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 reinstatement of an individual to a labor organization or the hiring, reinstatement, 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.
Senate version
8.
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).
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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- fled, 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 Commission 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 first year after its enactment, and not to exceed $10 million for such purposes during the second year after such date.
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.
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.
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21. Deleted. (See general authorization provision in sec. 1105 or title XI.)
TITLE VII-EQUAL EMPLOYMENT OPPORTUNITY-continued
House version
22. The Secretary of Labor is directed to conduct a special study and make recommendations for legislation concerning discrimina- tion in employment because of age.
23. The title shall become effective immediately, but no proceed- ing may be commenced under the title until 1 year after the date of enactment.
TITLE VIII-REGISTRATION
1. The Bureau of the Census is directed to compile registration and voting statistics in such geographic areas as may be recom- mended by the Civil Rights Commission.
2. The compilation shall, to the extent recommended by the Civil Rights Commission, include a count of persons of voting age by race, color, and national origin, and a determination of the ex- tent to which such persons are registered to vote, and have voted in any statewide primary or general election in which Members of the U.S. House of Representatives are nominated and elected since February 1, 1960. Such compilation shall be made in the 19th decennial census (1970), and at such other times as Congress may prescribe.
3. No such provision.
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3. In any compilation made by the Bureau of the Census, pursuant to this title, no person shall be compelled to disclose his race, color or national origin, or be questioned about his political party affiliation, how he voted, or the reasons therefore, nor shall any penalty be imposed for his failure or refusal to make such disclosure. Every person interrogated with respect to such information shall be fully advised of his rights to fail or refuse to furnish such information.
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.
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 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. 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.
TITLE VII (EQUAL EMPLOYMENT OPPORTUNITY)
HOUSE
Title VII of the House bill provides that certain employers, labor unions, and employment agencies whose actions affect interstate commerce are prohibited from discriminating on the basis of race, color, religion, sex, or national origin against an individual seeking employment.
SENATE
The Senate amendment to title VII, like the amendment to title II, requires increased resort to State antidiscrimination agencies where they exist. This is consistent with the intent of the House bill.
The Senate amendment provides that a charge of an unfair employment practice must be filed by the person aggrieved or by a member of the Equal Employment Opportunities Commission which is established by this title. In the case of an alleged unlawful employment practice occurring in a State or local community which have laws prohibiting practices comparable to what is provided in this bill, the person cannot file the charge with the Commission prior to 60 days after he has instituted proceedings under the State or local law, unless such action has been earlier terminated. The bill extends this period to 120 days during the first year after enactment of a comparable State or local law. Where a charge of an unfair practice is filed by a Commission member, the Commission shall notify the appropriate State or local agency and afford them the same period of time in which to resolve the complaint.
The Equal Employment Opportunities Commission is given a maximum of 60 days in which to obtain voluntary compliance with the provisions of the law. If they are not able to do so, the aggrieved party in the case may file an action in the Federal district court in which the practice has occurred. Like title II, the Senate amendment authorizes the court to accept the case without costs, furnish the complainant legal assistance, and permit the Attorney General to intervene in the action. If the court finds that the respondent has intentionally engaged in or is intentionally engaging in unlawful practices, the court may order such affirmative action as may be appropriate.
Again, under this title the Attorney General may bring a civil action where he finds a pattern or practice of resistance to the law and may request a three Judge court to hear the case.
In addition, numerous revisions were made in the recordkeeping section of this title. The substitute language provides that where records on employment practices are required by State laws or Federal Executive orders, any additional information required by this law may be added to what is already being kept.
The Senate amendment also
First. Validates nondiscriminatory ability tests given by employers-section 703 (h);
Second. Provides that compliance with the Fair Labor Standards Act as amended satisfies the requirement of the title barring discrimination because of sex-section 703(b);
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