C.Md.1976, 414 F.Supp. ent Union was subject ; >a Dale faculty employees was not such as 227. jose ments with ject, fp a - Erexcuse compliance with subpoenas as Tespect te favessiikee Bjensome as 100g Aan information Te 4. Costs mno- ing to lial et Unlawful ‘emp este] was relevant and material. les. empl val umes ta aire ee on, Equal Employment ‘Os% Mapp. 1071. Eo bis ek ned sion v. MacMillan {ite : tne : Ct. Ine, CA.Ohio oy ms. Commission, in subpoena issued In sup- In its investignige=@ : of proceedings against employer on of sion is witicn . Tele, "thee ecployee's allexation of employment dis- to etmination through retaliatory refer- ines was entitled to require production ef documents concerning sex and race Faiecrimination; such information was relevant for purpose of showing whether M employer had f- party to disclose - we. ix- information conesining wy one) ty oe inetory ’ praction 78s _— “ e ne. v. "Equal Em FPO nto e Commission, CAN Mines ! : 7 = Oe an Under this subchapter, ths: See es has a right to obtain any ee Person being investigated Pry » E Qiscrimination charge. Equal Employ- any matter und : ee er fn = ihe Douglas Corp. y 1978, 465-F.Supp, 22. 8 “0 STaEs 12. ——g . ce ubpoenss +. 732. - For the purpose of all h h «=—s In. employment ‘sex dise: ae pa aT the Commission or its duly authorized a »- ceeding brought — by ‘ - court properly refused r- mission investigative sab "1 coplerer to produce {ts eport” where such ‘report in Commission's possession.’ y Ployment Opportunity ,-Coz é Packard Elec. Division, ‘Geners , COFD., C.A.Miss.1978, 660 F.24 315, y Reaxonable cause for ‘findia ee r of this nection need ‘not re ie : , E: "161 of Title 29 shall apply. > 3972 Amendment. Pub.L. 92-261 substi- tuted provisions making applicable sec- tion 161 of Title 29 to all hearings and investigations conducted by the Commis- . sion or its authorized agents or agencies, for provisions enumerating the investiga- - tory powers of the Commission and the procedure for their enforcement. oi Effective Date. Section effective July - 2, 1964, see section 716 of Pub.L. 88-852, before administrative” subpoena validly ixsued; rather, * such investigative aud : Jt ie. feos whether reasonable couse" to” Pes crimination charge ‘exists. “Raq Ployment Opportunity ** Chrysler Corp., C_a.Mo.18 Prohibition . > against. Searches and selzures , Rene te Const. Amend. 4, did ;aot :preciedeg forcement of commission subpes recting university to produce recert Papers, involving personal,” 5 : confidential matters, in ‘investigation aim charge of discrimination against abou aad tee ote as “Civil Righta @=36. ” Professor pursuant to > = 4 = : section prescribing “aiy "atticar ‘SPI ervice of process, see § 1201 ef sea. - 1 th and scope, demand “evidence 18 -~ 372,200" any information ‘obtained ia { tion, - Equal Employmest “Oppe acm v. University af New werque, ‘New -} CA Sot F24 1296. ees aere sale 1Y Od The cost to university of eae oo subpoena issued by the Cc = Sa Pa Pa Costs and fees 22 + Hee Pub.L. 88-852, Title VI, § 710, July 2, 1964, 78 92-261, § 7, Mar. 24, 1972, 86 Stat. Historical Note si. net out as an Effective Date note 1D "Library References er Eh as “Administrative subpoenas, enforcement of, see $ Contempt proceedings, see § 5651 et seq. for secess te. Defenses, enforcement proceedings nv. 901 Even though thix subchapter did not 109. as loyment ortunity v. Uni- fee er raburah, D.C-Pa.102, 4g1 F, explicitly provide for awarding of costs } : _ ‘when United States was prevailing party, {nasmuch an it did not prohibit such en award, court did not err in awarding costs to United States which auecessively sued atate to enforce compliance with statutes and regulations of Commission relating to filing reports furnishing race, : national origin, and sex of employees in . i various job categories. U. 8. v. State of ue N. H., C.A.N.H.1976, 539 F.2d 277, certio- practice of retaliating ‘pari denied 97 S.Ct. 641, 429 U.S. 1023, 50 i tyainst ay person who filed employment -L.Ed.2d €25. 3 § 2000e-9. | Conduct of hearings and investigations pursu- ant to section 161 of Title 29. —_ earings and investigations conducted by gents or agencies, section Stat. 264; Pub.L. Spee ey section 2000e of this title. Legislative History. history and purpose of Pub.L. 83-352, wee 1964 U.8.Code Cong. snd Adm.News, ‘p. 2355, See, also, Pub.L. 92-261, 1972 U.s. Code Cong. and Adm.News, p. 2137. ©.” por MIST dee af __ = Breadth and scope 13 ~ - —— oes i ahead tte 188. .-»- Power ef Commission te issue 12° _-21* Setting aside or medifying M -;: Departmental scope of investigat' Discovery, enforcement proceedings 18 * For legiulative ss Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO00005R000200020002-1 der wt Fe Con certiorari deat a a mation sought, there was A 1 ai Us. 950 eippent a ot i vindicate that demand for ac- court's daxial of Commission's demand yuiry, 0-5. $88, 37 LEd2d wa ys ees brought to harass, embarrass. thet employer, charged with racial dis- Rag OF eetan # Pvannee either employer or enforcement crimination in employment, produce cer- eee * Order : * and Commission’s action was not gin documents was not, defective because : e in < ly se 8. is- is- ay ty iP. di Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO0005R000200020002-1 U. that enforcement | Sys- Equal Emplo a 333 css Supp. sion, D.C.N. at reat . heaployer’s documentary evidence losure VeTsed in part on ethag prim - her- : ies Mine.1942, §§ 7411, 7412, "pa Em. formation thus obtained <a .C, Confidential and » ‘ae? ee Fa, for examination by Commission and ‘ oa wo or be opened to pebiee Tse! : 4 cepinher had not made case of irrepara- mission's request me bab apes aha = Provided penalties for "us injury if records were produced and was final judgmen Whee Leora Le sure. Fears v. Burris’ where six months had already. elapsed ternational Broth. oe legge Employ- Miss.1971, 436 F.2d 1357, 7 ; Pe siace filing of original charge and public cal Union ee Ene calheae ; coiae payin by Court’s order whi b ieach Efaterest wonld best be served bY cuten. ae wn Pod 28, certiorari denied 89 S. tra- ch require Fig immediate production, production 196%, B. 1021, 21 L.Ed.2d 565. for ployment information ‘ta 908 civ RicHTs ]}6 42 § 2000e-10 Cameron Iron Works, Inc. v. Equal Em- nS ., d for access ployment Opportunity Commission, D.C. Commission's demas Tex.1970, $20 F.Supp. 1191. ne eo ee eee i> abuse of procenn,’ og de effort to seek information, and eae sqbstantial controversy surrounded 24, Review firmed 468 P24 a by Commission from trial et cee ee rtenn ethno bt batman mien tiieecont seetarenemmmsaane ITY pfecnded, meritless, frivolous or Vexa- the » was taken from the memoran- = 7 browght attorneys’ fees were 6€- gum yates instead of the judgment -:U, 8. Steel Corp. v. U. 8. D.C.P8. where the provisions of the order incor- $85 F.Supp. 346. , porated In the opinion had the same de- <a gree of finality as provisions of the or- Bae. Stay of production pending (Spee) der. Joslin Dry Goods Co. v. Equal Em- Pwnere court was convinced that €M- nigyment Opportunity Commission, CA. ver could not prevail in any appeal oo)0.1973, 483 F.20 178. Se eae pe ee ext ore OT co ails ead Yistrict Court’s setting aside of Com- isle, doe ae alate: stat at, Maks test gilt ‘ a nn ced MIT Be Caaleediatad enamel . tsclose the contents 4¢ % ords, notwithstanding sissippi Employment See to supply Commission -t would not be stayed pending appeal. Ct. 628, 303 U. employees at plant where and which was limited ta Od and nonsupervisory 5 overly broad. Georgia Equal Employment Oppe sion, C.A.Ga.1960, 412 P.2a 462.7 Whether motion of Cou; der requiring compliance wit for access to evidence ts te depends upon the showing Meda district court by the Commis nite Transp. Co."v,Equal “3 Opportunity Commissi AG § 2000e-10. Posting of notices; penalties 3 . loyer, employment agency, and labor organiza on, ce at aay be ahell oat and keep posted in conspicuous places = upon its premises where notices to employees, applicants el el Eployment, and members are customarily posted a notice to be pre pared or approved by the Commission setting forth excerpts iy ummaries of, the pertinent provisions of this subchapter and infor- ~mation pertinent to the filing of a complaint. ay aaa ~ (b) A willful violation of this section shall be punishable by ‘fine of not more than $100 for each separate offense. pete =~ Pub.L. 88-352, Title VII, § 711, July 2, 1964, 78 Stat. 265... -..- ae had with the Commission ‘andl : ee Hest nee figs the Commission was sot “eatit > - Historical Note.) *25-25 - as bases —- enforcement “of ‘aoe - lective Date. Secti ve Jul Legislative History. For legislative sen biting airtirgl re se section T18 of Punk. #8-352, history and purpose of Pub.L. 88-352, see to produce evidence to be seed 8s Sagi etay Date note under 1964 U.8.Code Cong. ‘and Adm.News, p. the Commission's investigation of eet out as an Effective Da : ee Ployee's charge. Equal Empleywaat Sar Portunity Commission v. Bi-State Baga ee a Private settlement 2 complaining of employment end employer rendered tesves any pending charge employea'ss section 2000e of this title..-+ 2.546. avi) = MBB ‘ . ey : iS Geexe ee bey opment Agency, D.C.Mo.1900, "000 Voaam Doo. iste eeeleet: Library References -- Bey B17 Fee 73 2 see na et ts 4 pa eat ae “8 CISA aaa =< _ Civil Rights €=0.10, 14. mc eit tae amd re : e Ser rip Weie fo) oe ant “HST : * STS ie ~- mee gat, Ry. ie ang “wee ae a Sit eae ot Federal Regulation eal Where thie subchapter te Laete ed let fos - - a2 civil or criminal penalties fer Notices to be posted, see 29.CFR 2001-20. : ash. noncompilance with reporting a eee ean as tee - Dos Loa TD ce at it, of wection 2000-8 of this tithe, inj eT Te SE" Noes of Decisions | feet rory was only effective remedy for ea) on aka oa a : it is sot required to refusal to obey law. - Kqual Ex playa, ; . posting of notices; : Opportunity Commission v. Rogers Brey Ine., C.A.Tex.1972, 470 F.2d 905. 20.233 LsGenerally _ : This subchapter does not require union rua ‘ to ake oat erhrmative action other than group discriminated against prior to ef 909 ne he @ -—% a ET EEN anitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 mamar Declassified in Part - | ” Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9OMO0005R000200020002-1 EN ORa ts pat eee hes eh ced alaiiee satel. ee ec a rt rs erin fective date of law: it is not required to seek out individuals in that group who may be competent for referral; por iw it required to reek out individuals who may § 2000e-11. Veterans’ special rights or preference ae Nothing contained in this subchapter shall be construed to repeal or modify any Federal, State, territorial, or local law creating spe- cial rights or preference for veterans. Sag 42 § 2000e- 10 PUBLIC HEALTH & WELFARE Ch. 21 hecome competent to become members, Dobbins v. Intern. Broth. of Elec. Work- ern, AFL-CIO, D.C.Ohio 1968, 292 F.Supp. 43. ee odes oe Pub.L. 88-352, Title VII, § 712, J uly 2, 1964, 78 Stat. 265. Historical Note Effective Date. Section effective July 2, 1964, see section 716 of Pub.L. §8-222, set out as an Effective Date note under section 2000e of this title, Legisiative History. For legislative history and purpose of Pub.L. 88-352, see 1964 U.S.Code Cong. and Adm.News, _p. 2355. = . Library References : MEY 21 Dstt Armed Services €=9101. Civil Rights @=2, Notes of Agency action 2 Scope of section 1 L._ Scope of section ‘ (24 Plaintiffs in civil rights action under this subchapter were precluded from at- tacking veterans’ preference in view of Provision in this section that it should Rot be construed to repeal or modify fed-_ eral, state, or local laws creating special Tights or preferences for veterans. Bap- nerman v. Department of Youth Authori- ty, D.C.Cal.1977, 436 F.Supp. 1273. = *°- 2 Agency action : BE ses While the administrator of the Veter- ane Administration claimed that this sub- § 2000e-12. “Regulations; coatormity of regulations with C.J.8. Armed Services §$ 251, 284 to 287. C.3.8. Civil Rights §g 2, 4 et seq., 17, 198. Decisions a ci £ to : Enaiay pas : oh Sy Nek? chapter was inapplicable to his policy of only submitting names of veterans for appointment ay members of the Board of “Veterans Appeals since this subchapter applies only to agencies and he was act- . ing pursuant to Presidential, not agency, ’ Policy, “the unsettled nature ‘of J ‘the claimed ‘:- presidential ‘directives ~/under ‘which the administrator acted ‘was appar- ent, and his actions in appointing Board members therefore had to be viewed on . the merits as agency action without re- ward to the so-called presidential policy. ~ Krenzer vy. Ford, D.C.D.C.1977, 429 F. - Supp. 499, : boty Syesed ge eee eek Ph eyerrate ote ae administrative procedure provisions; ‘reli- (a) ance on interpretations and instructions of - oH ad. Commission. <— _ 8 Soom elias piste tie The Commission shall have authority from time to time to is- sue, amend, or rescind suitable procedural regulations to carry out - so the provisions of this subchapter. “Regulations issued under ‘this section shall be in conformity with the standards and limitations of subchapter II of chapter 5 of Title 5... Moet e a (b) In any action or proceding based on any alleged unlawful em- ployment practice, no person shall be subject to any liability or pun- 910 thm tae, a dope teendisa bobble Ch. 21 ishmer an un. issued tion. procee such i mined (B) a such 5 beine Pub.L. Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 fi civ, RIGHTS 46 42. § 2000e- 12 > nent for or on account of (1) the commission by such person of it erx, AFL-CIO, D.C.Ohte saan ~ ynlawful employment practice if he pleads and proves that the ay 4 - Et or omission complained of was in good faith, in conformity with, ind in reliance on any written interpretation or opinion of the Com- Fission, or (2) the failure of such person to publish and file any in- ‘formation required by any provision of this subchapter if he pleads Fond proves that he failed to publish and file such information in Yood faith, in conformity with the instructions of the Commission Pissued under this subchapter regarding the filing of such informa- Piion. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is deter- F mined by judicial authority to be invalid or of no legal effect, or ¢(B) after publishing or filing the description and annual reports, Fsuch publication or filing is determined by judicial authority not to be in conformity with the requirements of this subchapter. ; Pub.L. 88-352, Title VU, § 713, July 2, 1964, 78 Stat. 265. to hecome competent * ho Dobbins y. inten: a : ' special rights or preferese whapter shall be cons rued erritorial, or local law Jerans. . wee uly 2, 1964, 78 Stat. 265. er 1964 U.S.Code Cong. - 2355. oe and ‘References = ..- C.8. Armed Services fi 3 as Civil Rights §§ E. Historical Note . oh Aa . 2 Cedification. “Subchapter II of chapter set out as an Effective Date note under ” 1 § of Title 5” was gubstituted for “the section 2000e of this title. Administrative Procedure Act” in subsec. 3) on authority of section 7(b) of Pub. Legisiative History. For legislative “L. 89-354, Sept. 6, 1966, 80 Stat. 631, sec- history and purpose of Pud.L. 88-352, see on 1 of which enacted Title 5, Govern- 306s U.S.Code Cong. and Adm.News, Pp. _ment Organization end Employees. 23%. : Effective Date. Section effective July 2 1964, see section 726 of Pub.L. 88-352, | of Decisions : a eadne: chapter was inapplicable te : only submitting names of. veten ory appointment as members “of ‘the’! r- Veterans Appeals since ‘this Seu of pplies only to agencies and, hep a ‘ng pursuant to presidential, + 3. Library References ~ - administrative Law and Procedure . C.J.8. Public Administrative Bodies and in ... Procedure § 92. 1. Policy, the unsettled “tuat al Claimed presidential “directives : bcp iste i an Te awl the ade leieteator =e Civil Rights €=31. +) QB. Civil Rights $§ 178, 185. i- ent, and his actions in appotath a A : ; _ nee therefore had to be: : = : Code of Federal Regulations acta ce ie as agency action =: Affirmative action guidelines, see 29 CFR 1608.1 et seq. a . e s0-called presideati Z~. Interpretations and opiniona, see 20 CFR 1601.31 to 1601383... Aer " Sunshine Act provisions, compliance, see 29 CFR 1612.1 et seq... _...- eee v. Ford, D.C.D. - Supp. 490. © ye ic & : 3, 7 a Ph atte, itd __ Notes of Decisions " Amendment of pleadings 7 - “+o 0° iines are not entitied to “consideration in us; conformity of 3 . «Na aog” Said _ Disquallfiestion of member 6 Hact-7..”” -@etermining legislative intent, but it does pats procedure provision: _ Guidelines 1 Mp so Cem that courts properly may accord terpre’ en tpn tie _Anjanctions 8 _ U7 os" Tess weight to such guidelines than to *P tations and instruc a "Interpretations er opinions 2 ** |” =: ~cadministrative regulations which Con- sion at gt ~_Ldability er punishment 4 “tS” gress bas declared shall have force of : thori naire ae Regulations S$ = "= nee “8 ai 13 7- -- Jaw, -or to regulations which ander ena- e authority from time to time 2aa% Rulings 5 ne bling statute may themselves supply ba- roced i . earre ae Ne ag. ae : _ "io lese-" gig for imposition of liability. General si nee a ae ae PoE LL Bless Co, ¥. Gilbert, Va.l976, 97 BCL. An, gulations issued Uneel a ae eRe a een ee 429 U.S. 125, 60 L.Ed.2d 343, rehearing de- ay Saleen . nied 97 S.Ct. 825, 429 U.S. 1079, 50 L.Ed. - Fact that Congress, in enacting this 20 709. : subchapter, did not confer upon the Com- ‘ ‘mission authority to promulgate rules or regulations pursuant to this subchapter does not mean that Commission guide- 911 ith the standards and limitations de 5. esse ®. tim : based on any alleged unlawfal@ Hl be subject to any liability or 310 - then gs m@ Declassified in Part - Sanitized Co Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 Although Commission guidelines for employers seeking to determine, through professional validation studies, whether mas = é a _arnemiceiadneied py Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 42 §2000e-13 pusiic HEALTH & WELFARE Seam (Ch. 21 § 2000e-13. = 3 ties, togethe trative chan purposes of > Pub.L. 88-3 18 : = 92-261, § 1C 3 3 . 21, 19° The provisions of sections ot- = E~ Apt et ‘i 19807, 92 St. ficers, agents, and emp 2 of their official duties. provisions of sections 2 111 and 1114 of Title 18, whoever in violation of the provisions of* section 1114 of such title kills a person while engaged in or on ac- = See che tak ? “ished the Equ: count of the performance of his official functions under this Act ty Coordinatia: shall be punished by imprisonment for any term of years or for dif s ’ . she ane Pub.L. 88-352, Title VII, § 714, July 2, 1964, 78 Stat. 265 ; P atoms the ater 261, § 8(g), Mar. 24, 1972, 86 Stat. 110. of the United mission, and tt oa States Civil Ri Historical Note : respective deleg of the abolitic References in Text. “This Act”, re- ferred to in text, means Pub.L. 88-352, ment Opportur and the transf July 2, 1964, 78 Stat. 241, known en the Civil Rights Act of 1964, which in ciassi- _ Effective Date. Section effective ‘July ree pe fled principally to subchapters 11 to IX °% 1964, see section 716 of PubL. 88-352, FR. 19907, 92 © of this chapter (section 2000, et neq.), €t out as an Effective Date note under y under section 2 For complete classification of this Act to %*ctlon 2000e of this title. ; - gk pers the Code, see Short Title note set out un- _ Logisiative History. For ‘legislative ; 196 eseecraee der section 2000a of this title and Tables history and purpose of Pub.L. 88-252, see ‘ tuted coe volume. a 1964 U.8.Code Cong. and Adm.Newsa, ->. a - 1972 Amendm 1972 Amendment. Pub.L. 92~261 added 2355. See, alwo, Pub.L. 92-261, 1972 U. tuted provisior provisions which made section 1114 of Ti- Code Cong. and Adm.News, p. 2137. Equal Employ: tie 18 applicable to officers, etc, of the ee Mi erliedeatg. yo fas nating Council Ae coe ' oe taiag ! tion, power £ Code of Federal Regulations ue Jai Pe? 2 8 for prods ons ub.L. 92- Commission and set forth punishment for & violation of such section 1114. ret Indictment, see § 7102. ‘a Sentence and fine, see § 7531 et seq. . Bone aah ee Civil Bights § 2000e-14. Coordination of efforts and elimination ; Bo tet . 7 oe _ competition among Federal departments, : agencies, etc. in implementation and -. forcement of equal employment opporta- Be ,.and policies; | Fe- ee ae Congress ., an". _ The Equal Empio mmission shall hav th Me -wyspresi responsibility for developing and implementing agreements, policies a Eee eerie and practices designed to maximize effort, promote efficiency,-and one ae eliminate conflict, ‘competition, duplication and inconsistency among ; = Se ai the operations, functions and jurisdictions of the various depart- a come visio: ments, agencies and branches of the Federal Government responsi- == : aie the f ble for the implementation and enforcement of equal employment - : al ree < opportunity legislation, orders, and policies. On or before October 1 a a : one of each year, the Equal Employment Opportunity Commission shall ie Ae pe transmit to the President and to the Congress a report of its activi- : 0 e : 916 Pe perenesernpararensraiy Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 ag the pro iolation ‘of thew 1 while engaredae al functions ‘une any term’ of Bake 964, 78 Stat: 265 ame +) 20) yegaM 5 ¥ and purpose’ J.8.Code Cong: net ‘Bee, aluo,:Pub.1.- 9. Song. and Adm.News, fae Commission ‘Shallyaae nenting agreementeye ort, promote efficiemee on and incon sistency yo ons of the various @6 deral Governmen ment of equal empleyyam portunity Commission 3" gress a report of its BEteee | Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90MO00005R000200020002-1 ies. On or before Octoo@ias m-- of the President’s Committee on Equal Employment Opportunity,. civi. RiGHTs ©4042 -§ 2000e-15 together with such recommendations for legislative or adminis- Biive changes as it concludes are desirable to further promote the roses of this section. “1, 98-852, Title VII, § 715, July 2, 1964, 78 Stat. 265; Pub.L. 61, § 10, Mar. 24, 1972, 86 Stat. 111; Pub.L. 94-273, § 8(24), “21, 1976, 90 Stat. 377; 1978 Reorg. Plan No. 1, § 6, 43 F.R. Res07, 92 Stat. 3782. , Historical Note ‘Codification. Provisions which estab- tary of Labor to make a report to. the 4 the Equal Employment Opportuni- Congress not later than June 30, 1965 os Coordinating Council composed of the concerning discrimination in employment ry of Labor, the Chairman of the because of age. r Tag pidenay nema none Bubmission ef Specific Legislative Bec- oft the United States Civil Service Com- ommendations te Congress by January 1 mission, and the Chairman of the United 1967, to Implement Report en Age Dis- States Civil Rights Commission, or their pagar Pub.L. 89-601, Title Vi, § fespective delegates, were omitted in view ee malas 23, 1066, 90 Stat. agree ‘ef the abolition of the Equal Employ- the Secretary of Labor to submit to the Peat Opportunity Coordinating Council Congress not later than January 1, 1967 Sand the transfer of its functions to the his specific legislative recommendations Bonal Employment Opportunity Commis- for implementing the conclusions and gion by Reorg.Plan No. 1 of 1978, 4 6, 43 recommendations contained in his report HP R. 19007, 92 Stat. 3782, set out a8 a note on age discrimination in employment P sader section 2000e~4 of this title. made pursuant to provisions of this sec- u: tion prior to its amendment in 1972. - F< 3916 Amendment. Pub.L. 94-273 substi- : tuted “October” for “July”. . Legislative History. For legislative = ; hintory and purpose of Pub.L. 88-352, nee - F- g978 Amendment. Pub.L. 92-261 substi- - 4964 U.8.Code- Cong. and Adm.News, p. tuted provisions which established the 9955, See, alxo, Pub.L. 92-261, 172 C.S. e Equal Employment Opportunity Coordi- Code Cong... and Adm.News, p.- 2137; Re pating Council and set forth the composi- Pyb.L. 81-273, 1976 U.S.Code Cong. and ey , tion, powers, and duties of the Council adm.News, p. 600. for provisions which directed the Secre- - dn cent ® Ie : Library References 8. |... ; : _ G..8. Civil Rights §§ 178, 185. ioe ; Code of Federal Regulations ; 5 oSoes ee ‘ cy coordination procedures, see 29 CFR 1690.101 et peqe he ae * Fe = Civil Rights @=31. + oa ee eh ee eee NS : ia § 2000e-15. . Presidential conferences; sequaintance of “ere 2. >> leadership with provisions for employment w |"* *P ght amd obligations; ‘plans for fair ad- ~ na he te ministration; membership - eee The President shall, as soon as feasible after July 2, 1964, convene one or more conferences for the purpose of enabling the leaders of groups whose members will be ‘affected by this “subchapter to be- f; come familiar with the rights afforded and obligations imposed by =: its provisions, and for ‘the purposé of making plans which will re- e" sult in the fair and effective administration of this subchapter when FE” all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members 917 ‘ - ntti meee celal goes cee TI Ee a aa : : Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 ---- -- Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 3 civ. RIGHTs ]}46. 42._:« § 2000e-16 ate remedies, including reinstatement or hiring of employees with without back pay, as will effectuate the policies of this section, x, shall issue such rules, regulations, orders and instructions as it ss necessary and appropriate to carry out its responsibilities un- ) Er.this section. . The Equal Employment Opportunity Commission pter. BEES, ke - sall— 7 , Sate ‘ 1964, 78 Stat’ Saue ei; (1) be responsible for the annual review and approval of a Fa eee ad een ee ‘national and regional equal employment opportunity plan which each department and agency and each appropriate unit referred me to in subsection (a) of this section shall submit in order to &° maintain an affirmative program of equal employment opportu- M - nity for all such employees and applicants for employment; (2) be responsible for the review and evaluation of the oper- ation of all agency equal employment opportunity programs, pe- riodically obtaining and publishing (on at least a semiannual basis) progress reports from each such department, agency, or unit; and ae (3) consult with and solicit the recommendations of interest- ed individuals, groups, and organizations relating to equal em- zs " ployment opportunity. : 4 : = The head of each such department, agency, or unit shall comply = with such rules, regulations, orders, and instructions which shall in- m-clude a provision that an employee ‘or applicant for employment — f ‘shall be notified of any final action taken on any complaint of dis- ; crimination filed by him thereunder. The plan submitted by each E department, agency, and unit shall include, but not be limited to— (1) provision for the establishment of training and education “programs designed to provide a maximum opportunity for em- ployees to advance so as to perform at their highest potential ; and s : re Jon 2000d-1 of this SHEE a ae s wad pmployees . leat hs employed outsidetam ments as defined 3% as defined in section ied tiari "Staten - (2) a description of the qualifications in terms of training . eT eS ‘’ and experience relating to equal employment opportunity for ng positions in the ase z ,..., the principal and operating officiala of each such department, he legislative ands ase rex Agency, Or unit responsible for carrying out the equal employ- ing positions : “ment opportunity program ,and of the allocation of personnel ngress shall be: a c<.. and resources proposed by such department, agency, or unit to color, religion, sex@e ‘carry out its equal employment opportunity program. = oe i ya} Syonesy Tee anit caine oe applicant fer ‘employment for redress ef ... ; a8 time fer bringing of action; head of department, 5 1:..- 3s se Re ir ena a ome 6 abt 28 SORRRNA, Seog eto es (c) Within thirty days of receipt of notice of final action taken a by a department, agency, or anit referred to in subsection (a) of eS this section, or by the Equal Employment Opportunity Commission _ Upon an appeal from a decision or order of such department, agen- : 919 STAT ni ahall be éxereisad by the Librarian of Congress. 2°, ‘oo hall have authority -toom his section through &9% ra $3 a - od ee ae Sa or . - wage : TO tee nee eee eae Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 -~--~ vet eile ial as Wi adi inde itn 32, crisis Serre OWT IRE Ee 8 wane meet «meres wna a NIL Agen ES RTT ETS | § 2000e- 16. navi by Federal Government _ mm Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP9O0MO00005R000200020002-1 {ry ADRK 42 §2000e-15 puptic HEALTH & WELFARE (2) the members of the Commission on Civil Rights, (3) represen. tatives of State and local agencies engaged in furthering equal em. ployment opportunity, (4) representatives of private agencies en, gaged in furthering equal employment opportunity, and (5) repr = sentatives of employers, labor organizations, and employment agen- : cies who will be subject to this subchapter. Pub.L. 88-362, Title VII, § 716(c), July 2, 1964, 78 Stat. 266. Historical Note Effective Date. Section effective July Legislative History. For legislative “pat: 2, 1964, see section 716 of Pub.L. 88-352, history and purpose of Pub.L. 88-352, see R209 set out as an Effective Date note under 1964 U.S.Code Cong. and Adm.News, ‘p. “ate section 2000e of this title. 2355, 5 a EXECUTIVE ORDER NO. 11197 Ex.Ord.No.11187, Feb. 5, 1965, 30 F.R. was revoked by Ex.Ord.No.11247, Sept. 2¢, 1721, formerly set out as a note under 1965, 30 F.R. 12327, set out as a note un- - : this section, which established the Presi- der section 2000d-1 of this title. “ dent’s Council on Equal Oppportunity, Library References Civil Rights €=>31. C.S.8. Civil Rights $§ 178, 185. ~ Discriminatory practices prohibited; employees or applicants for employment subject to coverage —. reseer (a) All personnel actions affecting employees or applicants for employment (except with regard to aliens employed outside the lim- its of the United States) in military departments as defined in sec- tion 102 of Title 5, in executive agencies as defined in section 105 of | Title & (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, in those units of the Go ernment of the District of Columbia having positions in the competi- ‘tive service,-and in those units of the legislative and judici: branches of the Federal Government having: positions in the compet- itive service, and_in the Library of Congress shall be made frée from any discrimination based on race, calor, véligion, sex, or na- tional origin. : BP ah See : abe eee ie ae rd MeO TTASS watt ca eR ee “Daa Enforcement powers ‘of Commission; - issusaece ef rules, regulations, ete.) :- ; ammual review and appreval ef national and regional equal employment. ‘ @ppertunity plans; review and evaluation of equal employment opportunity - pregrams and publication ef pregreas reperts; ceusuitations with tiater- ~ ested parties; compliance with rules, reguintions, ete.; contents of ma- ; onal and regional equal employment opportunity pinms; autherity ef ~~ s 3! : Librarian ef Congress oy * Tee ua ae BEN eR ACELE When ONS 8S 9g + H (b) Except as otherwise provided in this subsection, the Equal = Employment Opportunity Commission shall have authority to en- i. force the provisions of subsection (a) of this section through appro- s 918 manes Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 ~ Saks Declassified in Part - Sanitized Copy Approved for Release 2012/11/02 : CIA-RDP90M00005R000200020002-1 epee vets hie <ALL ta 20! AMMONIA re rte men 4 Declassified in Part - Sanitized C opy Approved for Sica ins veneetae STAT cy, or unit on a complaint of discrimination based on race, colo ligion, sex or national origin, brought pursuant to subsection (a this section, Executive Order 11478 or any succeeding Executive ; ders, or after one hundred and eighty days from the filing of the in: itial charge with the department, agency, or unit or with the Equal J Employment Opportunity Commission on appeal from a decision or wee : order of such department, agency, or unit until such time as final on action may be taken by a department, agency, or unit, an employee % or applicant for employment, if aggrieved by the final disposition of ; his complaint, or -by the failure to take final action on his com-. plaint, may file a civil action as provided in section 2000e—5 of this title, in which civil action the head of the department, agency, unit, as appropriate, shall be the defendant. Se a. Section 2000e-5 (f) through (k) of this title applicable to civil aioe (d) The provisions of section 2000e-5(f) through (k) of ‘this title, E as applicable, shall govern civil actions brought hereunder. ~~ \Government agency er oefficial not relieved ef Fesponsibility to assure \ Bondiscrimination in employment or equal employment @pportunity. -.: \(e) Nothing contained in this Act shall relieve any Governme agency or official of its or his primary responsibility to assure no discrimination in employment as required by the Constitution and statutes or of its or his responsibilities under Executive Order 11478 relating to equal. employment opportunity in the Federal Gove ment. soothes. ae : Tosser ip ee ce : Pub.L. 88~352, Title VU, § 717, as added Pub.L- 92-261, § - 24, 1972, 86 Stat. 111, and amended 1978 Reorg.Pla Jan. 1, 1979, 43 F.R. 19807,.92 Stat. 3781: L. 9¢ Feb. 15, 1980, 94 Stat. 34 ae we, _| Meterences fa Text. “This ferred to in ‘subsec. ‘(e), » July 2, 1964, 1, 1979, 255 this ‘as ‘provided *by “section” 1-101 of Ex.Ord. ae *No.12106, ‘Dec. ‘28, -1978, “44 F.R. 1053, “net “1900 Ammondmest. ” Subse: ie “s‘out a8 a smote sunder-‘section 2000e-4 of br. = 3 i the.s. a) .: Jo; mt 96-191 struck out “(other than the’ Gener. U8 ae ake dele 5 Pena hdeats tw - rtunity.. rized crutine eneine Office)” following “tn delegate to the Civil Service Commission “preliminary determination on the issue of _ discrimination whenever, as 9 part of @ complaint’ or appeal before the Civil Service Commiaston on other grounds, s ~ 920 Or its auccesaor the function of making a i Release 2012/1 1/02 : CIA-RDP90M00005R000200020002-1 ¥