PUBLIC LAW 88-352-JULY 2, 1964 241 Public Law 88-352 - GovInfo

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78 STAT. ] PUBLIC LAW 88-352-JULY 2, 1964 241

Publi c La w 88-35
2 A N AC T T o enforc e th e constitutiona l righ t t o vote , t o confe r jurisdictio n upo n th

e 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.

Jul y 2 , 196
4 [H . R . 7152
] Be it enacted hy the Senate and House of Representatives of the

Vnited

States of America in Congress assembledy Tha t thi s Ac t ma y b e cite d a s th e "Civi l Eight s Ac t o f 1964"
. TITL E I - VOTIN G RIGHT S SEC . 101
. Sectio n 200
4 o f th e Revise d Statute s (4 2 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 ) Inser t "1 " afte r "(a) " i n subsectio n (a ) an d ad d a t th e en d o f subsection (a) the following new paragraphs: " (2 ) N o perso n actin g unde r colo r o f la w shall - " (A ) i n determinin g whethe r an y individua l i s qualifie d unde

r 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 ) den y th e righ t o f an y individua l t o vot e i n an y Federa

l 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 ) emplo y an y literac y tes t a s a qualificatio n fo r votin g i

n 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 -

"(A ) th e ter m 'vote ' shal l hav e th e sam e meanin g a s i n subsec

tion (e) of this section; "(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

Civi l Right s Ac t o f 1964
.

Operatio

n an d enforcement. Votin g quali fications .

Registration

, etc.

Literac

y tests . Records.

Attorne

y Gen eral .

Agreement

s wit h Stat e an d loca l authorities . "Vote. " "Literac y test."

242 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT.

"Federa l elec tion. " Suit s b y Attorne y

General

-

Appeals

.

Designatio

n o f judges . presumptio n tha t an y perso n wh o ha s no t bee n adjudge d a n incompe ten t an d wh o ha s complete d th e sixt h grad e i n a publi c schoo l in , o r a privat e schoo l accredite d by , an y Stat e o r territory , th e Distric t o f

Columbia

, o r th e Commonwealt h o f Puert o Ric o wher e instructio n i s carrie d o n predominantl y i n th e Englis h language , possesse s suffi cien t literacy , comprehension , an d intelligenc e t o vot e i n an y Federa l election. " (c ) Ad d th e followin g subsectio n "(f) " an d designat e th e presen t subsectio n "(f) " a s subsectio n "(g)" : "(f ) Whe n use d i n subsectio n (a ) o r (c ) o f thi s section , th e word s 'Federa l election ' shal l mea n an y general , speqial , o r primar y electio n hel d solel y o r i n par t fo r th e purpos e o f electin g o r selectin g an y candidat e fo r th e offic e o f President , Vic e President , presidentia l elector . Membe r o f th e Senate , o r Membe r o f th e Hous e o f Repre sentatives. " (d ) Ad d th e followin g subsectio n " (h)" : "(h ) I n an y proceedin g institute d b y th e Unite d State s i n an y distric t cour t o f th e Unite d State s unde r thi s sectio n i n whic h th e

Attorne

y Genera l request s a finding o f a patter n o r practic e o f discriminatio n pursuan t t o subsectio n (e ) o f thi s sectio n th e Attorne y

General

, a t th e tim e h e files th e complaint , o r an y defendan t i n th e proceeding , withi n twent y day s afte r servic e upo n hi m o f th e com plaint , ma y file wit h th e cler k o f suc h cour t a reques t tha t a cour t o f thre e judge s b e convene d t o hea r an d determin e th e entir e case . A cop y o f th e reques t fo r a three-judg e cour t shal l b e immediatel y fur nishe d b y suc h cler k t o th e chie f judg e o f th e circui t (o r i n hi s absence , th e presidin g circui t judg e o f th e circuit ) i n whic h th e cas e i s pending . Upo n receip t o f th e cop y o f suc h reques t i t shal l b e th e dut y o f th e chie f judg e o f th e circui t o r th e presidin g circui t judge , a s th e cas e ma y be , t o designat e immediatel y thre e judge s i n suc h circuit , o f whor a a t leas t on e shal l b e a circui t judg e an d anothe r o f who m shal l b e a distric t judg e o f th e cour t i n whic h th e proceedin g wa s instituted , t o hea r an d determin e suc h case , an d i t shal l b e th e dut y o f th e judge s s o designate d t o assig n th e cas e fo r hearin g a t th e earlies t practicabl e date , t o participat e i n th e hearin g an d determina tio n thereof , an d t o caus e th e cas e t o b e i n everj ^ wa y expedited . A n appea l fro m th e final judgmen t o f suc h cour t wil l li e t o th e Suprem e Court . "I n an y proceedin g brough t unde r subsectio n (c ) o f thi s sectio n t o enforc e subsectio n (b ) o f thi s section , o r i n th e even t neithe r th e

Attorne

y Genera l no r an y defendan t files a reques t fo r a three-judg e cour t i n an y proceedin g authorize d b y thi s subsection , i t shal l b e th e dut y o f th e chie f judg e o f th e district , (o r i n hi s absence , th e actin g chie f judge ) i n whic h th e cas e i s pendin g immediatel y t o designat e a judg e i n suc h distric t t o hea r an d determin e th e case . I n th e even t tha t n o judg e i n th e distric t i s availabl e t o hea r an d determin e th e case , th e chie f judg e o f th e district , o r th e actin g chie f judge , a s th e cas e ma y be , shal l certif y thi s fac t t o th e chie f judg e o f th e circui t (or , i n hi s absence , th e actin g chie f judge ) wh o shal l the n designat e a distric t o r circui t judg e o f th e circui t t o hea r an d determin e th e case . "I t shal l b e th e dut y o f th e judg e designate d pursuan t t o thi s sec tio n t o assig n th e cas e fo r hearin g a t th e earlies t practicabl e dat e an d t o caus e th e cas e t o b e i n ever y wa y expedited. "

78 STAT. ] PUBLIC LAW 88-352-JULY 2, 1964 243

TITL E II - INJUNCTIV E EELIE F AGAINS T DISCRIMINA TIO N I N PLACE S O F PUBLI C ACCOMMODATIO N SEC . 201
. (a ) Al l person s shal l b e entitle d t o th e ful l an d equa

l enjoyment of the goods, services, facilities, 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 ) Eac h o f th e followin g establishment s whic h serve s th e publi

c 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 ) an y inn , hotel , motel , o r othe r establishmen t whic h pro

vides 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 ) an y restaurant , cafeteria , lunchroom , lunc h counter , sod

a fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facilitv located on the premises of any retail establishment; or any gasoline station;

(3 ) an y motio n pictur e house , theater , concer t hall , sport s arena, stadium or other place of exhibition or entertainment; and (4 ) an y establishmen t (A ) (i ) whic h i s physicall y locate

d 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 ) Th e operation s o f a n establishmen t affec t commerc e withi n th

e 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 w^hich 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 ) Discriminatio n o r segregatio n b y a n establishmen t i s sup

ported 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 ) Th e provision s o f thi s titl e shal l no t appl y t o a privat e clu

b or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available

Equa l access .

Establishment

s affectin g inter stat e commerce .

Lodgings

.

Restaurants

, etc .

Theaters

, sta diums , etc . Othe r covere d establishments .

Operation

s af fecting commerce criteria. "Commerce. "

Suppor

t b y Stat e action .

Privat

e estab lishments .

244 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT.

Entitlement

.

Interference

.

Restrainin

g orders, etc.

Attorneys

* fees .

Notificatio

n o f State.

Communit

y Re lations Service.

Hearing

s an d inve stigations. t o th e customer s o r patron s o f a n establishmen t withi n th e scop e o f subsection (b). SEC . 202
. Al l person s shal l b e entitle d t o b e free , a t an y establish

ment or place, from discriniination 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 . 208
. N o perso n shal l (a ) withhold , deny , o r attemp t t o with

hold 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 ) Wheneve r an y perso n ha s engage d o r ther e ar

e 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 ) I n an y actio n commence d pursuan t t o thi s title , th e court , i

n 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 ) I n th e cas e o f a n allege d ac t o r practic e prohibite d b y thi s titl

e 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 ) I n th e cas e o f a n allege d ac t o r practic e prohibite d b y thi

s 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.

78 STAT. J PUBLIC LAW 88-352-JULY 2, 1964 245

Th e Servic e shal l conduc t an y hearing s wit h respec t t o an y suc h com plain t i n executiv e session , an d shal l no t releas e an y testimon y give n therei n excep t b y agreemen t o f al l partie s involve d i n th e complain t wit h th e permissio n o f th e court , an d th e Servic e shal l endeavo r t o brin g abou t a voluntar y settlemen t betwee n th e parties . SEC . 206
. (a ) Wheneve r th e Attorne y Genera l ha s reasonabl e caus e ^"" ® ^ ^ '^"°' " t ••• t a • t ' ney Cieneral. t o believ e tha t an y perso n o r grou p o f person s i s engage d i n a patter n o r practic e o f resistanc e t o th e ful l enjoymen t o f an y o f th e right s secure d b y thi s title , an d tha t th e patter n o r practic e i s o f suc h a natur e an d i s intende d t o den y th e ful l exercis e o f th e right s herei n described , th e Attorne y Genera l ma y brin g a civi l actio n i n th e appro priat e distric t cour t o f th e Unite d State s b y filing wit h i t a complain t (1 ) signe d b v hi m (o r i n hi s absenc e th e Actin g Attorne y General) , (2 ) settin g fort h fact s pertainin g t o suc h patter n o r practice , an d (3 ) requestin g suc h preventiv e relief , includin g a n applicatio n fo r a permanen t o r temporar y injunction , restrainin g orde r o r othe r orde r agains t th e perso n o r person s responsibl e fo r suc h patter n o r prac tice , a s h e deem s necessar y t o insur e th e ful l enjoymen t o f th e right s herei n described . (b ) I n an y suc h proceedin g th e Attorne y Genera l ma y file wit h th e cler k o f suc h cour t a reques t tha t a cour t o f thre e judge s b e convene d t o hea r an d determin e th e case . Suc h reques t b y th e Attorne y Gen era l shal l b e accompanie d b y a certificat e that , i n hi s opinion , th e cas e i s o f genera l publi c importance . A cop y o f th e certificat e an d reques t fo r a three-judg e cour t shal l b e immediatel y furnishe d b y suc h cler k t o th e chie f judg e o f th e circui t (o r i n hi s absence , th e presidin g circui t judg e o f th e circuit ) i n whic h th e cas e i s pending . ITpo n receip t o f th e cop y o f suc h reques t i t shal l b e th e dut y o f th e chie f judg e o f th e circui t o r th e presidin g circui t judge , a s th e cas e ma y be , t o designat e immediatel y thre e judge s i n suc h circuit , o f who m a t leas t on e shal l b e a circui t jud^ e an d anothe r o f who m shal l b e a distric t judg e o f th e cour t i n whic h th e proceedin g wa s insti tuted , t o hea r an d determin e suc h case , an d i t shal l b e th e dut y o f th e judge s s o designate d t o assig n th e cas e fo r hearin g a t th e earlies t practicabl e date , t o participat e i n th e hearin g an d determinatio n thereof , an d t o caus e th e cas e t o b e i n ever y wa y expedited . A n Appeals . appea l fro m th e final judgmen t o f suc h cour t wil l h e t o th e Suprem e Court . I n th e even t th e Attorne y Genera l fail s t o file suc h a reques t i n an y suc h proceeding , i t shal l b e th e dut y o f th e chie f judg e o f th e distric t (o r i n hi s absence , th e actin g chie i judge ) i n whic h th e cas e i s pendin g immediatel y t o designat e a judg e i n suc h distric t t o hea r an d aetermm e th e case . I n th e even t tha t n o judg e i n th e distric t i s availabl e t o hea r an d determin e th e case , th e chie f judg e o f th e district , o r th e acting ^ chie f judge , a s th e cas e ma y be , shal l certif y thi s fac t t o th e chie f judg e o f th e circui t (o r i n hi s absence , th e actin g chie f judge ) wh o shal l the n designat e a distric t o r circui t judg e o f th e circui t t o hea r an d determin e th e case . I t shal l b e th e dut y o f th e judg e designate d pursuan t t o thi s sectio n t o assig n th e cas e fo r hearin g a t th e earlies t practicabl e dat e an d t o caus e th e cas e t o b e i n ever y wa y expedited

. SEC. 207. (a) The district courts of the United States shall have .^^^S.Sol'"''^^' 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.

Designatio

n o f judges .

246 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT,

Enforcement

. Suit s b y Attor ney General. Costs , fees . 6 2 Stat . 749
. (b ) Th e remedie s provide d i n thi s titl e shal l b e th e exclusiv e mean

s 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.

TITL E III - DESEGREGATIO N O F PUBLI C FACILITIE S SEC . 301
. (a ) Wheneve r th e Attorne y Genera l receive s a complain t i n writin g signe d b y a n individua l t o th e effec t tha t h e i s bein g deprive d o f o r threatene d wit h th e los s o f hi s righ t t o th e equa l protectio n o f th e laws , o n accoun t o f hi s race , color , religion , o r nationa l origin , b y bein g denie d equa l utilizatio n o f an y publi c facilit y whic h i s owned , operated , o r manage d b y o r o n behal f o f an y Stat e o r subdivisio n thereof , othe r tha n a publi c schoo l o r publi c colleg e a s define d i n sectio n 40
1 o f titl e I V hereof , an d th e Attorne y

Genera

l believe s th e complain t i s meritoriou s an d certifie s tha t th e signe r o r signer s o f suc h complain t ar e unable , i n hi s judgment , t o initiat e an d maintai n appropriat e lega l proceeding s fo r relie f an d tha t th e institutio n o f a n actio n wil l materiall y furthe r th e orderl y progres s o f desegregatio n i n publi c facilities , th e Attorne y Genera l i s authorize d t o institut e fo r o r i n th e nam e o f th e Unite d State s a civi l actio n i n an y appropriat e distric t cour t o f th e Unite d State s agains t suc h partie s an d fo r suc h relie f a s ma y b e appropriate , an d suc h cour t shal l hav e an d shal l exercis e jurisdictio n o f proceeding s institute d pursuan t t o thi s section . Th e Attorne y Genera l ma y implea d a s defendant s suc h additiona l partie s a s ar e o r becom e necessar y t o th e gran t o f effectiv e relie f hereunder . (b ) Th e Attorne y Genera l ma y dee m a perso n o r person s unabl e t o initiat e an d maintai n appropriat e lega l proceeding s withi n th e meanin g o f subsectio n (a ) o f thi s sectio n whe n suc h perso n o r person s ar e unable , eithe r directl y o r throug h othe r intereste d person s o r organizations , t o bea r th e expens e o f th e litigatio n o r t o obtai n effec tiv e lega l representation ; o r wheneve r h e i s satisfie d tha t th e institu tio n o f suc h litigatio n woul d jeopardiz e th e persona l safety , employ ment , o r economi c standin g o f suc h perso n o r persons , thei r families , o r thei r property . SEC . 302
. I n an y actio n o r proceedin g unde r thi s titl e th e Unite d State s shal l b e liabl e fo r costs , includin g a reasonabl e attorney' s fee , th e sam e a s a privat e person . SEC . 303
. Nothin g i n thi s titl e shal l affec t adversel y th e ri^h t o f an y perso n t o su e fo r o r obtai n relie f i n an y cour t agains t discriminatio n i n an y facilit y covere d b y thi s title . SEC . 304
. A complain t a s use d i n thi s titl e i s a writin g o r documen t withi n th e meanin g o f sectio n 1001
, titl e 18 , Unite d State s Code . TITL E IV - DESEGREGATIO N O F PUBLI C EDUCATIO N

DEFINrriON

S ••Commissioner. " "Desegr e tion.»» SEC . 401
. A s use d i n thi s titl e (a ) "Commissioner " mean s th e Commissione r o f Education . (b ) "Desegregation " mean s th e assignmen t o f student s t o publi c school s an d withi n suc h school s withou t regar d t o thei r race , color , religion , o r nationa l origin , bu t "desegregation " shal l no t mea n th e assignmen t o f student s t o publi c school s i n orde r t o overcom e racia l imbalance .

78 STAT. ] PUBLIC LAW 88-352-JULY 2, 1964 247

'•Publi c school.

" (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 oj)erated 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 admin- "SCHOOI board." ister 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
. Th e Commissione r sha;l l conduc t a surve y an d mak e a ^^P"' * t ° t^

e report to the President and the Congress, within two years of the congress"! ^"'^ enactment of this title, concerning the lack of availability of equal educational opportunities for individuals hy 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
. Th e Commissione r i s authorized , upo n th e applicatio n o

f 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.

TRAININ

G INSTITUTE S SEC . 404
. Th e Commissione r i s authorize d t o arrange , throug

h grants or contracts, with institutions of higher education lor 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. Indi- stipends, etc. viduals 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.

GRANT S SEC . 405
. (a ) Th e Commissione r i s authorized , upo n applicatio n o

f 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. (b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available

31-66
7 0-65 - 1 9

Conditions

.

248 PUBLIC LAW 88-332-JULY 2, 1964 [78 STAT.

fo r grant s unde r thi s sectio n an d th e othe r application s whic h ar

e pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

PAYMENT

S SEC . 406
. Payment s pursuan t t o a gran t o r contrac t unde r thi s titl

e 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.

SUIT S B Y TH E ATTORNE Y GENERA L SEC . 407
. (a ) Wheneve r th e Attorne y Genera l receive s a complain t i n writing - (1 ) signe d b y a paren t o r grou p o f parent s t o th e effec t tha t hi s o r thei r mino r children , a s member s o f a clas s o f person s similarl y situated , ar e bein g deprive d b y a schoo l boar d o f th e equa l pro tectio n o f th e laws , o r (2 ) signe d b y a n individual , o r hi s parent , t o th e effec t tha t h e ha s bee n denie d admissio n t o o r no t permitte d t o continu e i n attendanc e a t a publi c colleg e b y reaso n o f race , color , religion , o r nationa l origin , an d th e Attorne y Genera l believe s th e complain t i s meritoriou s an

d 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 achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the LTnited 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, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. to^*u°a't^ unable Qy) ^^^ AttoTuey 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 directlyor 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. "Parent." ^^^ 'fj^g term "parent" as used in this section includes any person

"Complaint. " standin g i n loc o parentis . A "complaint " a s use d i n thi s sectio n i s

a writing or document within the meaning of section 1001, title 18, 62 Stat. 749. United States Code.

78 STAT. ] PUBLIC LAW 88-352-JULY 2,1964 249

SEC . 408
. I n an y actio n o r proceedin g unde r thi s titl e th e Unite d States shall be liable for costs the same as a private person. SEC . 409
. Nothin g i n thi s titl e shal l affec t adversel y th e righ t o f an y person to sue for or obtain relief in any court against discrimination m public education. SEC . 410
. Nothin g i n thi s titl e shal l prohibi t classificatio n an d assignment for reasons other than race, color, religion, or national origin. TITL E V - COMMISSIO N O N CIVI L EIGHT S SEC . 501
. Sectio n 10 2 o f th e Civi l Right s Ac t o f 195
7 (4 2 U.S.C . 1975a; 71 Stat. 634) is amended to read as follows: "RULE S o r PROCEDUR E O F TH E COMMISSIO N HEARING S "SEC . 102
. (a ) A t leas t thirt y day s prio r t o th e commencemen t o

f 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 cop y o f th e Commission' s rule s shal l b e mad e availabl e t

o 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 subpena.

"(c ) An y perso n compelle d t o appea r i n perso n befor e th e Com

mission 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 ) Th e Chairma n o r Actin g Chairma n ma y punis h breache s o f order and decorum by censure and exclusion from the hearings. "(e ) I f th e Commissio n determine s tha t evidenc e o r testimon y a

t any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence or 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 re-?nested by him, before deciding to use such evidence or testimony, n 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 subpena additional witnesses.

"(f ) Excep t a s provide d i n section s 10 2 an d 105(f
) o f thi s Act

, the Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses.

"(g ) N o evidenc e o r testimon y o r summar y o f evidenc e o r testi mony taken in executive session may be released or used in public

Publicatio

n i n Federal Register. Righ t o f counsel .

Executiv

e ses " sions.

Testimony

, re lease restrictions.

250 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT.

Transcrip

t copies.

Witnes

s fees .

Subpen

a o f witnesses.

Organizatio

n statement, etc. Publication in Federal Register.

Payment

s t o members. 7 5 Stat . 339
, 340
. session s withou t th e consen t o f th e Commission . Whoeve r release s o r use s i n publi c withou t th e consen t o f th e Commissio n suc h evidenc e o r testimon y take n i n executiv e sessio n shal l b e fine d no t mor e tha n $1,000 , o r imprisone d fo r no t mor e tha n on e year . "(h ) I n th e discretio n o f th e Commission , witnesse s ma y submi t brie f an d pertinen t swor n statement s i n writin g fo r inclusio n i n th e record . Th e Commissio n shal l determin e th e pertinenc y o f testimon y an d evidenc e adduce d a t it s hearings . "(i ) Ever y perso n wh o submit s dat a o r evidenc e shal l b e entitle d t o retai n or , o n paymen t o f lawfull y prescribe d costs , procur e a cop y o r transcrip t thereof , excep t tha t a witnes s i n a hearin g hel d i n execu tiv e sessio n ma y fo r goo d caus e b e limite d t o inspectio n o f th e officia l transcrip t o f hi s testimony . Transcrip t copie s o f publi c session s ma y b e obtaine d b y th e publi c upo n th e paymen t o f th e cos t thereof . A n accurat e transcrip t shal l b e mad e o f th e testimon y o f al l witnesse s a t al l hearings , eithe r publi c o r executiv e sessions , o f th e Commissio n o r o f an y subcommitte e thereof . "(j ) A witnes s attendin g an y sessio n o f th e Commissio n shal l receiv e $ 6 fo r eac h day' s attendanc e an d fo r th e tim e necessaril y occupie d i n goin g t o an d returnin g fro m th e same , an d 1 0 cent s pe r mil e fo r goin g fro m an d returnin g t o hi s plac e o f residence . Wit nesse s wh o atten d a t point s s o fa r remove d fro m thei r respectiv e residence s a s t o prohibi t retur n theret o fro m da y t o da y shal l b e entitle d t o a n additiona l allowanc e o f $1 0 pe r da y fo r expense s o f subsistence , includin g th e tim e necessaril y occupie d i n goin g t o an d returnin g fro m th e plac e o f attendance . Mileag e payment s shal l b e tendere d t o th e witnes s upo n servic e o f a subpen a issue d o n behal f o f th e Commissio n o r an y subcommitte e thereof . "(k ) Th e Commissio n shal l no t issu e an y subpen a fo r th e attend anc e an d testimon y o f witnesse s o r fo r th e productio n o f writte n o r othe r matte r whic h woul d requir e th e presenc e o f th e part y subpenae d a t a hearin g t o b e hel d outsid e o f th e Stat e wherei n th e witnes s i s foun d o r reside s o r i s domicile d o r transact s business , o r ha s appointe d a n agen t fo r receip t o f servic e o f proces s excep t that , i n an y event , th e Commissio n ma y issu e subpena s fo r th e attendanc e an d testi mon y o f witnesse s an d th e productio n o f writte n o r othe r matte r a t a hearin g hel d withi n fifty mile s o f th e plac e wher e th e witnes s i s foun d o r reside s O r i s domicile d o r transact s busines s o r ha s appointe d a n agen t fo r receip t o f servic e o f process . "(1 ) Th e Commissio n shal l separatel y stat e an d currentl y publis h i n th e Federa l Registe r (1 ) description s o f it s centra l an d field organi zatio n includin g th e establishe d place s a t which , an d method s whereby , th e publi c ma y secur e informatio n o r mak e requests ; (2 ) statement s o f th e genera l cours e an d metho d b y whic h it s function s ar e channele d an d determined , an d (3 ) rule s ad.opte d a s authorize d b y law . N o perso n shal l i n an y .manne r b e subjec t t o o r require d t o resor t t o rules , organization , o r procedur e no t s o published. " SEC . 502
. Sectio n 103(a
) o f th e Civi l Right s Ac t o f 195
7 (4 2 U.S.C .

1975b(a)

; 7 1 Stat . 634
) i s amende d t o rea d a s follows : "SEC . 103
. (a ) Eac h membe r o f th e Commissio n wh o i s no t otherwis e i n th e servic e o f th e Governmen t o f th e Unite d State s shal l receiv e th e su m o f $7 5 pe r da y fo r eac h da y spen t i n th e wor k o f th e Com mission , shal l b e pai d actua l trave l expenses , an d pe r die m i n lie u o f subsistenc e expense s whe n awa y fro m hi s usua l plac e o f residence , i n accordanc e wit h sectio n 5 o f th e Administrativ e Expense s Ac t o f 1946
, a s amende d ( 5 U.S.C . 73b-2
; 6 0 Stat . 808).
"

75 Stat. 339,

340
. 7 8 STAT . ] PUBLI C LA W 88-352-JUL
Y 2 , 196
4 25
1 SEC . 503
. Sectio n 103(b
) o f th e Civi l Right s Ac t o f 195
7 (4 2 U.S.C .

1975b(b)

; 7 1 Stat . 634
) i s amende d t o rea d a s follows : "(b ) Eac h membe r o f th e Commissio n wh o i s otherwis e i n th e serv ic e o f th e Governmen t o f th e Unite d State s shal l serv e withou t com pensatio n i n additio n t o tha t receive d fo r suc h othe r service , bu t whil e engage d i n th e wor k o f th e Commissio n shal l b e pai d actua l trave l ex penses , an d pe r die m i n lie u o f subsistenc e expense s whe n awa y fro m hi s usua l plac e o f residence , i n accordanc e wit h th e provision s o f th e Trave l Expense s Ac t o f 1949
, a s amende d ( 5 U.S.C . 835-42
; 6 3 Stat . 166).
" SEC . 504
. (a ) Sectio n 104(a
) o f th e Civi l Right s Ac t o f 195
7 (4 2 U.S.C . 1975c(a
) ; 7 1 Stat . 635)
, a s amended , i s furthe r amende d t o rea d a s follows : "DUTIE S O F TH E COMMISSIO N "SEC . 104
. (a ) Th e Commissio n shall - "(1 ) investigat e allegation s i n writin g unde r oat h o r affirma

tion 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 ) stud y an d collec t informatio n concernin g lega l develop

ments constituting a denial of equal protection or the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

" (3 ) apprais e th e law s an d policie s o f th e Federa l Governmen

t 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 ) serv e a s a nationa l clearinghous e fo r informatio n i

n 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 ) investigat e allegations , mad e i n writin g an d unde r oat

h 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 ) Nothin g i n thi s o r RHJ othe r Ac t shal l b e construe d a

s 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 ) Th e Commissio n shal l submi t interi m report s t o th e Presiden t " Repot s t o th

e and to the Congress at such times as the Commission, the Congress or congress. 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
. Sectio n 105(a
) o f th e Civi l Right s Ac t o f 195
7 (4 2 U.S.C

. 1975d (a); 71 Stat. 636) is amende by striking out in the last sentence thereof "$50 per diem" and inserting in lieu thereof "$75 per diem."

7 7 Stat . 271
.

252 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT.

Powers

. Ante, p . 250
. Rule s governin g grants, loans, and contracts.

Approva

l b y President. SEC . 506
. Sectio n 105(f
) an d sectio n 105(g
) o f th e Civi l Right s Act of 1957 (42 U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended to read as follows: "(f ) Th e Commission , o r o n th e authorizatio n o f th e Commissio

n 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. Subpenas 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 ) I n cas e o f contumac y o r refusa l t o obe y a subpena , an y dis

trict 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
. Sectio n 10 5 o f th e Civi l Right s Ac t o f 195
7 (4 2 U.S.C

. ]975d; 71 Stat. 686), 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 ) Th e Commissio n shal l hav e th e powe r t o mak e suc h rule s an d regulations as are necessary to carry out the purposes of this Act." TITL E VI - NONDISCRIMINATIO N I N FEDERALL Y

ASSISTE

D PROGRAM S SEC . 601
. N o perso n i n th e Unite d State s shall , o n th e groun d o

f 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
. Eac h Federa l departmen t an d agenc y whic h i s empowere

d 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 ru^'^s, 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 find-

78 STAT. ] PUBLIC LAW 88-352-JULY 2, 1964 253

in g o n th e record , afte r opportunit y fo r hearing , o f a failur e t o compl

y 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 m its effect to the particular program, or part thereof, in which such noncompliance 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
. An y departmen t o r agenc y actio n take n pursuan t t o sec

tion 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
. Nothin g containe d i n thi s titl e shal l b e construe d t

o 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
. Nothin g i n thi s titl e shal l ad d t o o r detrac t fro m an y exist

ing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

^ TITL E VII - EQUA L EMPLOYMEN T OPPORTUNIT Y

Termination

.

Judicia

l review . 6 0 Stat . 243
. 5 use 1009.

DEFINITION

S SEC . 701
. Fo r th e purpose s o f thi s title - (a ) Th e ter m "person " include s on e o r mor e individuals , labo

r unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.

(b ) Th e ter m "employer " mean s a perso n engage d i n a n industr

y 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 hun-

*'Person. " "Employer. " 68
A Stat . 163
; 74 Stat. 534. 26 use 501.

254 PUBLIC LAW 88-352-JULY 2, 1964 [78 STAT.

"Employmen t agency. " "Labo r organi zation. " 6 1 Stat . 136
. 29 use 167. 4 4 Stat . 577
; 49 Stat. 1189. 4 5 us e 151
. dre d employee s (an d thei r agents ) shal l no t b e considere d 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 ) Th e ter m "employmen t agency " mean s an y perso n regularl

y 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 ) Th e ter m "labo r organization " mean s a labo r organizatio n en

gaged 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 tor 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 ito a national or international labor organization,

(e ) A labo r organizatio n shal l b e deeme d t o b e engage d i n a n indus

try 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 ) i s th e certifie d representativ e o f employee s unde r th e pro visions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended; (2 ) althoug h no t certified , i s a nationa l o r internationa l labo

r 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 ) ha s chartere d a loca l labo r organizatio n o r subsidiar y bod

y 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 ) i s a conference , genera l committee , join t o r syste m board

, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an

78 STAT.] PUBLIC LAW 88-352-JULY 2, 1964 255

industr y affectin g commerc e withi n th e meanin g o f an y o f th

e 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 Eeporting and Disclosure Act of 1959. (i) The term "State" includes a State of the United States, the District of Columbia, Puerto Eico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

EXEMPTIO

N SEC . 702
. Thi s titl e shal l no t appl y t o a n employe r wit h respec t t

o 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 resjpect to the employment of individuals to perform work connected with the educational activities of such institution.

'Employee. " "Commerce. " "Industr y affect in g commerce. " 7 3 Stat . 519
. 2 9 us e 40
1 note . "State. " 6 7 Stat . 462
. 43 use 1331 note.

Religiou

s orga nizations, etc.

DISCRIMINATIO

N BECAUS E O F RACE , COLOR , RELIGION , SEX , O R NATIONA L ORIGI N SEC . 703
. (a ) I t shal l b e a n unlawfu l employmen t practic e fo r a

n 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, segre^te, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any

Unlawfu

l prac tices.

Employers

.

Employmen

t agency . Labo r organi zation . grams. 25
6 PUBLI C LA W 88-352-JUL
Y 2 , 196
4 [7 8 STAT . wa y whic h woul d depriv e o r ten d t o depriv e an y individua l o

f 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 ) t o caus e o r attemp t t o caus e a n employe r t o discriminat

e against an individual in violation of this section. .^"^"'"^ ^^°' (^) ^^ shall be an unlawful employment practice for any employer,

labo r organization , o r join t labor-managemen t committe e controllin

g 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. Exceptions. ^^^ Notwithstanding any other provision of this title, (1) it shall

no t b e a n unlawfu l employmen t practic e fo r a n employe r t o hir e an

d 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 instit