House version

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,
respectively.)

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-
mittees.

(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
particular business.

(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.

Senate version

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 addition, 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 employment opportunities for Federal employees without discrimination because of race, color, religion, sex or national origin and the President shall utilize his existing authority to effectuate this policy.

2. Same.

3.

(a) Same. In addition, the title shall not apply to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.

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.

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.

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 oc-
curring more than 6 months prior to the filing of the charge.

5.

(a) Same, except that cooperation may only be extended upon request. (b) Same.

(c) Same, except that assistance may also be extended to labor organizations.

7. If the Commission determines, after an investigation, that reasonable cause exists to believe that the charge is true, the Commission 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 Commission without the written consent of the partics. (The authority to investigate and attempt conciliation is dependent upon requirements 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.