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Comparative Analysis of Senate and House Bills
EDITORS' NOTE: Following the final passage of the Civil Rights Act of 1964, Senator Dirksen (R., Ill.) introduced into the Congressional Record a comparative analysis of the House bill and the Senate substitute that later was approved by the House without change. The analysis was prepared under the supervision of Congressman McCulloch (R., Ohio), who played a key role in the preparation of the House bill. The comparative analysis was printed in the Congressional Record of July 6, 1964. The parts of the analysis relating to Titles VII and XI, which appear at pages 16001-16004, follow in text.
TITLE VII EQUAL EMPLOYMENT OPPORTUNITY
1. Employers having 25 or more employees, labor organizations
having 25 or more members, and commercial employment agencies
are prohibited from discriminating against any individual in any
phase of employment or union membership (including advertise-
ment for employment) on the ground of race, color, religion, sex or
national origin. (During the first year after the effective date of
the act, only employers and labor organizations having 100 or more
employees or members, respectively, shall be covered; during the
second year only 75 or more employees, or members, respectively;
and during the third year only 50 or more employees or members,
Excluded from coverage are: (1) The United States, a corpora-
tion wholly owned by the Government of the United States, or a
State or political subdivision thereof; (2) a bona fide private mem-
bership club (other than a labor organization). The U.S. Em-
ployment Service is covered, however, as well as the system of State
and local employment services receiving Federal assistance.
2. Discrimination is also prohibited in apprenticeship or other
training or retraining programs, including on-the-job training, by
employers, labor organizations or joint labor-management com-
3. Exemptions or limitations.
(a) The title shall not apply to the employment of aliens out-
side any State or employment by a religious corporation, associa-
tion or society of individuals of a particular religion to perform
work connected with the carrying on of religious activities.
3. (b) It shall not be an unlawful employment practice for
an employer to advertise or employ employees of a particular re-
ligion, sex or national origin where such is a bona fide occupational
qualification reasonably necessary to the normal operation of a
(c) It shall not be an unlawful employment practice for an in-
stitution of learning to hire or employ employees of a particular
religion if such institution is owned, supported, controlled or
managed by a particular religion or a particular religious organi-
zation, or if the curriculum of such institution is directed toward
the "propagation" of a particular religion.
(d) It shall not be an unlawful employment practice for an
employer to refuse to employ any person who holds atheistic prac-
tices and beliefs.
(e) The title shall not apply to any employment practice of
an employer, labor organization. employment agency or joint
labor-management committee with respect to an individual who is
a member of the Communist Party or other subversive organization.
1. Same except that an employer will only be covered if he has
25 or more employees for each working day in each of 20 or more
calendar weeks in a current or preceding calendar year. In addi-
tion, a labor organization is covered if it operates a hiring hall,
while Indian tribes are excluded from coverage. But, it is provided
that it shall be the policy of the United States to insure equal em-
ployment opportunities for Federal employees without discrimina-
tion because of race, color, religion, sex or national origin and the
President shall utilize his existing authority to effectuate this
(a) Same. In addition, the title shall not apply to an educational
institution with respect to the employment of individuals to per-
form work connected with the educational activities of such in-
3. (b) Same. In addition, labor organizations, employment agencies, and joint labor-management committees controlling apprenticeship or other training or retraining programs are granted the same exemption.
TITLE VII-EQUAL EMPLOYMENT OPPORTUNITY-Continued
4. To carry out the objective of the title, there is created an Equal Employment Opportunity Commission composed of five members, not more than three of whom shall be the same political party.
(f) It shall not be an unlawful employment practice for an employer to refuse to hire or to discharge an individual; or for a labor organization or employment agency to fail or refuse to refer an individual for employment if the position to be filled requires a Government security clearance and the individual has not obtained such clearance.
(g) It shall not be an unlawful employment practice for an
employer to apply different standards of compensation, or
ferent terms, conditions or privileges of employment, pursuant to
a bona fide seniority or merit system, to employees who work in
different locations, provided that such differences are not the
result of an intention to discriminate because of race, color, re-
ligion, sex, or national origin.
3. (h) It shall not be an unlawful employment practice for an
employer to give and 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
(1) It shall not be an unlawful employment practice for an em-
ployer to differentiate upon the basis of sex in determining the
amount of wages or compensation paid to or to be paid to em-
ployees of the employer if the differentiation is authorized by the
provisions of the Fair Labor Standards Act.
(1) The title shall not apply to any business or enterprise on
or near an Indian reservation with respect to any publicly an-
nounced employment practice of such business or enterprise under
which preferential treatment is given to an Indian living on or
near a reservation.
(k) The title shall not be interpreted to require any employer,
employment agency, labor organization, or joint labor-management
committee to grant preferential treatment to any individual or to
any group because of race, color, religion, sex, or national origin
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 an employer, referred or classi-
fled for employment by an employment agency or labor organiza-
tion, or admitted to or employed in any apprenticeship or other
training program, in comparison with the total number or per-
centage 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
5. The Commission shall have authority to:
(a) Cooperate with and utilize the services of regional, State, local and other agencies, public and private, and individuals.
(b) Furnish persons subject to this title technical assistance,
upon request, to further their compliance with the title.
(c) Where employees of an employer refuse or threaten to refuse
to cooperate in carrying out the provisions of the title, to assist an
employer, upon his request, to effectuate such cooperation through
conciliation or other remedial action.
(d) Make technical studies to effectuate the purposes and policies of the title.
(e) Cooperate with other departments and agencies in carrying out educational and promotional activities. (f) No such provision.
6. A charge may be filed with the Commission by or on behalf
of an aggrieved person, or by a member of the Commission where
he has reasonable cause to believe that a violation of the title has
occurred. The Commission shall furnish the accused with a copy
of the charge and shall conduct an investigation.
7. If two or more members of the Commission determine, after an
investigation, that reasonable cause exists to believe that the charge
is true, the Commission shall endeavor to end the unlawful em-
ployment practice through conference, conciliation and persuasion,
and, if appropriate, to obtain from the respondent a written agree-
ment describing particular practices which the respondent agrees
to refrain from committing.
8. If voluntary methods fail:
The Commission may institute a civil action within 90 days in a
U.S. district court, unless it has determined that the public inter-
est would not be served by bringing the action.
If the Commission fails to institute a civil action within 90 days,
the party aggrieved may bring an action in a U.S. district court,
if one member of the Commission gives permission in writing.
No action may be based on an unlawful employment practice occurring more than 6 months prior to the filing of the charge.
(a) Same, except that cooperation may only be extended upon
(c) Same, except that assistance may also be extended to labor
(f) Refer matters to the Attorney General with recommendations
for intervention in a civil action brought by an aggrieved party,
or for the institution of a civil action by the Attorney General, and
to advise, consult, and assist the Attorney General on such matters.
6. Same, except that a charge may not be filed on behalf of an
aggrieved person, and that the charge may not be made public by
7. If the Commission determines, after an investigation, that rea-
sonable cause exists to believe that the charge is true, the Commis-
sion shall endeavor to end the unlawful employment practice
through conference, conciliation and persuasion. Nothing said or
done during such endeavors shall be made public by the Commis-
without the written consent of the partics. (The authority
to investigate and attempt conciliation is dependent upon require-
ments set out in paragraph 8 below.)
Where an unlawful employment practice occurs in a State, or
political subdivision thereof, which has a State or local law pro-
hibiting the unlawful practice and providing for legal redress, a
party aggrieved may not file a complaint with the Commission be-
fore the expiration of 60 days after proceedings have been com-
menced under State or local law, unless such proceedings have been
earlier terminated. (The period of abeyance shall be 120 days dur-
ing the first year after enactment of a State or local law.)
Where such State or local law exists and where a charge is filed
by a member of the Commission, the Commission shall take no
action for at least 60 days after referral of the charge to the ap-
propriate agency of a State or political subdivision. (Referral shall
be made for at least 120 days during the first year after enactment
of a State or local law.)
A charge must be filed with the Commission within 90 days after
it occurs, except that where a party aggrieved has first filed the
charge with a State or political subdivision thereof, the charge
must be filed with the Commission within 210 days or within 30
days after receiving notice that the State or local agency has termi-
nated the proceedings, whichever is earlier.