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Senator MONDALE. Evanston has been one of the national examples in the school system. You did serve as a member of the City Human Rights Commission?

Mr. CAREY. Yes, sir.

Senator MONDALE. What is your attitude toward desegregation? Mr. CAREY. Well, in response to your first question, virtually all of the mothers and fathers of schoolchildren in Evanston feel that it worked admirably. Most of the parents want their children to go to school with minority groups. I personally feel it is a very healthy thing. Second, in response to your second question, I favored the integration of the schools in Evanston, first, because as a lawyer I felt the Supreme Court had mandated that, and as a citizen I supported it because I felt that in the long run it is in the best interests of the country and the children going to school.

Senator MONDALE. Thank you very much.

The CHAIRMAN. There are no further questions.

Our best wishes go with you for fair, effective, and forceful implementation of this law. If you fail, we will be right back here climbing the mountain with "cease and desist." We wish you well.

Mr. CAREY. I will do my best. Thank you very much for your time.

(Whereupon, at 10 a.m., the committee was adjourned.)

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APPENDIX

IL RIGHTS ACT OF 1964 AS AMENDED

To enforce the constitutional right to vote, to confer jurisdiction upon ict courts of the United States to provide injunctive relief against nation in public accommodations, to authorize the Attorney General ute suits to protect constitutional rights in public facilities and public n, to extend the Commission on Civil Rights, to prevent discrimination ally assisted programs, to establish a Commission on Equal Employpportunity, and for other purposes.

nacted by the Senate and House of Representatives of the United America in Congress assembled, That this Act may be cited Civil Rights Act of 1964".

LE VII-EQUAL EMPLOYMENT OPPORTUNITY1

DEFINITIONS

701. For the purposes of this title

Che term "person" includes one or more individuals, governgovernmental agencies, political subdivisions, labor unions, parts, associations, corporations, legal representatives, mutual ies, joint-stock companies, trusts, unincorporated organizarustees, trustees in bankruptcy, or receivers.

The term "employer" means a person engaged in an industry g commerce who has fifteen or more employees for each working each of twenty or more calendar weeks in the current or precalendar year, and any agent of such a person, but such term ot include (1) the United States, a corporation wholly owned by overnment of the United States, an Indian tribe, or any departragency of the District of Columbia subject by statute to procedures competitive service (as defined in section 2102 of title 5 of the United Code), or (2) a bona fide private membership club (other than or organization) which is exempt from taxation under section of the Internal Revenue Code of 1954, except that during the ear after the date of enactment of the Equal Employment Opportunity f 1972, persons having fewer than twenty-five employees (and agents) shall not be considered employers.

The term "employment agency" means any person regularly -taking with or without compensation to procure employees for mployer or to procure for employees opportunities to work for mployer and includes an agent of such a person.

The term "labor organization" means a labor organization end in an industry affecting commerce, and any agent of such an nization, and includes any organization of any kind, any agency, mployee representation committee, group, association, or plan so ged in which employees participate and which exists for the

cludes 1972 amendments made by P.L. 92-261 printed in italic.

(1) (11)

purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, oint or system board, or joint council so engaged which is subordinate co a national or international labor organization.

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its nembers (or, where it is a labor organization composed of other labor organizations or 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 the date of enactment of the Equal Employnent Opportunity Act of 1972, or (B) fifteen or more thereafter, and such labor organization

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, 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 representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership 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 international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

(f) The 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 subdivision 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 policymaking level or an immediate adviser with respect to the excercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision.

(g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

(h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would minder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of

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r-Management Reporting and Disclosure Act of 1959, and cludes any governmental industry, business, or activity.

e term "State" includes a State of the United States, the of Columbia, Puerto Rico, the Virgin Islands, American Guam, Wake Island, the Canal Zone, and Outer Continental ds defined in the Outer Continental Shelf Lands Act.

e term "religion" includes all aspects of religious observance tice, as well as belief, unless an employer demonstrates that he e to reasonably accommodate to an employee's or prospective 's, religious observance or practice without undue hardship on uct of the employer's business.

EXEMPTION

02. This title shall not apply to an employer with respect to loyment of aliens outside any State, or to a religious corporasociation, educational institution, or society with respect to loyment of individuals of a particular religion to perform work ed with the carrying on by such corporation, association, nal institution, or society of its activities.

INATION

er

BECAUSE OF RACE, COLOR, RELIGION, SEX, OR
NATIONAL ORIGIN

703. (a) It shall be an unlawful employment practice for an (1) to fail or refuse to hire or to discharge any individual, otherwise to discriminate against any individual with respect his compensation, terms, conditions, or privileges of employent, because of such individual's race, color, religion, sex, or tional origin; or

(2) to limit, segregate, or classify his employees or applicants for ployment in any way which would deprive or tend to deprive ny individual of employment opportunities or otherwise adersely affect his status as an employee, because of such indiidual's race, color, religion, sex, or national origin.

It shall be an unlawful employment practice for an employagency to fail or refuse to refer for employment, or otherwise scriminate against, any individual because of his race, color, on, sex, or national origin, or to classify or refer for employany individual on the basis of his race, color, religion, sex, or nal origin.

It shall be an unlawful employment practice for a labor ization

(1) to exclude or to expel from its membership, or otherwise o discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2) to limit, segregate, or classify its membership, or applicants for membership or to classify or fail or refuse to refer 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 adversely 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

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(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, abor organization, or joint labor-management committee controlling pprenticeship or other training or retraining, including on-the-job raining programs to discriminate against any individual because of is race, color, religion, sex, or national origin in admission to, or mployment in, any program established to provide apprenticeship or ther training.

(e) Notwithstanding any other provision of this title, (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 mployment any individual, for a labor organization to classify its nembership or to classify or refer for employment any individual, or or an employer, labor organization, or joint labor-management comnittee controlling apprenticeship or other training or retraining prorams to admit or employ any individual in any such program, on the asis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualiication 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, college, university, or other educational instituion or institution of learning to hire and employ employees of a paricular religion if such school, college, university, or other educational nstitution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the urriculum of such school, college, university, or other educational nstitution or institution of learning is directed toward the propagation of a particular religion.

(f) As used in this title, the phrase "unlawful employment practice" hall not be deemed to include any action or measure taken by an mployer, labor organization, joint labor-management committee, or mployment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organizaion required to register as a Communist-action or Čommunist-front rganization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

(g) Notwithstanding any other provision of this title, it shall not De an unlawful employment practice for an employer to fail or refuse o hire and employ any individual for any position, for an employer o discharge any individual from any position, or for an employment gency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any ndividual for employment in any position, if—

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

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