23 1 agencies or programs in carrying out the Federal program, 2 no State agency or program shall be so utilized if the head 3 of the Federal department or agency administering such law 4 finds that such State agency discriminates against any un 5 employed or underemployed person on the basis of race, 6 religion, color, or national origin, or that such State program 7 8 is so organized or operated as to discriminate against any unemployed or underemployed person on the basis of race, 9 religion, color, or national origin. 10 11 12 13 PUBLIC EMPLOYMENT PROGRAMS SEC. 603. Section 5 of the Act entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promo14 tion of such system, and for other purposes", approved 15 June 6, 1933, as amended (29 U.S.C. 49d), is amended 16 by adding the following new subsection at the end thereof: "(c) Whenever the Secretary shall find that any public employment office of a State is operated in such a manner (1) as to discriminate against any person because of his 17 18 19 20 21 222 race, religion, color, or national origin, or (2) as to accept or process employment orders which are discriminatory on the basis of race, color, religion, or national origin, the Secretary shall not issue any certificate to the Secretary 24 of the Treasury for payment to such State for the admin25 istration of its public employment offices." 1 2 3 24 TITLE VII-GENERAL PROVISIONS APPROPRIATIONS SEC. 701. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of 5 this Act. 7 SEC. 702. (a) Nothing in this Act shall be deemed to 8 exempt or relieve any person from any liability, duty, pen9 alty, or punishment provided by any present or future law 10 of any State or political subdivision of a State, other than 11 any such law which purports to require or permit the doing 12 of any act prohibited by this Act. 13 (b) Where there is a State or local agency which has 14 effective power to eliminate and prohibit discrimination in 15 employment in cases covered by this Act, and the Commission 16 determines the agency is effectively exercising such power, 17 the Commission shall seek written agreements with the State 18 or local agency under which the Commission shall refrain 19 from bringing a civil action in any cases or class of cases 20 referred to in such agreement. The Commission shall rescind 21 any such agreement when it determines such agency no 22 longer has such power, or is no longer effectively exercising 23 such power. 88TH CONGRESS 1ST SESSION S. 1937 IN THE SENATE OF THE UNITED STATES JULY 24, 1963 Mr. HUMPHREY (for himself, Mr. CASE, Mr. CLARK, Mr. DOUGLAS, Mr. ENGLE, Mr. GRUENING, Mr. HART, Mr. LONG of Missouri, Mr. McCARTHY, Mr. NELSON, Mrs. NEUBERGER, Mr. RANDOLPH, Mr. RIBICOFF, and Mr. WILLIAMS of New Jersey) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare A BILL To promote equal employment opportunity by securing equal treatment in the various incidents of employment, to establish an Equal Employment Opportunity Administration in the Department of Labor, and for other purposes. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Equal Em 5 ployment Opportunity Act". 6 7 FINDINGS AND DECLARATIONS OF POLICY SEC. 2. The Congress hereby finds that discrimination 8 in employment against qualified persons because of their 9 race, color, religion, or national origin has been practiced 2 1 and continues to be practiced in the United States in a man 2 ner which restricts the fair and equal opportunity of such 3 persons to earn their livelihood commensurate with their 4 talent and ability. The Congress also finds that this in5 equality of employment opportunity forces such persons into 6 substandard conditions of living, foments industrial strife 7 and domestic unrest, deprives the United States of the 8 fullest utilization of its capacities, and adversely affects the 9 domestic and foreign commerce of the United States. Ac10 cordingly, it is in the national interest that equality of 11 employment opportunity be secured in commerce and in 12 activities affecting commerce. 16 13 The Congress further finds that because of the accu14 mulated impact of prior discrimination and related disadvan15 tages in employment, education, housing, and other areas, a nationwide effort is required to secure equal employment 17 opportunity by the affirmative and conscious efforts of gov18 ernment, employers, unions, and others. Efforts to equalize 19 disparities in employment opportunity should include all of 20 the incidents and conditions of employment opportunity, 21 including not only hiring, promotion, transfer, and seniority, 22 but also recruitment and recruitment advertising, apprentice23 ship and other job training programs, access to all employ24 ment facilities and services, participation in employee or25 ganizations, and other incidents of employment opportunity |