ent standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this title 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 employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).

EDITORS' NOTE: The three exceptions provided by this subsection were all inserted in the Senate. The exception relating to seniority, merit, or incentive systems was added by the DirksenMansfield substitute. (See page 3005 for an explanation by Senator Humphrey (D., Minn.)). The exception relating to use of a professionally developed ability test was adopted on the Senate floor on the basis of an amendment introduced by Senator Tower (R., Tex.). (See pages 3129 to 3163 for the debate leading to adoption of this amendment.) The exception relating to a wage differential based on sex if permitted under the Fair Labor Standards Act was adopted on the Senate floor on the basis of an amendment introduced by Senator Bennett (R., Utah). (See pages 3233 to 3234 for the debate relating to the Bennett amendment.)

(i) Nothing contained in this title shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

EDITORS' NOTE: The "Indian exemption" was added by the Dirksen-Mansfield substitute in the Senate. (See page 3005 for an explanation by Senator Humphrey (D., Minn.) of the reasons for the change.)

(j) Nothing contained in this title shall be interpreted to require any employer, employment agency, labor organization, or joint labormanagement committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or

other area, or in the available work force in any community, State, section, or other area.

EDITORS' NOTE: During the debate in the Senate, opponents of Title VII expressed fear that it would require employers to maintain racial balance among employees by some form of quota hiring. The Dirksen-Mansfield substitute added this provision to make clear that quota hiring would not be required. (See page 3005 for an explanation by Senator Humphrey (D., Minn.) of the reason for the provision; also see pages 3187 to 3190 for debate on the matter.)

OTHER UNLAWFUL EMPLOYMENT PRACTICES

SEC. 704. (a) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this title, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.

EDITORS' NOTE: The provision for the unfair employment practice of "retaliation" was in the bill reported by the House Judiciary Committee. It was retained in the bill finally approved. (See page 20 10.)

(b) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement 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 employment.

EDITORS' NOTE: Tuo amendments were made to this provision on the House floor. First, Congressman Celler (D., N.Y.) proposed and the House adopted a change adding "national origin'' to "religion" as a preference in advertising for jobs for which religion or national origin is a bona fide occupational qualification for employ ment. (See pages 3179 to 3181 for debate on the Celler amendment.) Second, Representative Bolton (D., Ohio) proposed and the House adopted an amendment adding "sex" to "religion" and "national origin" as a preference in advertising for jobs for which religion, national origin, or sex is a bona fide occupational qualification for employment. (See pages 3229 to 3232 for debate on the Bolton amendment.)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, beginning from the date of enactment of this title, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. 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 shall appoint, in accordance with the civil service laws, such officers, agents, attorneys, and employees as it deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

An

EDITORS' NOTE: Section 705(a) was taken from the bill reported by the House Judiciary Committee. (See pages 2027 and 2087.) amendment introduced in the Senate By Senator Thurmond (D., S.C.) That would have provided for election by the Commission of its Chairman and Vice Chairman was defeated by a vote of 13 to (See pages 3271 to 3274.)

70.

(b) 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.

(c) The Commission shall have an official seal which shall be judicially noticed.

(d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2201-2209), is further amended

(1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause:

"(32) Chairman, Equal Employment Opportunity Commission"; and

(2) by adding to clause (45) of section 106 (a) thereof (5 U.S.C. 2205 (a)) the following: "Equal Employment Opportunity Commission (4)."

(f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or

State offices as it deems necessary to accomplish the purpose of this title.

(g) The Commission shall have power

(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

(3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title 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 effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided. by this title;

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this title and to make the results of such studies available to the public;

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General' under section 707, and to advise, consult, and assist the Attorney General on such matters.

(h) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any

case in court.

(i) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

EDITORS' NOTE: The Dirksen-Mansfield substitute in the Senate made a number of changes in Section 706 (renumbered 705) as passed by the House. Subsection (e) was amended to make a technical revision to state the compensation of the Commission members in terms of the Federal Executive Pay Act of 1956. Subsection (f) was revised to provide specifically that the Commission may estab lish State offices, as well as regional offices, and that its principal office may be either in or near the District of Columbia. Subsection (g) was amended to require expressly the consent of State or local agencies before they can be utilized by the Commission, to limit the remedial action which the Commission may take, to extend the provisions of the clause to labor organizations, and to make the results of studies made by the Commission available to the public instead of only to governmental and nongovernmental agencies. A new clause Subsection (f)(6) was added to provide that the Commission can make recommendations to the Attorney General with respect to intervention in a civil action brought by an aggrieved party under Section 706 for the institution of a civil action brought by the Attorney General

under Section 707, and advise, consult, and assist the Attorney General on such matters. (See pages 3006 and 3018 for explanations by Senator Humphrey (D., Minn.) and Senator Dirksen (R., Ill.) of these changes.)

(j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of August 2, 1939, as amended (the Hatch Act), notwithstanding any exemption contained in such section.

EDITORS' NOTE: Subsection 705(j) was inserted by an amendment offered on the Senate floor by Senator Miller (R., Iowa). The amendment was adopted by a voice vote. (See page 3319 for the debate preceding adoption.)

PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES

SEC. 706. (a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this title has occurred (and such charge sets forth the facts upon which it is based) that an employer, employment agency, or labor organization has engaged in an unlawful employment practice, the Commission shall furnish such employer, employment agency, or labor organization (hereinafter referred to as the "respondent") with a copy of such charge and shall make an investigation of such charge, provided that such charge shall not be made public by the Commission. If the Commission shall determine, after such investigation, that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such endeavors may be made public by the Commission without the written consent of the parties, or used as evidence in a subsequent proceeding. Any officer or employee of the Commission, who shall make public in any manner whatever any information in violation of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.

EDITORS' NOTE: A number of changes were made in Subsection (a), as passed by the House, by the Dirksen-Mansfield substitute in the Senate. The authority to bring a charge on behalf of" a person claiming to be aggrieved was deleted, so that a charge may be brought only by the person claiming to be aggrieved or a member of the Commission. Another amendment added that the charge shall not be made public by the Commission. The provision that two members of the Commission may make a determination was stricken, leaving the required number of members to be determined by the customary rules of agency organization. A provision for obtaining a written agreement describing practices the respondent agrees to refrain from committing also was deleted, although the general power of the Commission to obtain conciliation agreements was retained. A requirement was