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.)

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

Title VII

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