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Civil Rights Act
In a nationally televised address on June 6, 1963, President John F. Kennedy urged the nation to take action toward guaranteeing equal treatment of every American regardless of race. Soon after, Kennedy proposed that Congress consider civil rights legislation that would address voting rights, public accommodations, school desegregation, nondiscrimination in federally assisted programs, and more.
Despite Kennedy’s assassination in November of 1963, his proposal culminated in the Civil Rights Act of 1964, signed into law by President Lyndon Johnson just a few hours after House approval on July 2, 1964. The act outlawed segregation in businesses such as theaters, restaurants, and hotels. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools.
Passage of the act was not easy. House opposition bottled up the bill in the House Rules Committee. In the Senate, opponents attempted to talk the bill to death in a filibuster. In early 1964, House supporters overcame the Rules Committee obstacle by threatening to send the bill to the floor without committee approval. The Senate filibuster was overcome through the floor leadership of Senator Hubert Humphrey of Minnesota, the considerable support of President Lyndon Johnson, and the efforts of Senate Minority Leader Everett Dirksen of Illinois, who convinced Republicans to support the bill.
CIVIL RIGHTS ACT OF 1964 Document Number: PL 88-352 Date: 02 JUL 64 88th Congress, H. R. 7152 An Act To enforce the constitutional right to
vote, to confer jurisdiction upon the district courts of the United States to
provide injunctive relief against discrimination in public accommodations, to
authorize the Attorney General to institute suits to protect constitutional
rights in public facilities and public education, to extend the Commission on
Civil Rights, to prevent discrimination in federally assisted programs, to
establish a Commission on Equal Employment Opportunity, and for other purposes. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled, That this
Act may be cited as the "Civil Rights Act of 1964". TITLE I--VOTING RIGHTS SEC. 101. Section 2004 of the
Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights
Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil
Rights Act of 1960 (74 Stat. 90), is further amended as follows: (a) Insert "1" after "(a)" in subsection
(a) and add at the end of subsection (a) the following new paragraphs: "(2) No person acting under color of law
shall-- "(A) in determining whether any individual
is qualified under State law or laws to vote in any Federal election, apply any
standard, practice, or procedure different from the standards, practices, or
procedures applied under such law or laws to other individuals within the same
county, parish, or similar political subdivision who have been found by State
officials to be qualified to vote; "(B) deny the right of any individual to
vote in any Federal election because of an error or omission on any record or
paper relating to any application, registration, or other act requisite to
voting, if such error or omission is not material in determining whether such
individual is qualified under State law to vote in such election; or "(C) employ any literacy test as a
qualification for voting in any Federal election unless (i) such test is
administered to each individual and is conducted wholly in writing, and (ii) a
certified copy of the test and of the answers given by the individual is
furnished to him within twenty-five days of the submission of his request made
within the period of time during which records and papers are required to be
retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42
U.S.C. 1974--74e; 74 Stat. 88): Provided, however, That the Attorney General may
enter into agreements with appropriate State or local authorities that
preparation, conduct, and maintenance of such tests in accordance with the
provisions of applicable State or local law, including such special provisions
as are necessary in the preparation, conduct, and maintenance of such tests for
persons who are blind or otherwise physically handicapped, meet the purposes of
this subparagraph and constitute compliance therewith. "(3) For purposes of this subsection-- "(B) the phrase 'literacy test' includes
any test of the ability to read, write, understand, or interpret any matter." (b) Insert immediately following the
period at the end of the first sentence of subsection (c) the following new
sentence: "If in any such proceeding literacy is a relevant fact there shall be
a rebuttable presumption that any person who has not been adjudged an
incompetent and who has completed the sixth grade in a public school in, or a
private school accredited by, any State or territory, the District of Columbia,
or the Commonwealth of Puerto Rico where instruction is carried on predominantly
in the English language, possesses sufficient literacy, comprehension, and
intelligence to vote in any Federal election." (c) Add the following subsection "(f)" and
designate the present subsection "(f)" as subsection "(g)": "(f) When used in
subsection (a) or (c) of this section, the words 'Federal election' shall mean
any general, special, or primary election held solely or in part for the purpose
of electing or selecting any candidate for the office of President, Vice
President, presidential elector, Member of the Senate, or Member of the House of
Representatives." (d) Add the following subsection "(h)": "(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief justice of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such
court will lie to the Supreme Court. "It shall be the duty of the judge
designated pursuant to this section to assign the case for hearing at the
earliest practicable date and to cause the case to be in every way expedited." TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION SEC. 201. (a) All persons shall be
entitled to the full and equal enjoyment of the goods, services, facilities, and
privileges, advantages, and accommodations of any place of public accommodation,
as defined in this section, without discrimination or segregation on the ground
of race, color, religion, or national origin. (b) Each of the following establishments
which serves the public is a place of public accommodation within the meaning of
this title if its operations affect commerce, or if discrimination or
segregation by it is supported by State action: (1) any inn, hotel, motel, or other
establishment which provides lodging to transient guests, other than an
establishment located within a building which contains not more than five rooms
for rent or hire and which is actually occupied by the proprietor of such
establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or
any gasoline station; (3) any motion picture house, theater,
concert hall, sports arena, stadium or other place of exhibition or
entertainment; and (4) any establishment (A)(i) which is
physically located within the premises of any establishment otherwise covered by
this subsection, or (ii) within the premises of which is physically located any
such covered establishment, and (B) which holds itself out as serving patrons of
such covered establishment. (c) The operations of an establishment
affect commerce within the meaning of this title if (1) it is one of the
establishments described in paragraph (1) of subsection (b); (2) in the case of
an establishment described in paragraph (2) of subsection (b), it serves or
offers to serve interstate travelers or a substantial portion of the food which
it serves, or gasoline or other products which it sells, has moved in commerce;
(3) in the case of an establishment described in paragraph (3) of subsection
(b), it customarily presents films, performances, athletic teams, exhibitions,
or other sources of entertainment which move in commerce; and (4) in the case of
an establishment described in paragraph (4) of subsection (b), it is physically
located within the premises of, or there is physically located within its
premises, an establishment the operations of which affect commerce within the
meaning of this subsection. For purposes of this section, "commerce" means
travel, trade, traffic, commerce, transportation, or communication among the
several States, or between the District of Columbia and any State, or between
any foreign country or any territory or possession and any State or the District
of Columbia, or between points in the same State but through any other State or
the District of Columbia or a foreign country. (d) Discrimination or segregation by an
establishment is supported by State action within the meaning of this title if
such discrimination or segregation (1) is carried on under color of any law,
statute, ordinance, or regulation; or (2) is carried on under color of any
custom or usage required or enforced by officials of the State or political
subdivision thereof; or (3) is required by action of the State or political
subdivision thereof. (e) The provisions of this title shall not
apply to a private club or other establishment not in fact open to the public,
except to the extent that the facilities of such establishment are made
available to the customers or patrons of an establishment within the scope of
subsection (b). SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof. SEC. 203. No person shall (a)
withhold, deny, or attempt to withhold or deny, or deprive or attempt to
deprive, any person of any right or privilege secured by section 201 or 202, or
(b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or
coerce any person with the purpose of interfering with any right or privilege
secured by section 201 or 202, or (c) punish or attempt to punish any person for
exercising or attempting to exercise any right or privilege secured by section
201 or 202. SEC. 204. (a) Whenever any person
has engaged or there are reasonable grounds to believe that any person is about
to engage in any act or practice prohibited by section 203, a civil action for
preventive relief, including an application for a permanent or temporary
injunction, restraining order, or other order, may be instituted by the person
aggrieved and, upon timely application, the court may, in its discretion, permit
the Attorney General to intervene in such civil action if he certifies that the
case is of general public importance. Upon application by the complainant and in
such circumstances as the court may deem just, the court may appoint an attorney
for such complainant and may authorize the commencement of the civil action
without the payment of fees, costs, or security. (b) In any action commenced pursuant to
this title, the court, in its discretion, may allow the prevailing party, other
than the United States, a reasonable attorney's fee as part of the costs, and
the United States shall be liable for costs the same as a private person. (c) In the case of an alleged act or
practice prohibited by this title which occurs in a State, or political
subdivision of a State, which has a State or local law prohibiting such act or
practice and establishing or authorizing a State or local authority to grant or
seek relief from such practice or to institute criminal proceedings with respect
thereto upon receiving notice thereof, no civil action may be brought under
subsection (a) before the expiration of thirty days after written notice of such
alleged act or practice has been given to the appropriate State or local
authority by registered mail or in person, provided that the court may stay
proceedings in such civil action pending the termination of State or local
enforcement proceedings. (d) In the case of an alleged act or
practice prohibited by this title which occurs in a State, or political
subdivision of a State, which has no State or local law prohibiting such act or
practice, a civil action may be brought under subsection (a): Provided, That the
court may refer the matter to the Community Relations Service established by
title X of this Act for as long as the court believes there is a reasonable
possibility of obtaining voluntary compliance, but for not more than sixty days:
Provided further, That upon expiration of such sixty-day period, the court may
extend such period for an additional period, not to exceed a cumulative total of
one hundred and twenty days, if it believes there then exists a reasonable
possibility of securing voluntary compliance. SEC. 205. The Service is authorized
to make a full investigation of any complaint referred to it by the court under
section 204(d) and may hold such hearings with respect thereto as may be
necessary. The Service shall conduct any hearings with respect to any such
complaint in executive session, and shall not release any testimony given
therein except by agreement of all parties involved in the complaint with the
permission of the court, and the Service shall endeavor to bring about a
voluntary settlement between the parties. SEC. 206. (a) Whenever the Attorney
General has reasonable cause to believe that any person or group of persons is
engaged in a pattern or practice of resistance to the full enjoyment of any of
the rights secured by this title, and that the pattern or practice is of such a
nature and is intended to deny the full exercise of the rights herein described,
the Attorney General may bring a civil action in the appropriate district court
of the United States by filing with it a complaint (1) signed by him (or in his
absence the Acting Attorney General), (2) setting forth facts pertaining to such
pattern or practice, and (3) requesting such preventive relief, including an
application for a permanent or temporary injunction, restraining order or other
order against the person or persons responsible for such pattern or practice, as
he deems necessary to insure the full enjoyment of the rights herein described. (b) In any such proceeding the Attorney
General may file with the clerk of such court a request that a court of three
judges be convened to hear and determine the case. Such request by the Attorney
General shall be accompanied by a certificate that, in his opinion, the case is
of general public importance. A copy of the certificate and request for a
three-judge court shall be immediately furnished by such clerk to the chief
judge of the circuit (or in his absence, the presiding circuit judge of the
circuit) in which the case is pending. Upon receipt of the copy of such request
it shall be the duty of the chief judge of the circuit or the presiding circuit
judge, as the case may be, to designate immediately three judges in such
circuit, of whom at least one shall be a circuit judge and another of whom shall
be a district judge of the court in which the proceeding was instituted, to hear
and determine such case, and it shall be the duty of the judges so designated to
assign the case for hearing at the earliest practicable date, to participate in
the hearing and determination thereof, and to cause the case to be in every way
expedited. An appeal from the final judgment of such court will lie to the
Supreme Court. In the event the Attorney General fails to
file such a request in any such proceeding, it shall be the duty of the chief
judge of the district (or in his absence, the acting chief judge) in which the
case is pending immediately to designate a judge in such district to hear and
determine the case. In the event that no judge in the district is available to
hear and determine the case, the chief judge of the district, or the acting
chief judge, as the case may be, shall certify this fact to the chief judge of
the circuit (or in his absence, the acting chief judge) who shall then designate
a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge
designated pursuant to this section to assign the case for hearing at the
earliest practicable date and to cause the case to be in every way expedited. SEC. 207. (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. _ Database PNET_OPM Law/Reg Lib - OPM+Agency Regs 05-Jun-96 User IHS_BATEMAN 10:28 AM PL PL 88-352 02JUL64 CIVIL RIGHTS ACT OF
1964. Page 7 (b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right. TITLE III--DESEGREGATION OF PUBLIC
FACILITIES SEC. 301. (a) Whenever the Attorney
General receives a complaint in writing signed by an individual to the effect
that he is being deprived of or threatened with the loss of his right to the
equal protection of the laws, on account of his race, color, religion, or
national origin, by being denied equal utilization of any public facility which
is owned, operated, or managed by or on behalf of any State or subdivision
thereof, other than a public school or public college as defined in section 401
of title IV hereof, and the Attorney General believes the complaint is
meritorious and certifies that the signer or signers of such complaint are
unable, in his judgment, to initiate and maintain appropriate legal proceedings
for relief and that the institution of an action will materially further the
orderly progress of desegregation in public facilities, the Attorney General is
authorized to institute for or in the name of the United States a civil action
in any appropriate district court of the United States against such parties and
for such relief as may be appropriate, and such court shall have and shall
exercise jurisdiction of proceedings instituted pursuant to this section. The
Attorney General may implead as defendants such additional parties as are or
become necessary to the grant of effective relief hereunder. (b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or
persons are unable, either directly or through other interested persons or
organizations, to bear the expense of the litigation or to obtain effective
legal representation; or whenever he is satisfied that the institution of such
litigation would jeopardize the personal safety, employment, or economic
standing of such person or persons, their families, or their property. SEC. 302. In any action or proceeding
under this title the United States shall be liable for costs, including a
reasonable attorney's fee, the same as a private person. SEC. 303. Nothing in this title shall
affect adversely the right of any person to sue for or obtain relief in any
court against discrimination in any facility covered by this title. SEC. 304. A complaint as used in this
title is a writing or document within the meaning of section 1001, title 18,
United States Code. TITLE IV--DESEGREGATION OF PUBLIC
EDUCATION DEFINITIONS SEC. 401. As used in this title-- (a) "Commissioner" means the Commissioner
of Education. (b) "Desegregation" means the assignment
of students to public schools and within such schools without regard to their
race, color, religion, or national origin, but "desegregation" shall not mean
the assignment of students to public schools in order to overcome racial
imbalance. (c) "Public school" means any elementary
or secondary educational institution, and "public college" means any institution
of higher education or any technical or vocational school above the secondary
school level, provided that such public school or public college is operated by
a State, subdivision of a State, or governmental agency within a State, or
operated wholly or predominantly from or through the use of governmental funds
or property, or funds or property derived from a governmental source. (d) "School board" means any agency or
agencies which administer a system of one or more public schools and any other
agency which is responsible for the assignment of students to or within such
system. SURVEY AND REPORT OF EDUCATIONAL
OPPORTUNITIES SEC. 402. The Commissioner shall conduct a
survey and make a report to the President and the Congress, within two years of
the enactment of this title, concerning the lack of availability of equal
educational opportunities for individuals by reason of race, color, religion, or
national origin in public educational institutions at all levels in the United
States, its territories and possessions, and the District of Columbia. TECHNICAL ASSISTANCE SEC. 403. The Commissioner is authorized,
upon the application of any school board, State, municipality, school district,
or other governmental unit legally responsible for operating a public school or
schools, to render technical assistance to such applicant in the preparation,
adoption, and implementation of plans for the desegregation of public schools.
Such technical assistance may, among other activities, include making available
to such agencies information regarding effective methods of coping with special
educational problems occasioned by desegregation, and making available to such
agencies personnel of the Office of Education or other persons specially
equipped to advise and assist them in coping with such problems. TRAINING INSTITUTES SEC. 404. The Commissioner is authorized
to arrange, through grants or contracts, with institutions of higher education
for the operation of short-term or regular session institutes for special
training designed to improve the ability of teachers, supervisors, counselors,
and other elementary or secondary school personnel to deal effectively with
special educational problems occasioned by desegregation. Individuals who attend
such an institute on a full-time basis may be paid stipends for the period of
their attendance at such institute in amounts specified by the Commissioner in
regulations, including allowances for travel to attend such institute. GRANTS SEC. 405. (a) The Commissioner is
authorized, upon application of a school board, to make grants to such board to
pay, in whole or in part, the cost of-- (1) giving to teachers and other school
personnel inservice training in dealing with problems incident to desegregation,
and (2) employing specialists to advise in
problems incident to desegregation. PAYMENTS SEC. 406. Payments pursuant to a grant or
contract under this title may be made (after necessary adjustments on account of
previously made overpayments or underpayments) in advance or by way of
reimbursement, and in such installments, as the Commissioner may determine. SUITS BY THE ATTORNEY GENERAL SEC. 407. (a) Whenever the Attorney
General receives a complaint in
writing-- (1) signed by a parent or group of parents
to the effect that his or their minor children, as members of a class of persons
similarly situated, are being deprived by a school board of the equal protection
of the laws, or (2) signed by an individual, or his
parent, to the effect that he has been denied admission to or not permitted to
continue in attendance at a public college by reason of race, color, religion,
or national origin, (b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person or
persons are unable, either directly or through other interested persons or
organizations, to bear the expense of the litigation or to obtain effective
legal representation; or whenever he is satisfied that the institution of such
litigation would jeopardize the personal safety, employment, or economic
standing of such person or persons, their families, or their property. (c) The term "parent" as used in this
section includes any person standing in loco parentis. A "complaint" as used in
this section is a writing or document within the meaning of section 1001, title
18, United States Code. SEC. 408. In any action or proceeding
under this title the United States shall be liable for costs the same as a
private person. SEC. 409. Nothing in this title shall
affect adversely the right of any person to sue for or obtain relief in any
court against discrimination in public education. SEC. 410. Nothing in this title shall
prohibit classification and assignment for reasons other than race, color,
religion, or national origin. TITLE V--COMMISSION ON CIVIL RIGHTS SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71 Stat. 634) is amended to read as follows: "RULES OF PROCEDURE OF THE COMMISSION
HEARINGS "SEC. 102. (a) At least thirty days prior
to the commencement of any hearing, the Commission shall cause to be published
in the Federal Register notice of the date on which such hearing is to commence,
the place at which it is to be held and the subject of the hearing. The
Chairman, or one designated by him to act as Chairman at a hearing of the
Commission, shall announce in an opening statement the subject of the hearing. "(b) A copy of the Commission's rules
shall be made available to any witness before the Commission, and a witness
compelled to appear before the Commission or required to produce written or
other matter shall be served with a copy of the Commission's rules at the time
of service of the subpoena. "(c) Any person compelled to appear in
person before the Commission shall be accorded the right to be accompanied and
advised by counsel, who shall have the right to subject his client to reasonable
examination, and to make objections on the record and to argue briefly the basis
for such objections. The Commission shall proceed with reasonable dispatch to
conclude any hearing in which it is engaged. Due regard shall be had for the
convenience and necessity of witnesses. "(d) The Chairman or Acting Chairman may
punish breaches of order and decorum by censure and exclusion from the hearings. "(e) If the Commission determines that
evidence or testimony at any hearing may tend to defame, degrade, or incriminate
any person, it shall receive such evidence or testimony or summary of such
evidence o testimony in executive session. The Commission shall afford any
person defamed, degraded, or incriminated by such evidence or testimony an
opportunity to appear and be heard in executive session, with a reasonable
number of additional witnesses requested by him, before deciding to use such
evidence or testimony. In the event the Commission determines to release or use
such evidence or testimony in such manner as to reveal publicly the identity of
the person defamed, degraded, or incriminated, such evidence or testimony, prior
to such public release or use, shall be given at a public session, and the
Commission shall afford such person an opportunity to appear as a voluntary
witness or to file a sworn statement in his behalf and to submit brief and
pertinent sworn statements of others. The Commission shall receive and dispose
of requests from such person to subpoena additional witnesses. "(f) Except as provided in sections 102
and 105 (f) of this Act, the Chairman shall receive and the Commission shall
dispose of requests to subpoena additional witnesses. "(g) No evidence or testimony or summary
of evidence or testimony taken in executive session may be released or used in
public sessions without the consent of the Commission. Whoever releases or uses
in public without the consent of the Commission such evidence or testimony taken
in executive session shall be fined not more than $1,000, or imprisoned for not
more than one year. "(h) In the discretion of the Commission,
witnesses may submit brief and pertinent sworn statements in writing for
inclusion in the record. The Commission shall determine the pertinency of
testimony and evidence adduced at its hearings. "(i) Every person who submits data or
evidence shall be entitled to retain or, on payment of lawfully prescribed
costs, procure a copy or transcript thereof, except that a witness in a hearing
held in executive session may for good cause be limited to inspection of the
official transcript of his testimony. Transcript copies of public sessions may
be obtained by the public upon the payment of the cost thereof. An accurate
transcript shall be made of the testimony of all witnesses at all hearings,
either public or executive sessions, of the Commission or of any subcommittee
thereof. "(j) A witness attending any session of
the Commission shall receive $6 for each day's attendance and for the time
necessarily occupied in going to and returning from the same, and 10 cents per
mile for going from and returning to his place of residence. Witnesses who
attend at points so far removed from their respective residences as to prohibit
return thereto from day to day shall be entitled to an additional allowance of
$10 per day for expenses of subsistence including the time necessarily occupied
in going to "(k) The Commission shall not issue any
subpoena for the attendance and testimony of witnesses or for the production of
written or other matter which would require the presence of the party subpoenaed
at a hearing to be held outside of the State wherein the witness is found or
resides or is domiciled or transacts business, or has appointed an agent for
receipt of service of process except that, in any event, the Commission may
issue subpoenas for the attendance and testimony of witnesses and the production
of written or other matter at a hearing held within fifty miles of the place
where the witness is found or resides or is domiciled or transacts business or
has appointed an agent for receipt of service of process. "(l) The Commission shall separately state
and currently publish in the Federal Register (1) descriptions of its central
and field organization including the established places at which, and methods
whereby, the public may secure information or make requests; (2) statements of
the general course and method by which its functions are channeled and
determined, and (3) rules adopted as authorized by law. No person shall in any
manner be subject to or required to resort to rules, organization, or procedure
not so published." SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975b(a); 71 Stat. 634) is amended to read
as follows: "SEC. 103. (a) Each member of the
Commission who is not otherwise in the service of the Government of the United
States shall receive the sum of $75 per day for each day spent in the work of
the Commission, shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his usual place of residence, in accordance
with section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C
73b-2; 60 Stat. 808)." SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975(b); 71 Stat. 634) is amended to read
as follows: (5 U.S.C. 835--42; 63 Stat. 166)." SEC. 504. (a) Section 104(a) of the Civil
Rights Act of 1957 (42 U.S.C. 1975c(a); 71 Stat. 635), as amended, is further
amended to read as follows: "DUTIES OF THE COMMISSION "SEC. 104. (a) The Commission shall-- "(1) investigate allegations in writing
under oath or affirmation that certain citizens of the United States are being
deprived of their right to vote and have that vote counted by reason of their
color, race, religion, or national origin; which writing, under oath or
affirmation, shall set forth the facts upon which such belief or beliefs are
based; "(2) study and collect information
concerning legal developments constituting a denial of equal protection of the
laws under the Constitution because of race, color, religion or national origin
or in the administration of justice; "(3) appraise the laws and policies of the
Federal Government with respect to denials of equal protection of the laws under
the Constitution because of race, color, religion or national origin or in the
administration of justice; "(4) serve as a national clearinghouse for
information in respect to denials of equal protection of the laws because of
race, color, religion or national origin, including but not limited to the
fields of voting, education, housing, employment, the use of public facilities,
and transportation, or in the administration of justice; "(5) investigate allegations, made in
writing and under oath or affirmation, that citizens of the United States are
unlawfully being accorded or denied the right to vote, or to have their votes
properly counted, in any election of presidential electors, Members of the
United States Senate, or of the House of Representatives, as a result of any
patterns or practice of fraud or discrimination in the conduct of such election;
and "(6) Nothing in this or any other Act
shall be construed as authorizing the Commission, its Advisory Committees, or
any person under its supervision or control to inquire into or investigate any
membership practices or internal operations of any fraternal organization, any
college or university fraternity or sorority, any private club or any religious
organization." (b) Section 104(b) of the Civil Rights Act
of 1957 (42 U.S.C. 1975c(b); 71 Stat. 635), as amended, is further amended by
striking out the present subsection "(b)" and by substituting therefor: "(b) The Commission shall submit interim
reports to the President and to the Congress at such times as the Commission,
the Congress or the President shall deem desirable, and shall submit to the
President and to the Congress a final report of its activities, findings, and
recommendations not later than January 31, 1968." SEC. 505. Section 105(a) of the Civil
Rights Act of 1957 (42 U.S.C. 1975d(a); 71 Stat. 636) is amended by striking out
in the last sentence thereof "$50 per diem" and inserting in lieu thereof "$75
per diem." SEC. 506. Section 105(f) and section
105(g) of the Civil Rights Act of 1957 (42 U.S.C. 1975d (f) and (g); 71 Stat.
636) are amended to read as follows: "(f) The Commission, or on the
authorization of the Commission any subcommittee of two or more members, at
least one of whom shall be of each major political party, may, for the purpose
of carrying out the provisions of this Act, hold such hearings and act at such
times and places as the Commission or such authorized subcommittee may deem
advisable. Subpoenas for the attendance and testimony of witnesses or the
production of written or other matter may be issued in accordance with the rules
of the Commission as contained in section 102 (j) and (k) of this Act, over the
signature of the Chairman of the Commission or of such subcommittee, and may be
served by any person designated by such Chairman. The holding of hearings by the
Commission, or the appointment of a subcommittee to hold hearings pursuant to
this subparagraph, must be approved by a majority of the Commission, or by a
majority of the members present at a meeting at which at least a quorum of four
members is present. "(g) In case of contumacy or refusal to
obey a subpoena, any district court of the United States or the United States
court of any territory or possession, or the District Court of the United States
for the District of Columbia, within the jurisdiction of which the inquiry is
carried on or within the jurisdiction of which said person guilty of contumacy
or refusal to obey is found or resides or is domiciled or transacts business, or
has appointed an agent for receipt of service of process, upon application by
the Attorney General of the United States shall have jurisdiction to issue to
such person an order requiring such person to appear before the Commission or a
subcommittee thereof, there to produce pertinent, relevant and nonprivileged
evidence if so ordered, or there to give testimony touching the matter under
investigation; and any failure to obey such order of the court may be punished
by said court as a contempt thereof." SEC. 507. Section 105 of the Civil Rights
Act of 1957 (42 U.S.C. 1975d; 71 Stat. 636), as amended by section 401 of the
Civil Rights Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended
by adding a new subsection at the end to read as follows: "(i) The Commission shall have the power
to make such rules and regulations as are necessary to carry out the purposes of
this Act." TITLE VI--NONDISCRIMINATION IN FEDERALLY
ASSISTED PROGRAMS SEC. 601. No person in the United States
shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance. SEC. 602. Each Federal department and
agency which is empowered to extend Federal financial assistance to any program
or activity, by way of grant, loan, or contract other than a contract of
insurance or guaranty, is authorized and directed to effectuate the provisions
of section 601 with respect to such program or activity by issuing rules,
regulations, or orders of general applicability which shall be consistent with
achievement of the objectives of the statute authorizing the financial
assistance in connection with which the action is taken. No such rule,
regulation, or order shall become effective unless and until approved by the
President. Compliance with any requirement adopted pursuant to this section may
be effected (1) by the termination of or refusal to grant or to continue
assistance under such program or activity to any recipient as to whom there has
been an express finding on the record, after opportunity for hearing, of a
failure to comply with such requirement, but such termination or refusal shall
be limited to the particular political entity, or part thereof, or other
recipient as to whom such a finding has been made and, shall be limited in its
effect to the particular program, or part thereof, in which such non-compliance
has been so found, or (2) by any other means authorized by law: Provided,
however, That no such action shall be taken until the department or agency
concerned has advised the appropriate person or persons of the failure to comply
with the requirement and has determined that compliance cannot be secured by
voluntary means. In the case of any action terminating, or refusing to grant or
continue, assistance because of failure to comply with a requirement imposed
pursuant to this section, the head of the federal department or agency shall
file with the committees of the House and Senate having legislative jurisdiction
over the program or activity involved a full written report of the circumstances
and the grounds for such action. No such action shall become effective until
thirty days have elapsed after the filing of such report. SEC. 603. Any department or agency action
taken pursuant to section 602 shall be subject to such judicial review as may
otherwise be provided by law for similar action taken by such department or
agency on other grounds. In the case of action, not otherwise subject to
judicial review, terminating or refusing to grant or to continue financial
assistance upon a finding of failure to comply with any requirement imposed
pursuant to section 602, any person aggrieved (including any State or political
subdivision thereof and any agency of either) may obtain judicial review of such
action in accordance with section 10 of the Administrative Procedure Act, and
such action shall not be deemed committed to unreviewable agency discretion
within the meaning of that section. SEC. 604. Nothing contained in this title
shall be construed to authorize action under this title by any department or
agency with respect to any employment practice of any employer, employment
agency, or labor organization except where a primary objective of the Federal
financial assistance is to provide employment. SEC. 605. Nothing in this title shall add
to or detract from any existing authority with respect to any program or
activity under which Federal financial assistance is extended by way of a
contract of insurance or guaranty. TITLE VII--EQUAL EMPLOYMENT OPPORTUNITY DEFINITIONS SEC. 701. For the purposes of this title-- (a) The term "person" includes one or more
individuals, labor unions, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy, or receivers. (b) The term "employer" means a person
engaged in an industry affecting commerce who has twenty-five or more employees
for each working day in each of twenty or more calendar weeks in the current or
preceding calendar year, and any agent of such a person, but such term does not
include (1) the United States, a corporation wholly owned by the Government of
the United States, an Indian tribe, or a State or political subdivision thereof,
(2) a bona fide private membership club (other than a labor organization) which
is exempt from taxation under section 501(c) of the Internal Revenue Code of
1954: Provided, That during the first year after the effective date prescribed
in subsection (a) of section 716, persons having fewer than one hundred
employees (and their agents) shall not be considered employers, and, during the
second year after such date, persons having fewer than seventy-five employees
(and their agents) shall not be considered employers, and, during the third year
after such date, persons having fewer than fifty employees (and their agents)
shall not be considered employers: Provided further, 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. (c) The term "employment agency" means any
person regularly undertaking with or without compensation to procure employees
for an employer or to procure for employees opportunities to work for an
employer and includes an agent of such a person; but shall not include an agency
of the United States, or an agency of a State or political subdivision of a
State, except that such term shall include the United States Employment Service
and the system of State and local employment services receiving Federal
assistance. (d) The term "labor organization" means a
labor organization engaged in an industry affecting commerce, and any agent of
such an organization, and includes any organization of any kind, any agency, or
employee representation committee, group, association, or plan so engaged in
which employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor disputes, wages,
rates of pay, hours, or other terms or conditions of employment, and any
conference, general committee, joint or system board, or joint council so
engaged which is subordinate to a national or international labor organization. (e) A labor organization shall be deemed
to be engaged in an industry affecting commerce if (1) it maintains or operates
a hiring hall or hiring office which procures employees for an employer or
procures for employees opportunities to work for an employer, or (2) the number
of its members (or, where it is a labor organization composed of other labor
organizations or their representatives, if the aggregate number of the members
of such other labor organization) is (A) one hundred or more during the first
year after the effective date prescribed in subsection (a) of section 716, (B)
seventy-five or more during the second year after such date or fifty or more
during the third year, or (C) twenty-five or more thereafter, and such labor
organization-- (1) is the certified representative of
employees under the provisions of the National Labor Relations Act, as amended,
or the Railway Labor Act, as amended; (2) although not certified, is a national
or international labor organization or a local labor organization recognized or
acting as the representative of employees of an employer or employers engaged in
an industry affecting commerce; or (3) has chartered a local labor
organization or subsidiary body which is representing or actively seeking to
represent employees of employers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor
organization representing or actively seeking to represent employees within the
meaning of paragraph (1) or (2) as the local or subordinate body through which
such employees may enjoy membership or become affiliated with such labor
organization; or (5) is a conference, general committee,
joint or system board, or joint council subordinate to a national or
international labor organization, which includes a labor organization engaged in
an industry affecting commerce within the meaning of any of the preceding
paragraphs of this subsection. (f) The term "employee" means an
individual employed by an employer. (g) The term "commerce" means trade,
traffic, commerce, transportation, transmission, or communication among the
several States; or between a State and any place outside thereof; or within the
District of Columbia, or a possession of the United States; or between points in
the same State but through a point outside thereof. (h) The term "industry affecting commerce"
means any activity, business, or industry in commerce or in which a labor
dispute would hinder or obstruct commerce or the free flow of commerce and
includes any activity or industry "affecting commerce" within the meaning of the
Labor-Management Reporting and Disclosure Act of 1959. (i) The term "State" includes a State of
the United States, the District of Columbia, Puerto Rico, the Virgin Islands,
American Samoa, Guam, Wake Island, The Canal Zone, and Outer Continental Shelf
lands defined in the Outer Continental Shelf Lands Act. EXEMPTION DISCRIMINATION BECAUSE OF RACE, COLOR,
RELIGION, SEX, OR NATIONAL ORIGIN SEC. 703. (a) It shall be an unlawful
employment practice for an employer-- (1) to fail or refuse to hire or to
discharge any individual, or otherwise to discriminate against any individual
with respect to his compensation, terms, conditions, or privileges of
employment, because of such individual's race, color, religion, sex, or national
origin; or (2) to limit, segregate, or classify his
employees in any way which would deprive or tend to deprive any individual of
employment opportunities or otherwise adversely affect his status as an
employee, because of such individual's race, color, religion, sex, or national
origin. (b) It shall be an unlawful employment
practice for an employment agency to fail or refuse to refer for employment, or
otherwise to discriminate against, any individual because of his race, color,
religion, sex, or national origin, or to classify or refer for employment any
individual on the basis of his race, color, religion, sex, or national origin. (c) It shall be an unlawful employment
practice for a labor organization-- (1) to exclude or to expel from its
membership, or otherwise to discriminate against, any individual because of his
race, color, religion, sex, or national origin; (2) to limit, segregate, or classify its
membership, or to classify or fail or refuse to refer for employment any
individual, in any way which would deprive or tend to deprive any individual of
employment opportunities, or would limit such employment opportunities or
otherwise adversely affect his status as an employee or as an applicant for
employment, because of such individual's race, color, religion, sex, or national
origin; or (3) to cause or attempt to cause an
employer to discriminate against an individual in violation of this section. (d) It shall be an unlawful employment
practice for any employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training or retraining, including
on-the-job training programs to discriminate against any individual because of
his race, color, religion, sex, or national origin in admission to, or
employment in, any program established to provide apprenticeship or other
training. (e) Notwithstanding any other provision of
this title, (1) it shall not be an unlawful employment practice for an employer
to hire and employ employees, for an employment agency to classify, or refer for
employment any individual, for a labor organization to classify its membership
or to classify or refer for employment any individual, or for an employer, labor
organization, or joint labor-management committee controlling apprenticeship or
other training or retraining programs to admit or employ any individual in any
such program, on the basis of his religion, sex, or national origin in those
certain instances where religion, sex, or national origin is a bona fide
occupational qualification reasonably necessary to the normal operation of that
particular business or enterprise, and (2) it shall not be an unlawful
employment practice for a school, college, university, or other educational
institution or institution of learning to hire and employ employees of a
particular religion if such school, college, university, or other educational
institution or institution of learning is, in whole or in substantial part,
owned, supported, controlled, or managed by a particular religion or by a
particular religious corporation, association, or society, or if the curriculum
of such school, college, university, or other educational institution or
institution of learning is directed toward the propagation of a particular
religion. (f) As used in this title, the phrase
"unlawful employment practice" shall not be deemed to include any action or
measure taken by an employer, labor organization, joint labor-management
committee, or employment agency with respect to an individual who is a member of
the Communist Party of the United States or of any other organization required
to register as a Communist-action or Communist-front organization by final order
of the Subversive Activities Control Board pursuant to the Subversive Activities
Control Act of 1950. (g) Notwithstanding any other provision of
this title, it shall not be an unlawful employment practice for an employer to
fail or refuse to hire and employ any individual for any position, for an
employer to discharge any individual from any position, or for an employment
agency to fail or refuse to refer any individual for employment in any position,
or for a labor organization to fail or refuse to refer any individual for
employment in any position, if-- (1) the occupancy of such position, or
access to the premises in or upon which any part of the duties of such position
is performed or is to be performed, is subject to any requirement imposed in the
interest of the national security of the United States under any security
program in effect pursuant to or administered under any statute of the United
States or any Executive order of the President; and (2) such individual has not fulfilled or
has ceased to fulfill that requirement. (h) Notwithstanding any other provision of
this title, it shall not be an unlawful employment practice for an employer to
apply different 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)). (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. (j) Nothing contained in this title shall
be interpreted to require any employer, employment agency, labor organization,
or joint labor-management 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. 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. (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. 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. (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: (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-- (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. (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. PREVENTION OF UNLAWFUL EMPLOYMENT
PRACTICES (b) In the case of an alleged unlawful
employment practice occurring in a State, or political subdivision of a State,
which has a State or local law prohibiting the unlawful employment practice
alleged and establishing or authorizing a State or local authority to grant or
seek relief from such practice or to institute criminal proceedings with respect
thereto upon receiving notice thereof, no charge may be filed under subsection
(a) by the person aggrieved before the expiration of sixty days after
proceedings have been commenced under the State or local law, unless such
proceedings have been earlier terminated, provided that such sixty-day period
shall be extended to one hundred and twenty days during the first year after the
effective date of such State or local law. If any requirement for the
commencement of such proceedings is imposed by a State or local authority other
than a requirement of the filing of a written and signed statement of the facts
upon which the proceeding is based, the proceeding shall be deemed to have been
commenced for the purposes of this subsection at the time such statement is sent
by registered mail to the appropriate State or local authority. (c) In the case of any charge filed by a
member of the Commission alleging an unlawful employment practice occurring in a
State or political subdivision of a State, which has a State or local law
prohibiting the practice alleged and establishing or authorizing a State or
local authority to grant or seek relief from such practice or to institute
criminal proceedings with respect thereto upon receiving notice thereof, the
Commission shall, before taking any action with respect to such charge, notify
the appropriate State or local officials and, upon request, afford them a
reasonable time, but not less than sixty days (provided that such sixty-day
period shall be extended to one hundred and twenty days during the first year
after the effective day of such State or local law), unless a shorter period is
requested, to act under such State or local law to remedy the practice alleged. (d) A charge under subsection (a) shall be
filed within ninety days after the alleged unlawful employment practice
occurred, except that in the case of an unlawful employment practice with
respect to which the person aggrieved has followed the procedure set out in
subsection (b), such charge shall be filed by the person aggrieved within two
hundred and ten days after the alleged unlawful employment practice occurred, or
within thirty days after receiving notice that the State or local agency has
terminated the proceedings under the State or local, law, whichever is earlier,
and a copy of such charge shall be filed by the Commission with the State or
local agency. (e) If within thirty days after a charge
is filed with the Commission or within thirty days after expiration of any
period of reference under subsection (c) (except that in either case such period
may be extended to not more than sixty days upon a determination by the
Commission that further efforts to secure voluntary compliance are warranted),
the Commission has been unable to obtain voluntary compliance with this title,
the Commission shall so notify the person aggrieved and a civil action may,
within thirty days thereafter, be brought against the respondent named in the
charge (1) by the person claiming to be aggrieved, or (2) if such charge was
filed by a member of the Commission, by any person whom the charge alleges was
aggrieved by the alleged unlawful employment practice. Upon application by the
complainant and in such circumstances as the court may deem just, the court may
appoint an attorney for such complainant and may authorize the commencement of
the action without the payment of fees, costs, or security. Upon timely
application, the court may, in its discretion, permit the Attorney General to
intervene in such civil action if he certifies that the case is of general
public importance. Upon request, the court may, in its discretion, stay further
proceedings for not more than sixty days pending the termination of State or
local proceedings described in subsection (b) or the efforts of the Commission
to obtain voluntary compliance. (f) Each United States district court and
each United States court of a place subject to the jurisdiction of the United
States shall have jurisdiction of actions brought under this title. Such an
action may be brought in any judicial district in the State in which the
unlawful employment practice is alleged to have been committed, in the judicial
district in which the employment records relevant to such practice are
maintained and administered, or in the judicial district in which the plaintiff
would have worked but for the alleged unlawful employment practice, but if the
respondent is not found within any such district, such an action may be brought
within the judicial district in which the respondent has his principal office.
For purposes of sections 1404 and 1406 of title 28 of the United States Code,
the judicial district in which the respondent has his principal office shall in
all cases be considered a district in which the action might have been brought. (g) If the court finds that the respondent
has intentionally engaged in or is intentionally engaging in an unlawful
employment practice charged in the complaint, the court may enjoin the
respondent from engaging in such unlawful employment practice, and order such
affirmative action as may be appropriate, which may include reinstatement or
hiring of employees, with or without back pay (payable by the employer,
employment agency, or labor organization, as the case may be, responsible for
the unlawful employment practice). Interim earnings or amounts earnable with
reasonable diligence by the person or persons discriminated against shall
operate to reduce the back pay otherwise allowable. No order of the court shall
require the admission or reinstatement of an individual as a member of a union
or the hiring, reinstatement, or promotion of an individual as an employee, or
the payment to him of any back pay, if such individual was refused admission,
suspended, or expelled or was refused employment or advancement or was suspended
or discharged for any reason other than discrimination on account of race,
color, religion, sex or national origin or in violation of section 704(a). (h) The provisions of the Act entitled "An
Act to amend the Judicial Code and to define and limit the jurisdiction of
courts sitting in equity, and for other purposes," approved March 23, 1932 (29
U.S.C. 101-115), shall not apply with respect to civil actions brought under
this section. (i) In any case in which an employer,
employment agency, or labor organization fails to comply with an order of a
court issued in a civil action brought under subsection (e), the Commission may
commence proceedings to compel compliance with such order. (j) Any civil action brought under
subsection (e) and any proceedings brought under subsection (i) shall be subject
to appeal as provided in sections 1291 and 1292, title 28, United States Code. (k) In any action or proceeding under this
title the court, in its discretion, may allow the prevailing party, other than
the Commission or the United States, a reasonable attorney's fee as part of the
costs, and the Commission and the United States shall be liable for costs the
same as a private person. SEC. 707. (a) Whenever the Attorney
General has reasonable cause to believe that any person or group of persons is
engaged in a pattern or practice of resistance to the full enjoyment of any of
the rights secured by this title, and that the pattern or practice is of such a
nature and is intended to deny the full exercise of the rights herein described,
the Attorney General may bring a civil action in the appropriate district court
of the United States by filing with it a complaint (1) signed by him (or in his
absence the Acting Attorney General), (2) setting forth facts pertaining to such
pattern or practice, and (3) requesting such relief, including an application
for a permanent or temporary injunction, restraining order or other order
against the person or persons responsible for such pattern or practice, as he
deems necessary to insure the full enjoyment of the rights herein described. (b) The district courts of the United
States shall have and shall exercise jurisdiction of proceedings instituted
pursuant to this section, and in any such proceeding the Attorney General may
file with the clerk of such court a request that a court of three judges be
convened to hear and determine the case. Such request by the Attorney General
shall be accompanied by a certificate that, in his opinion, the case is of
general public importance. A copy of the certificate and request for a
three-judge court shall be immediately furnished by such clerk to the chief
judge of the circuit (or in his absence, the presiding circuit judge of the
circuit) in which the case is pending. Upon receipt of such request it shall be
the duty of the chief judge of the circuit or the presiding circuit judge, as
the case may be, to designate immediately three judges in such circuit, of whom
at least one shall be a circuit judge and another of whom shall be a district
judge of the court in which the proceeding was instituted, to hear and determine
such case, and it shall be the duty of the judges so designated to assign the
case for hearing at the earliest practicable date, to participate in the hearing
and determination thereof, and to cause the case to be in every way expedited.
An appeal from the final judgment of such court will lie to the Supreme Court. In the event the Attorney General fails to
file such a request in any such proceeding, it shall be the duty of the chief
judge of the district (or in his absence, the acting chief judge) in which the
case is pending immediately to designate a judge in such district to hear and
determine the case. In the event that no judge in the district is available to
hear and determine the case, the chief judge of the district, or the acting
chief judge, as the case may be, shall certify this fact to the chief judge of
the circuit (or in his absence, the acting chief judge) who shall then designate
a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge
designated pursuant to this section to assign the case for hearing at the
earliest practicable date and to cause the case to be in every way expedited. EFFECT ON STATE LAWS INVESTIGATIONS, INSPECTIONS, RECORDS,
STATE AGENCIES (b) The Commission may cooperate with
State and local agencies charged with the administration of State fair
employment practices laws and, with the consent of such agencies, may for the
purpose of carrying out its functions and duties under this title and within the
limitation of funds appropriated specifically for such purpose, utilize the
services of such agencies and their employees and, notwithstanding any other
provision of law, may reimburse such agencies and their employees for services
rendered to assist the Commission in carrying out this title. In furtherance of
such cooperative efforts, the Commission may enter into written agreements with
such State or local agencies and such agreements may include provisions under
which the Commission shall refrain from processing a charge in any cases or
class of cases specified in such agreements and under which no person may bring
a civil action under section 706 in any cases or class of cases so specified, or
under which the Commission shall relieve any person or class of persons in such
State or locality from requirements imposed under this section. The Commission
shall rescind any such agreement whenever it determines that the agreement no
longer serves the interest of effective enforcement of this title. (c) Except as provided in subsection (d),
every employer, employment agency, and labor organization subject to this title
shall (1) make and keep such records relevant to the determinations of whether
unlawful employment practices have been or are being committed, (2) preserve
such records for such periods, and (3) make such reports therefrom, as the
Commission shall prescribe by regulation or order, after public hearing, as
reasonable, necessary, or appropriate for the enforcement of this title or the
regulations or orders thereunder. The Commission shall, by regulation, require
each employer, labor organization, and joint labor-management committee subject
to this title which controls an apprenticeship or other training program to
maintain such records as are reasonably necessary to carry out the purpose of
this title, including, but not limited to, a list of applicants who wish to
participate in such program, including the chronological order in which such
applications were received, and shall furnish to the Commission, upon request, a
detailed description of the manner in which persons are selected to participate
in the apprenticeship or other training program. Any employer, employment
agency, labor organization, or joint labor-management committee which believes
that the application to it of any regulation or order issued under this section
would result in undue hardship may (1) apply to the Commission for an exemption
from the application of such regulation or order, or (2) bring a civil action in
the United States district court for the district where such records are kept.
If the Commission or the court, as the case may be, finds that the application
of the regulation or order to the employer, employment agency, or labor
organization in question would impose an undue hardship, the Commission or the
court, as the case may be, may grant appropriate relief. (d) The provisions of subsection (c) shall
not apply to any employer, employment agency, labor organization, or joint
labor-management committee with respect to matters occurring in any State or
political subdivision thereof which has a fair employment practice law during
any period in which such employer, employment agency, labor organization, or
joint labor-management committee is subject to such law, except that the
Commission may require such notations on records which such employer, employment
agency, labor organization, or joint labor-management committee keeps or is
required to keep as are necessary because of differences in coverage or methods
of enforcement between the State or local law and the provisions of this title.
Where an employer is required by Executive Order 10925, issued March 6, 1961, or
by any other Executive order prescribing fair employment practices for
Government contractors and subcontractors, or by rules or regulations issued
thereunder, to file reports relating to his employment practices with any
Federal agency or committee, and he is substantially in compliance with such
requirements, the Commission shall not require him to file additional reports
pursuant to subsection (c) of this section. (e) It shall be unlawful for any officer
or employee of the Commission to make public in any manner whatever any
information obtained by the Commission pursuant to its authority under this
section prior to the institution of any proceeding under this title involving
such information. Any officer or employee of the Commission who shall make
public in any manner whatever any information in violation of this subsection
shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not
more than $1,000, or imprisoned not more than one year. INVESTIGATORY POWERS (b) If the respondent named in a charge
filed under section 706 fails or refuses to comply with a demand of the
Commission for permission to examine or to copy evidence in conformity with the
provisions of section 709(a), or if any person required to comply with the
provisions of section 709 (c) or (d) fails or refuses to do so, or if any person
fails or refuses to comply with a demand by the Commission to give testimony
under oath, the United States district court for the district in which such
person is found, resides, or transacts business, shall, upon application of the
Commission, have jurisdiction to issue to such person an order requiring him to
comply with the provisions of section 709 (c) or (d) or to comply with the
demand of the Commission, but the attendance of a witness may not be required
outside the State where he is found, resides, or transacts business and the
production of evidence may not be required outside the State where such evidence
is kept. (c) Within twenty days after the service
upon any person charged under section 706 of a demand by the Commission for the
production of documentary evidence or for permission to examine or to copy
evidence in conformity with the provisions of section 709(a), such person may
file in the district court of the United States for the judicial district in
which he resides, is found, or transacts business, and serve upon the Commission
a petition for an order of such court modifying or setting aside such demand.
The time allowed for compliance with the demand in whole or in part as deemed
proper and ordered by the court shall not run during the pendency of such
petition in the court. Such petition shall specify each ground upon which the
petitioner relies in seeking such relief, and may be based upon any failure of
such demand to comply with the provisions of this title or with the limitations
generally applicable to compulsory process or upon any constitutional or other
legal right or privilege of such person. No objection which is not raised by
such a petition may be urged in the defense to a proceeding initiated by the
Commission under subsection (b) for enforcement of such a demand unless such
proceeding is commenced by the Commission prior to the expiration of the
twenty-day period, or unless the court determines that the defendant could not
reasonably have been aware of the availability of such ground of objection. (d) In any proceeding brought by the
Commission under subsection (b), except as provided in subsection (c) of this
section, the defendant may petition the court for an order modifying or setting
aside the demand of the Commission. SEC. 711. (a) Every employer, employment
agency, and labor organization, as the case may be, shall post and keep posted
in conspicuous places upon its premises where notices to employees, applicants
for employment, and members are customarily posted a notice to be prepared or
approved by the Commission setting forth excerpts from or, summaries of, the
pertinent provisions of this title and information pertinent to the filing of a
complaint. (b) A willful violation of this section
shall be punishable by a fine of not more than $100 for each separate offense. VETERANS' PREFERENCE SEC. 712. Nothing contained in this title
shall be construed to repeal or modify any Federal, State, territorial, or local
law creating special rights or preference for veterans. RULES AND REGULATIONS SEC. 713. (a) The Commission shall have
authority from time to time to issue, amend, or rescind suitable procedural
regulations to carry out the provisions of this title. Regulations issued under
this section shall be in conformity with the standards and limitations of the
Administrative Procedure Act. (b) In any action or proceeding based on
any alleged unlawful employment practice, no person shall be subject to any
liability or punishment for or on account of (1) the commission by such person
of an unlawful employment practice if he pleads and proves that the act or
omission complained of was in good faith, in conformity with, and in reliance on
any written interpretation or opinion of the Commission, or (2) the failure of
such person to publish and file any information required by any provision of
this title if he pleads and proves that he failed to publish and file such
information in good faith, in conformity with the instructions of the Commission
issued under this title regarding the filing of such information. Such a
defense, if established, shall be a bar to the action or proceeding,
notwithstanding that (A) after such act or omission, such interpretation or
opinion is modified or rescinded or is determined by judicial authority to be
invalid or of no legal effect, or (B) after publishing or filing the description
and annual reports, such publication or filing is determined by judicial
authority not to be in conformity with the requirements of this title. FORCIBLY RESISTING THE COMMISSION OR ITS
REPRESENTATIVES SEC. 714. The provisions of section 111,
title 18, United States Code, shall apply to officers, agents, and employees of
the Commission in the performance of their official duties. SPECIAL STUDY BY SECRETARY OF LABOR EFFECTIVE DATE (b) Notwithstanding subsection (a),
sections of this title other than sections 703, 704, 706, and 707 shall become
effective immediately. (c) The President shall, as soon as
feasible after the enactment of this title, convene one or more conferences for
the purpose of enabling the leaders of groups whose members will be affected by
this title to become familiar with the rights afforded and obligations imposed
by its provisions, and for the purpose of making plans which will result in the
fair and effective administration of this title when all of its provisions
become effective. The President shall invite the participation in such
conference or conferences of (1) the members of the President's Committee on
Equal Employment Opportunity, (2) the members of the Commission on Civil Rights,
(3) representatives of State and local agencies engaged in furthering equal
employment opportunity, (4) representatives of private agencies engaged in
furthering equal employment opportunity, and (5) representatives of employers,
labor organizations, and employment agencies who will be subject to this title. TITLE VIII--REGISTRATION AND VOTING
STATISTICS SEC. 801. The Secretary of Commerce shall
promptly conduct a survey to compile registration and voting statistics in such
geographic areas as may be recommended by the Commission on Civil Rights. Such a
survey and compilation shall, to the extent recommended by the Commission on
Civil Rights, only include a count of persons of voting age by race, color, and
national origin, and determination of the extent to which such persons are
registered to vote, and have voted in any statewide primary or general election
in which the Members of the United States House of Representatives are nominated
or elected, since January 1, 1960. Such information shall also be collected and
compiled in connection with the Nineteenth Decennial Census, and at such other
times as the Congress may prescribe. The provisions of section 9 and chapter 7
of title 13, United States Code, shall apply to any survey, collection, or
compilation of registration and voting statistics carried out under this title:
Provided, however, That no person shall be compelled to disclose his race,
color, national origin, or 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 orally, by
written survey or questionnaire or by any other means with respect to such
information shall be fully advised with respect to his right to fail or refuse
to furnish such information. TITLE IX--INTERVENTION AND PROCEDURE AFTER
REMOVAL IN CIVIL RIGHTS CASES SEC. 901. Title 28 of the United States Code, section 1447(d), is amended to read as follows: "An order remanding a case to the State
court from which it was removed is not reviewable on appeal or otherwise, except
that an order remanding a case to the State court from which it was removed
pursuant to section 1443 of this title shall be reviewable by appeal or
otherwise." SEC. 902. Whenever an action has been
commenced in any court of the United States seeking relief from the denial of
equal protection of the laws under the fourteenth amendment to the Constitution
on account of race, color, religion, or national origin, the Attorney General
for or in the name of the United States may intervene in such action upon timely
application if the Attorney General certifies that the case is of general public
importance. In such action the United States shall be entitled to the same
relief as if it had instituted the action. TITLE X--ESTABLISHMENT OF COMMUNITY
RELATIONS SERVICE SEC. 1001. (a) There is hereby established
in and as a part of the Department of Commerce a Community Relations Service
(hereinafter referred to as the "Service"), which shall be headed by a Director
who shall be appointed by the President with the advice and consent of the
Senate for a term of four years. The Director is authorized to appoint, subject
to the civil service laws and regulations, such other personnel as may be
necessary to enable the Service to carry out its functions and duties, and to
fix their compensation in accordance with the Classification Act of 1949, as
amended. The Director is further authorized to procure services as authorized by
section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at
rates for individuals not in excess of $75 per diem. (b) Section 106(a) of the Federal
Executive Pay Act of 1956, as amended (5 U.S.C. 2205(a)), is further amended by
adding the following clause thereto: "(52) Director, Community Relations
Service." SEC. 1002. It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin which impair the rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce. The Service may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person. SEC. 1003. (a) The Service shall, whenever
possible, in performing its functions, seek and utilize the cooperation of
appropriate State or local, public, or private agencies. (b) The activities of all officers and
employees of the Service in providing conciliation assistance shall be conducted
in confidence and without publicity, and the Service shall hold confidential any
information acquired in the regular performance of its duties upon the
understanding that it would be so held. No officer or employee of the Service
shall engage in the performance of investigative or prosecuting functions of any
department or agency in any litigation arising out of a dispute in which he
acted on behalf of the Service. Any officer or other employee of the Service,
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. SEC. 1004. Subject to the provisions of
sections 205 and 1003(b), the Director shall, on or before January 31 of each
year, submit to the Congress a report of the activities of the Service during
the preceding fiscal year. TITLE XI--MISCELLANEOUS SEC. 1101. In any proceeding for criminal
contempt arising under title II, III, IV, V, VI, or VII of this Act, the
accused, upon demand therefor, shall be entitled to a trial by jury, which shall
conform as near as may be to the practice in criminal cases. Upon conviction,
the accused shall not be fined more than $1,000 or imprisoned for more than six
months. This section shall not apply to contempts
committed in the presence of the court, or so near thereto as to obstruct the
administration of justice, nor to the misbehavior, misconduct, or disobedience
of any officer of the court in respect to writs, orders, or process of the
court. No person shall be convicted of criminal contempt hereunder unless the
act or omission constituting such contempt shall have been intentional, as
required in other cases of criminal contempt. Nor shall anything herein be construed to
deprive courts of their power, by civil contempt proceedings, without a jury, to
secure compliance with or to prevent obstruction of, as distinguished from
punishment for violations of, any lawful writ, process, order, rule, decree, or
command of the court in accordance with the prevailing usages of law and equity,
including the power of detention. SEC. 1102. No person should be put twice
in jeopardy under the laws of the United States for the same act or omission.
For this reason, an acquittal or conviction in a prosecution for a specific
crime under the 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 this Act; and an acquittal or conviction in a proceeding for
criminal contempt, which arises under the provisions of this Act, shall bar a
prosecution for a specific crime under the laws of the United States based upon
the same act or omission. SEC. 1103. Nothing in this Act shall be
construed to deny, impair, or otherwise affect any right or authority of the
Attorney General or of the United States or any agency or officer thereof under
existing law to institute or intervene in any action or proceeding. SEC. 1104. Nothing contained in any title
of this Act shall be construed as indicating an intent on the part of Congress
to occupy the field in which any such title operates to the exclusion of State
laws on the same subject matter, nor shall any provision of this Act be
construed as invalidating any provision of State law unless such provision is
inconsistent with any of the purposes of this Act, or any provision thereof. SEC. 1105. There are hereby authorized to
be appropriated such sums as are necessary to carry out the provisions of this
Act. SEC. 1106. If any provision of this Act or
the application thereof to any person or circumstances is held invalid, the
remainder of the Act and the application of the provision to other persons not
similarly situated or to other circumstances shall not be affected thereby. Approved July 2, 1964. LEGISLATIVE HISTORY: HOUSE REPORTS: Nos. 914, 914 pt. 2 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 110 (1964): Jan. 31; Feb. 1, 3-8: Considered in House. Feb. 10: Considered and passed House. Feb. 26: Senate placed bill on calendar. Mar. 9-14, 16-21, 23-25: Senate debated motion to consider bill. Mar. 26: Senate agreed to motion to consider bill. Mar. 30, 31; Apr. 1-3, 6-11, 13-18, 20-25, 27-30; May 1, 2, 4-8, 11-16, 18-22, 25-28; June 1-6: Considered in Senate. June 8: Motion for cloture filed in Senate. June 9: Considered in Senate. June 10: Senate adopted motion for cloture. June 11-13, 15-18: Considered in Senate. June 19: Considered and passed Senate, amended. July 2: House concurred in Senate amendments.
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