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Civil rights and race relations materials, 1957-1964
H.R. 7152 Page 55
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55 1 employment practice, and order such affirmative action as 2 may be appropriate, which may include reinstatement or 3 hiring of employees, with or without back pay (payable 4 by the employer, employment agency, or labor organiza- 5 tion, as the case may be responsible for the unlawful employ- 6 ment practice). Interim earnings or amounts earnable with 7 reasonable diligence by the person or persons discriminated 8 against shall operate to reduce the back pay otherwise allow- 9 able. No order of the court shall require the admission or 10 reinstatement of an individual as a member of a union or 11 the hiring, reinstatement, or promotion of an individual as 12 an employee, or the payment to him of any back pay, if 13 such individual was refused admission, suspended, or ex- 14 pelled or was refused employment or advancement or was 15 suspended or discharged for any reason other than discrimi- 16 nation on account of race, color, religion, sex or national 17 origin or in violation of section 704(a). 18 (h) The provisions of the Act entitled "An Act to 19 amend the Judicial Code and to define and limit the juris- 20 diction of courts sitting in equity, and for other purposes," 21 approved March 23, 1932 (29 U.S.C. 101-115), shall not 22 apply with respect to civil actions brought under this section. 23 (i) In any case in which an employer, employment 24 agency, or labor organization fails to comply with an order
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55 1 employment practice, and order such affirmative action as 2 may be appropriate, which may include reinstatement or 3 hiring of employees, with or without back pay (payable 4 by the employer, employment agency, or labor organiza- 5 tion, as the case may be responsible for the unlawful employ- 6 ment practice). Interim earnings or amounts earnable with 7 reasonable diligence by the person or persons discriminated 8 against shall operate to reduce the back pay otherwise allow- 9 able. No order of the court shall require the admission or 10 reinstatement of an individual as a member of a union or 11 the hiring, reinstatement, or promotion of an individual as 12 an employee, or the payment to him of any back pay, if 13 such individual was refused admission, suspended, or ex- 14 pelled or was refused employment or advancement or was 15 suspended or discharged for any reason other than discrimi- 16 nation on account of race, color, religion, sex or national 17 origin or in violation of section 704(a). 18 (h) The provisions of the Act entitled "An Act to 19 amend the Judicial Code and to define and limit the juris- 20 diction of courts sitting in equity, and for other purposes," 21 approved March 23, 1932 (29 U.S.C. 101-115), shall not 22 apply with respect to civil actions brought under this section. 23 (i) In any case in which an employer, employment 24 agency, or labor organization fails to comply with an order
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