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Civil rights and race relations materials, 1957-1964

"Report To The Hawkeye State" by Senator Jack Miller Page 3

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not investigate membership practices and internal operations of fraternal organizations, college fraternities and sororities, and private clubs.
TITLE VI - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in or be denied the benefits of any program or activity receiving Federal financial assistance in the form of grants, loans, or contracts, but contracts of insurance or guaranty, such as F.H.A. and V.A. guaranteed loan programs and Federal Deposit Insurance on bank deposits are NOT covered by the Act.
Compliance with the foregoing is to be effected by a federal agency terminating or refusing to grant or to continue assistance under the program concerned to any recipient "as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply" with the foregoing. But such agency action shall be limited in its effect to the particular political entity (e.g., if a city violates the Act this will not mean stoppage of a program elsewhere throughout a state), or part thereof (e.g., if one school violates the Act this will not mean stoppage of a program in other schools in the school district); and the agency action shall be limited to the particular program with respect to which noncompliance has been found (e.g., if a violation exists with respect to hospital construction funds, the Department of Health, Education and Welfare could not withhold assistance under some other program). NO SUCH ACTION CAN BE TAKEN BY A FEDERAL AGENCY UNTIL THE AGENCY HAS ADVISED THE APPROPRIATE PERSONS OF THE FAILURE TO COMPLY AND HAS DETERMINED THAT COMPLIANCE CANNOT BE SECURED VOLUNTARILY; AND SUCH ACTION SHALL NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE FILING BY THE AGENCY OF A REPORT ON THE MATTER WITH THE COMMITTEES OF THE SENATE AND HOUSE HAVING JURISDICTION OVER THE PROGRAM INVOLVED; AND THE AGENCY'S ACTION IS SUBJECT TO JUDICIAL REVIEW.
TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY
It shall be an unlawful employment practice for an employer to fail 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 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. similarly with respect to membership in a labor organization. And it shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, to classify, or otherwise to discriminate against any individual because of his race, color, religion, sex, or national origin.
The term "employer" means an individual, partnership, corporation, trustee, or agent engaged in an industry affecting commerce having 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 the term "labor organization" means a labor organization engaged in an industry affecting commerce which has twenty-five or more members.
Key provisions of this title go into effect one year after the President signs the bill into law. But during the first year of operation, only employers with one hundred or more employees and labor organizations with one hundred or more members are covered; during the second year, the number drops to seventy-five or more; during the third year the number drops to fifty or more; and thereafter the number drops to twenty-five or more.
The Act does not apply to: (1) religious corporations, associations, or societies with respect to employment of individuals of a particular religion to perform work connected with the carrying on of religious activities, or to an educational institution with respect to employment of individuals to perform work connected with the educational activities of such institution; (2) the United States or a corporation wholly owned by the United States [already covered by other laws  and executive orders], a State or political subdivision thereof; (3) a bona fide private membership club exempt from taxation. Nor will it be an unlawful labor practice where employment (or membership) on the basis of religion, sex, or national origin is a "bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."
It will not be an unlawful labor practice for an employer to use: (1) different standards of compensation, different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or (2) a system which measures earnings by quantity or quality of production, or (3) a professionally designed and fairly administered aptitude examination, as long as there is no intention to discriminate because of race, color, religion, sex, or national origin. There will be no requirement to grant preferential treatment because of race, color, religion, sex, or national origin "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 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 area, or in the available work force therein.

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-3- not investigate membership practices and internal operations of fraternal organizations, college fraternities and sororities, and private clubs. TITLE VI - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in or be denied the benefits of any program or activity receiving Federal financial assistance in the form of grants, loans, or contracts, but contracts of insurance or guaranty, such as F.H.A. and V.A. guaranteed loan programs and Federal Deposit Insurance on bank deposits are NOT covered by the Act. Compliance with the foregoing is to be effected by a federal agency terminating or refusing to grant or to continue assistance under the program concerned to any recipient "as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply" with the foregoing. But such agency action shall be limited in its effect to the particular political entity (e.g., if a city violates the Act this will not mean stoppage of a program elsewhere throughout a state), or part thereof (e.g., if one school violates the Act this will not mean stoppage of a program in other schools in the school district); and the agency action shall be limited to the particular program with respect to which noncompliance has been found (e.g., if a violation exists with respect to hospital construction funds, the Department of Health, Education and Welfare could not withhold assistance under some other program). NO SUCH ACTION CAN BE TAKEN BY A FEDERAL AGENCY UNTIL THE AGENCY HAS ADVISED THE APPROPRIATE PERSONS OF THE FAILURE TO COMPLY AND HAS DETERMINED THAT COMPLIANCE CANNOT BE SECURED VOLUNTARILY; AND SUCH ACTION SHALL NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE FILING BY THE AGENCY OF A REPORT ON THE MATTER WITH THE COMMITTEES OF THE SENATE AND HOUSE HAVING JURISDICTION OVER THE PROGRAM INVOLVED; AND THE AGENCY'S ACTION IS SUBJECT TO JUDICIAL REVIEW. TITLE VII - EQUAL EMPLOYMENT OPPORTUNITY It shall be an unlawful employment practice for an employer to fail 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 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. similarly with respect to membership in a labor organization. And it shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, to classify, or otherwise to discriminate against any individual because of his race, color, religion, sex, or national origin. The term "employer" means an individual, partnership, corporation, trustee, or agent engaged in an industry affecting commerce having 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 the term "labor organization" means a labor organization engaged in an industry affecting commerce which has twenty-five or more members. Key provisions of this title go into effect one year after the President signs the bill into law. But during the first year of operation, only employers with one hundred or more employees and labor organizations with one hundred or more members are covered; during the second year, the number drops to seventy-five or more; during the third year the number drops to fifty or more; and thereafter the number drops to twenty-five or more. The Act does not apply to: (1) religious corporations, associations, or societies with respect to employment of individuals of a particular religion to perform work connected with the carrying on of religious activities, or to an educational institution with respect to employment of individuals to perform work connected with the educational activities of such institution; (2) the United States or a corporation wholly owned by the United States [already covered by other laws and executive orders], a State or political subdivision thereof; (3) a bona fide private membership club exempt from taxation. Nor will it be an unlawful labor practice where employment (or membership) on the basis of religion, sex, or national origin is a "bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." It will not be an unlawful labor practice for an employer to use: (1) different standards of compensation, different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or (2) a system which measures earnings by quantity or quality of production, or (3) a professionally designed and fairly administered aptitude examination, as long as there is no intention to discriminate because of race, color, religion, sex, or national origin. There will be no requirement to grant preferential treatment because of race, color, religion, sex, or national origin "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 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 area, or in the available work force therein.