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Civil Rights Act - Title 7: 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 a 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 of 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
of fifty or more during the third year,
or (C) twentyfive 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 LaborManagement 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
Sec.
702. This title shall not apply to an employer
with respect to the employment of aliens
outside any State, or to a religious corporation,
association, or society with respect to
the employment of individuals of a particular
religion to perform work connected with
the carrying on by such corporation, association,
or society of its religious activities or
to an educational institution with respect
to the employment of individuals to perform
work connected with the educational activities
of such institution.
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 labormanagement
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 ***
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