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
"The Commission shall have authority to examine witnesses under oath and to re- quire the production of documentary evi- dence relevant or material to the charge under investigation." It may "demand" (1) the right to examine and copy evi- dence in the possession or control of the respondent, (2) production of such evi- dence, and (3) the testimony of a witness under oath. If such a "demand" is not com- plied with, the EEOC may seek court en- forcement of its "demand". It cannot re- quire the attendance of a witness outside the State where he is found, resides, or transacts business, or the production of evidence outside the State where it is kept. (Sec. 710 (a), (b).)
Anyone served with a "demand" for ac- cess to or the production of evidence by the EEOC has 20 days in which to object. A petition for relief from a Commission "de- mand" must specify each ground upon which the petitioner seeks relief, but ob- jections not raised within 20-day period cannot be raised in defense to a proceeding to enforce the "demand", in the absence of special circumstances. (Sec. 710(c).)
law to make them available for inspection or copying. The district court having juris- diction over the place where the demand is made may be petitioned for purposes of compelling production of such records or papers. (Sec. 6(b)" (e)".)
The bill would revise the provisions of existing law relating to investigations by incorporating the provision of section 11 of the National Labor Relations Act (29 U.S.C. 161). Accordingly, the EEOC would have access to and the right to copy rele- vant evidence of a person under investiga- tion or party to a proceeding. It shall issue subpoenas to require the appearance of wit- nesses or the production of evidence upon application of a party to a proceeding. Any objection to a subpoena on grounds that the evidence sought is not relevant, must be made within five days of its being served. The attendance of a witness or the production of evidence may be required from any place in the U.S. or U.S. posses- sions and the Federal courts may be peti- tioned to compel compliance with a sub- poena. Witnesses may not refuse to com- ply with a subpoena on self-incrimination grounds, but may not be proceded against on the basis of evidence obtained from him. Complaints and all other forms of process may be served personally or by registered mail or telegraph, or by leaving a copy at the principal office for the person being served. No party shall be subpoenaed until the respondent has been served a copy of the complaint and notice of a hearing. Wit- nesses and persons deposed are entitled to similar proceedings in Federal district courts. (Sec. 7.)
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
shows that the act complained of is in good faith, in conformity with, or in reli- ance upon a written interpretation of the EEOC. No such person will be subject to any liability or punishment because of his failure to publish or file such informa- tion in good faith in conformity with in- structions of the EEOC. These good faith defenses are effective even though the in- terpretation or opinion in question is modified or rescinded or is determined by judicial authority to be invalid and even though, after publishing or filing, it is de- termined by judicial authority not to be in conformity with the provisions of Title VII. (Sec. 713(b).)
reporting, etc. Exemptions from this broad authority to delegate include the power to issue cease and desist orders, the power to modify or set aside its findings, the power to make rules of general applicability, the power to enter or rescind agreements with State and local nondiscrimination agencies whereby it refrains from processing a charge in any case or cases or to relieve certain persons from recordkeeping requirements; however, it is not given authority to provide for conduct of hearings by other than hearing officers as specified in 5 U.S.C. 556.
The EEOC may delegate to three or more of its members all of its power.
The bill also would extend criminal safe- guards against interference with officials of 18 U.S.C. 1111 and 1114 to EEOC officers, agents and employees. (Sec. 8(g).) Equal employment opportunity put under one roof:
The bill would repeal an obsolete pro- vision of existing law that directed the Secretary of Labor to make a full and complete study of the problem of age dis- crimination in employment and to report to Congress thereon by June 30, 1965. In its place the bill would add a new provi- sion transferring to the EEOC all func- tions in the area of non-discrimination by government contractors and subcontractors conferred upon the Secretary of Labor by Executive Order 11246, as amended, to- gether with necessary personnel, property, records, and unexpended balances. (Sec. 10.)
Comparison of Title VII, Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241, 253; 42 US.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. 2617 (Dominick) and H.R. 1746 (Erlenborn)
S. 2515 (Williams, et al.)
Equal employment opportunity, etc.-Con.
A new section would be added to the Act dealing with non-discrimination in em- ployment by the federal government.
All personnel actions of the U.S. and D.C. governments affecting employees or applicants for employment are to be free of discrimination on account of race, color, religion, sex, or national origin. Aliens em- ployed abroad are excluded from these provisions.
The EEOC is authorized to carry out the policy against discrimination in employ- ment by the government. It would be em- powered to issue rules, regulations, orders and instructions appropriate to this end. Department and agency heads and D.C. officials concerned are directed to comply with EEOC directives. The EEOC is ex- pressly directed to advise any complaining employee or applicant for employment of any final action on his complaint.
A complaining employee or applicant for employment aggrieved by the final dispo- sition of his complaint may, within 30 days of notification, sue the department or agency head or D.C. official concerned.
The civil suit authorized by this section is subject to the same procedures, etc., as
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