Hearings, Reports and Prints of the Senate Committee on Labor and Public Welfare

Comparison of Title VII, Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241, 253; 42 U.S.C. 2000e et seq., as proposed to be amended by S. 2515 (Williams et al.), 92d Cong., 1st sess., S. 2617 (Dominick), and H.R. 1746 (Erlenborn), 92d Cong., 1st sess., passed by the House of Representatives, Sept. 16, 1971-Continued

S. 2515 (Williams, et al.)

S. 2617 (Dominick) and
H.R. 1746 (Erlenborn)

Title VII

Administration and enforcement-Con.
EEOC, regardless of the status of the case
or its outcome at that time. (Sec. 706
(b), (c).)

As previously noted, the charge must be
filed within 90 days of the alleged dis-
criminatory practice. If the complainant
has pursued the State or local remedy, he
may file his charge with the commission
within 210 days after the occurrence of the
activity complained of, or 30 days after
receipt of notice of termination of the
State or local proceedings, whichever is
earlier. (Sec. 706 (d).)

If attempts at voluntary compliance fail,
the EEOC is to notify the complainant.
Within 30 days of receipt of such notice, a
civil action may be brought by the person
claiming to be aggrieved, or if such charge
was filed by a Commissioner, by a person
whom the charge alleges was aggrieved by
the discriminatory practice. If the person
aggrieved files suit on his own behalf, the
court is authorized to appoint an attorney
for him and to discharge him from liability
for fees, costs, or security. (Sec. 706 (e).)

State or local counterpart. (Sec. 4(a)
"(d)".)

An unlawful employment practice charge
must be filed within 180 days after it has
occurred. This contrasts with 90 days au-
thorized under existing law. In cases
where the EEOC defers to a State or local
agency, the charge must be filed within
300 days (the law presently allows 210
in these circumstances) or within 30 days
after the person aggrieved receives notice
that the State or local agency has termi-
nated proceedings, whichever is earlier.
(Sec. 4(a)" (e)".)

If the EEOC determines that informal
methods cannot produce an acceptable con-
ciliation agreement, it can issue and serve
respondent with a complaint stating the
facts upon which the alleged unlawful em-
ployment practice is based together with
notice of an impending hearing. The
EEOC's determination in this regard is not
subject to judicial review. The hearing may
not be held less than 5 days after service
of the complaint. An EEOC member who
files a charge in a case may not partici-
pate in the case except as a witness. (Sec.
4(a)" (f)".)

Another two amendments are directed
to the provisions of Title VII which set
out the time for the filing of charges. The
first would extend the allowable time for
the filing of an unlawful employment prac-
tice charge from 90 to 180 days. The sec-
ond would make EEOC enforcement the
person aggrieved's exclusive remedy save
for deferrals to State or local FEP agen-
cies and so called "pattern or practice"
actions brought by the Attorney General.
(Sec. 3(b).)

As proposed by the bill, the EEOC would
be authorized to bring a civil action if,
within 30 days from the filing of the com-
plaint (or within 30 days of the expiration
of the time allowed for complying with the
deferral period), it determines that infor-
mal methods will not achieve voluntary
compliance. However, should the EEOC
fail or refuse to bring such proceedings
within 180 days following the filing of
a charge the person aggrieved has an addi-
tional 90 days during which to bring his
own action. He may bring his own action
in these circumstances without regard to

If permitted by the court, the Attorney
General may intervene in any action
brought by an individual under the Act.
However, before being permitted to inter-
vene, the Attorney General is required to
certify that the case is one of general
public importance. (Sec. 706 (e).)

Respondent has the right to file an
answer to the complaint and the EEOC
shall whenever reasonable grant him leave
to amend it. Respondent and person ag-
grieved are deemed to be parties and may
appear at any stage of the proceedings
with or without counsel. The EEOC has
discretion to allow persons other than
parties to intervene, file briefs, make
amicus appearances, etc. All testimony is
to be under oath and recorded in writing.
To the extent practicable, the EEOC shall
conduct its proceedings in accordance with
the rules of evidence in U.S. District
Courts. (Sec. 4(a)" (g)".)

If the EEOC finds that respondent has
engaged in an unlawful employment prac-
tice, it shall state its findings of fact and
issue and serve the parties with an order
requiring the respondent to cease and de-
sist from such unlawful employment prac-
tice and take such affirmative action as
will effectuate the policies of the Act. In-
terim earnings operate to reduce backpay
otherwise allowable. EEOC also may re-
quire respondent to make periodic reports
detailing compliance with its order. How-
ever, if EEOC does not find an unlawful

whom fileu the initial charge. As is the
current practice, the court may appoint an
attorney to represent the party aggrieved
and discharge him from any and all liabil-
ity for fees, costs, or security. Similarly,
the bill retains the provisions of title VII
which enable the Attorney General to in-
tervene in job discrimination suits for as
much as 60 days to permit further admin-
istrative efforts, at any level, to arrive at
voluntary compliance. (Sec. 3(c).)

If an employer, employment agency, or
labor organization fails to comply with a
court order, the EEOC may institute pro-
ceedings to compel compliance. (Sec. 706
(i).)

All appeals from a district court judg-
ment are to made to the courts of appeals.
(Sec. 706 (j).)

Reasonable attorney's fees are author-
ized as an element of costs. Although
neither the EEOC nor the United States is
eligible to receive attorney's fees, they are
liable for such costs the same as a private
person. (Sec. 706(k).)

employment practice, it shall state its
finding and notifying respondent, dismiss
the indictment. (Sec. 4(a)" (h)".)

After filing the charge but before filing
the record in a court, proceedings may be
ended by agreement between EEOC and
parties and EEOC may at any time, upon
reasonable notice, modify or set aside,
wholly or partly, any order or finding
issued or made by it. An agreement thus
approved by the EEOC is enforceable in
the courts in keeping with other provisions
of this bill. (Sec. 4(a)" (i)".)

Findings of fact and orders made or is-
sued are to be determined on the record
consistent with the requirements of the Ad-
ministrative Procedure Act. (Sec. 4(a)
"(j)".).

Any party aggrieved by a final EEOC
order may obtain judicial review of the
same in the U.S. Courts of Appeals. Peti-
tions for judicial review must be filed with-
in 60 days after service of the order. Re-
view of such an order may be had in the
court of appeals having jurisdiction over
the place where the act complained of oc-
curred or where respondent resides or
transacts business. A copy of the petition

is to be sent to the EEOC and to all other
parties to the administrative proceedings
and the EEOC, in turn, is to file a copy of
the record of its proceedings with the court
in accordance with 28 U.S.C. 2112. Upon fil-
ing of the petition, the court acquires juris-
diction and may issue such temporary
relief or restraining order as it deems just
and proper and enter on the record a decree
enforcing, modifying, and enforcing as so
modified, or wholly or partly setting aside
the EEOC order. Intervention by parties be-
fore EEOC is authorized. The filing of a
petition for judicial review does not stay
the contested order unless the court directs
otherwise. Objections not urged before
EEOC, its members or agents shall not be
considered by the court except in extraor-
dinary circumstances. EEOC findings on
questions of fact are conclusive if sup-
ported by substantial evidence on the whole
record. The court may direct the EEOC
to take additional evidence upon a satis-
factory showing that such evidence is ma-
terial and that there were reasonable
grounds for failing to adduce it earlier. The
record thereafter may be modified in ac-
cordance with any evidence so turned up.
Upon the filing of the record with the
court, its jurisdiction shall be exclusive
and its decree final except that it may be
reviewed by the Supreme Court. The courts
are urged to handle expeditiously all mat-
ters related to equal opportunity enforce-
ment proceedings. (Sec. 4(a) "(k)".)

The EEOC may petition the courts of
appeals for enforcement of its orders and
appropriate temporary relief or restraining
orders. Procedures are the same as those

74-699 O 72 - 131

Title VII

S. 2515 (Williams, et al,)

S. 2617 (Dominick) and
H.R. 1746 (Erlenborn)

Administration and enforcement-Con.

authorized in connection with review of
EEOC orders. (Sec. 4(a) "(1)".)

If a petition for judicial review of an
EEOC order is not timely filed (within
60 days after service of the order) the
findings of fact together with the order be-
come conclusive in any action by the EEOC
to enforce the same. Upon the filing of a
petition for enforcement by the EEOC in
these circumstances, the clerk of the court
of appeals is to enter a decree enforcing
the order and to transmit copies of the de-
cree to the EEOC and the parties. (Sec.
4(a) "(m)".)

Any person entitled to relief under an
EEOC order may move to have it enforced
if within 90 days of service of the order,
neither the losing party has sought to re-
view it nor the EEOC has moved for its
enforcement. Here also, findings of fact and
the order are deemed to be conclusive and
the clerk of the court is to enter a decree
enforcing the order and to transmit copies
of the decree to the EEOC and the parties.
(Sec. 4(a) "(n)".)

The EEOC's attorneys are authorized to
conduct all litigation involving the Com-
mission except in the Supreme Court. Titi-

« Anterior Continuar »

Libros