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Willis amendment, as modified by the Lindsay amendment, was adopted by a division vote of 107 to 31. (See page 3103.) The Senate modified the provision to provide that an employer will be covered only if he has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. It also added a provision specifying that a policy of nondiscrimination applies to all federal employees, even though the United States is exempted from the definition of an "employer." During the Senate debate on the measure, both Senator Humphrey (D., Minn.) and Senator Dirksen (R., Ill.) explained these changes. (See pages 3004 and 3017.)

(c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

EDITORS' NOTE: The definition of "employment agency" was in the bill reported by the House Judiciary Committee. It was adopted by the House unchanged, incorporated in the Senate compromise, and became a part of the Act as finally approved. (See page 2009.)

(d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the 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, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

EDITORS' NOTE: The definition of a "labor organization" is that included in the bill reported by the House Judiciary Committee. No changes were made by the House or the Senate. It is essentially the same as the definition in the Labor-Management Reporting and Disclosure Act, although the latter specifically excludes a "State or local central body." (See page 2009.)

(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 members (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) one hundred or more during the first year after the effective date prescribed in subsection (a) of section 716, (B) seventy-five or more during the second year after such date or fifty or more during

the third year, or (C) twenty-five 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.

EDITORS' NOTE: The Dirksen-Mansfield substitute adopted by the Senate and later the House broadened the definition of a "labor organization" deemed to be engaged "in an industry affecting commerce" by adding to the criteria "it maintains or operates a hiring ball or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer." (See pages 3003 and 3017 for explanations by Senator Humphrey (D., Minn.) and Senator Dirksen (R., Ill.) of this change.

(f) The term "employee" means an individual employed by an employer.

(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 hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959.

(i) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

EDITORS' NOTE: The definitions of "employee," "commerce," "'industry affecting commerce," and "State" are those in the bill reported by the House Judiciary Committee. They were not changed by the House or the Senate. (See pages 2009, 2010.)

EXEMPTION

SEC. 702. This title shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.

EDITORS' NOTE: The Dirksen-Mansfield substitute adopted by the Senate and later by the House changed the exemption in two ways. First, it limited the exemption of a religious corporation, association, or society to the employment of individuals of a particular religion to perform work connected with its religious activities. Second, it provided a similar exemption for an educational institution with respect to the employment of individuals to perform work connected with the educational activities of the institution. (See pages 3004 and 3017 for explanations by Senator Humphrey (D., Minn.) and Senator Dirksen (R., Ill.) of this change.

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

ORIGIN

SEC. 703. (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 employment, because of such individual's race, color, religion, sex, or national origin; or

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

(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

(c) It shall be an unlawful employment practice for a labor organization

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

(2) to limit, segregate, or classify its 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

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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.

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

EDITORS' NOTE: The discrimination provisions remained essentially the same from the reporting of a bill by the House Judiciary Committee through the adoption of the Dirksen-Mansfield substitute by the Senate and the House-with one important exception. An amendment introduced in the House by Congressman Smith (D., Va.) added "sex" as one of the forbidden bases of discrimination. This amendment was adopted by the House and remained in the Dirksen-Mansfield substitute adopted by the Senate. Correcting amendments were adopted in the House. (See pages 3213 to 3232 for a discussion of the action in the House on the Smith amendment.) A conforming amendment made in the Senate included in the definition of unfair employment practices by labor organizations the operation of hiring halls by labor organizations. (See page 3017 for a discussion by Senator Dirksen of this change.)

(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 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, college, 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 a 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 propagation of a particular religion.

EDITORS' NOTE: The bill passed by the House provided that it would not be an unlawful employment practice for an employer to hire employees of a particular religion, sex, or national origin where religion, sex, or national origin is a bona fide occupational qual

ification reasonably necessary to the normal operation of that per ticular business or enterprise. The Dirksen-Mansfield substitute adopted by the Senate and later by the House broadened the exemption to extend to (1) employment agencies when classifying or referring individuals for employment, (2) labor organizations when classifying its membership or classifying individuals for employment, and (3) employers, labor organizations, or joint labor-management committees controlling apprenticeship or other training programs. See page 3017 for an explanation by Senator Dirksen (R., Ill.) of this change.

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

EDITORS' NOTE: The "Communist exception' to the provisions forbidding unlawful employment practices was inserted on the floor of the House on the basis of an amendment proposed by Congressman Colmer (D., Miss.). (See pages 3175 to 3177 for the discussion which preceded the adoption of the amendment.) Although the Senate retained the Colmer amendment, it deleted a similar exception with respect to atheists. As explained by Senator Humphrey (D., Minn.), the atheist exception was deleted because of doubtful constitutionality. (See pages 3101 and 3005.)

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(g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency 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 individual 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.

EDITORS' NOTE: The "security exception' was inserted by the Dirksen-Mansfield substitute in the Senate. There was no comparable provision in the House bill. (See page 3005 for an explanation by Senator Humphrey (D., Minn.) of the reasons for the amendment)

(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to apply differ

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