Ilouse version

TITLE VII-EQUAL EMPLOYMENT OPPORTUNITY-Continued

9. An action may be brought either in the judicial district in which the unlawful employment practice occurred or in which the accused has his principal office.

10. If the court finds that the accused has engaged in or is
engaging in an unlawful employment practice, the court may en-
Join the accused from continuing such practice and may order the
accused to take affirmative action, including the reinstatement of
hiring of employees with or without back pay.

11. No order of court shall require the admission or reinstate-
ment of an individual to a labor organization or the hiring, re-
instatement, promotion of an individual by an employer if the
labor organization or employer took action for any reason other
than discrimination on account of race, color, religion, or national
origin.

If within 30 days after the Commission investigates a charge
(whether the Commission receives the charge directly because
there is no State or local law or whether it receives the charge
after initial reference to a State or political subdivision thereof)
the Commission has been unable to obtain voluntary compliance,
it shall notify the aggrieved party. Within 30 days thereafter the
aggrieved party may bring a civil action against the respondent
named in the charge in a U.S. district court. Upon appli-
cation, the court may appoint an attorney to represent the party
aggrieved if the court believes it necessary. Upon timely appli-
cation, the court may, in its discretion, permit the Attorney Gen-
eral to intervene in the civil action if he certifies that the case is
of general public importance. Upon request, the court may, in
its discretion, stay proceedings for up to 60 days pending the termi-
nation of State or local proceedings (when they occur) or the
efforts of the Commission to obtain voluntary compliance.

Irrespective of the above provisions, whenever the Attorney
General has reasonable cause to believe that a person or group
of persons is engaged in a pattern or practice of resistance to the
full enjoyments of the rights secured by this title, the Attorney
General may bring a civil action in a U.S. district court.
The Attorney General may request the convening of a three-judge
district court to hear the case if he certifies that it is of general
public importance.

In any case in which an employer, employment agency or labor
organization fails to comply with an order of the court issued
in a civil action brought by the party aggrieved, the Commission
may commence proceedings to compel compliance with such order.
9. An action may be brought in the judicial district in which
the unlawful employment practice occurred; in the judicial dis-
trict in which relevant employment records are maintained and
administered; or in the judicial district in which the plaintiff
would have worked except for the alleged unlawful practice, but,
if the respondent is not found within such district, the action
may be brought within the judicial district in which respondent
has his principal office.

10. If the court finds that the accused has intentionally engaged
in or is intentionally engaging in an unlawful employment practice,
the court may enjoin the accused from continuing such practice
and may order such affirmative action as may be appropriate, in-
cluding the reinstatement or hiring of employees with or without
back pay (payable by the employer, employment agency, or labor
organization, as the case may be).

11. Same, except "sex" was included. (This had been uninten-
tionally omitted in House bill). Also, court action in this regard
was prohibited where an individual opposed, made a charge, testi-
fied, assisted, or participated in an investigation, hearing or pro-
ceeding of an unlawful employment practice of an employer, em-
ployment agency, or labor organization.

House version
12. In a case filed in court, where the pleadings present issues of
fact, the court may appoint a master to hear the facts, issue a re-
port, and recommend an order.

13. In any court action or proceeding under this title, the Com-
mission shall be liable for costs if it loses the case.

14. Where a State or local agency has been established to end
discrimination in employment and the Commission determines
that such agency is effectively taking action, it shall seek written
agreements with such agency under which the Commission and
persons aggrieved shall refrain from bringing civil actions in the
State.

15. The Commission may, with the consent and cooperation of
State and local agencies charged with the administration of State
fair employment practices laws, utilize the services of the State
and local agencies, and reimburse them for their services, in aiding
the Commission in carrying out its duties.

16. Every employer, employment agency, labor organization, and
Joint labor-management committee, subject to this title, shall make
and keep such records and make such reports as the Commission
may prescribe by regulation, after a public hearing. If any such
requirement might result in undue hardship, the party affected may
apply to the Commission or bring an action in a U.S. dis-
trict court for an exemption or other appropriate relief.

17. The Commission is extended subpena power.

18. The Commission is granted investigatory authority, at reason-
able times, to have access to, for the purpose of examination, and
the right to copy any evidence of any person being investigated
or proceeded against that relates to any matter under investigation
or in question.

19. State or local fair employment laws shall not be preempted
or superceded by the enactment of this title.

20. The Commission is granted the authority to issue procedural
regulations in conformity with the standards and limitations of
the Administrative Procedure Act.

21. There is authorized to be appropriated not to exceed $2,500,000
for the administration of this title by the Commission during the
Arst year after its enactment, and not to exceed $10 million for
such purposes during the second year after such date.

12. Deleted.

Senate version

13. In any court action or proceeding under this title, the court,
in its discretion, may allow the prevailing party, other than the
Commission or the United States, reasonable attorney's fees and
costs.
14. Same.

15. Same.

16. Same, except that the provisions shall not apply with respect
to matters occurring in any State or political subdivision thereof
which has a fair employment law, to which the employer, employ-
ment agency, labor organization, or joint labor-management com-
mittee is subject, except that the Commission may require such
notations on records which these parties are required to keep
(under the State or local law) as are necessary because of differences
in coverage or methods of enforcement between the State or local
law and the provisions of this title. Moreover, where an employer
is required to file reports relating to his employment practices with
any Federal agency or committee pursuant to Executive Order
10925 or other Executive orders, prescribing fair employment prac-
tices for Government contractors and subcontractors, the Commis-
sion shall not require the employer to file additional reports.

17. Same, although the manner on enforcing the subpena power
is altered in form, but not in substance.

18. The Commission is granted investigatory authority, at reason-
able times, to have access to, for the purpose of examination, and
the right to copy any evidence of any person being investigated
or proceeded against that relates to an unlawful employment prac-
tice covered by this title and is relevant to the charge under
investigation.

19. Same.

20. Same.

21. Deleted. (See general authorization provision in sec. 1105 or title XI.)

TITLE XI-MISCELLANEOUS
Senate version
1. In any proceeding for criminal contempt arising under title
2 through 7 of this act, the accused, upon demand, shall be en-
titled to a trial by jury. Upon conviction, the accused shall not be
fined more than $1,000 or imprisoned for more than 6 months.
2. An acquittal or conviction in a prosecution for a specific
crime under laws of the United States shall bar a proceeding for
criminal contempt, which is based upon the same act or omission
and which arises under the provisions of the act. Similarly, ac-
quittal or conviction in a criminal contempt proceeding shall bar
a prosecution for a specific crime under the laws of the United
States based upon the same act or omission.

3. Nothing contained in this act shall be construed as an intent
on the part of Congress to preempt and thereby invalidate a State
law on the same subject unless such State law, or part thereof,
is inconsistent to and contrary in intent with the purposes and
provisions of this act.

4. Existing legal rights of the United States are in no way denied
or impaired by the enactment of this act.

5. Such sums of money are appropriated as are necessary to
carry out the provisions of this act.

3. Same.

Statement by House Manager on Senate Substitute

EDITORS' NOTE: Before final passage of the Civil Rights Act of 1964 by the House, Congressman Celler (D., N. Y.), the floor manager for the bill in the House, explained the changes that had been made in the House bill by the Senate substitute. The House then voted to accept the Senate substitute without change. The text of Congressman Celler's explanation of the changes made in Titles VII and XI follows.