(4) any contract for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934;

(5) any contract for public utility services, including electric light and power, water, steam, and gas;

(6) any employment contract providing for direct services to a Federal agency by an individual or individuals; and

(7) any contract with the Post Office Department, the principal purpose of which is the operation of postal contract stations. SEC. 8. For the purposes of this Act—

(a) "Secretary" means Secretary of Labor.

(b) The term "service employee" means guards, watchmen, and any person engaged in a recognized trade or craft, or other skilled mechanical craft, or in unskilled, semiskilled, or skilled manual labor occupations; and any other employee including a foreman or supervisor in a position having trade, craft, or laboring experience as the paramount requirement; and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(c) The term "compensation" means any of the payments or fringe benefits described in section 2 of this Act.

(d) The term "United States" when used in a geographical sense shall include any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston Island, and Canton Island, but shall not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country.

SEC. 9. This Act shall apply to all contracts entered into pursuant to negotiations concluded or invitations for bids issued on or after ninety days from the date of enactment of this Act.

Sec. 10. It is the intent of the Congress that determinations of minimum monetary wages and fringe benefits for the various classes of service employees under the provisions of paragraphs (1) and (2) of section 2 should be made with respect to all contracts subject to this Act, as soon as it is administratively feasible to do so. In any event, the Secretary shall make such determinations with respect to at least the following contracts subject to this Act which are entered into during the applicable fiscal year:

(1) For the fiscal year ending June 30, 1973, all contracts under which more than twenty-five service employees are to be employed. (2) For the fiscal year ending June 30, 1974, all contracts under which more than twenty service employees are to be employed.

(3) For the fiscal year ending June 30, 1975, all contracts under which more than fifteen service employees are to be employed. (4) For the fiscal year ending June 30, 1976, all contracts under which more than ten service employees are to be employed.

(5) For the fiscal year ending June 30, 1977, and for each fiscal year thereafter, all contracts under which more than five service employees are to be employed.

Approved October 22, 1965 (Public Law 89–286).

Approved October 9, 1972 (Amendments, Public Law 92–473).

2 Canton Island added by Public Law 93-57, July 6, 1973, 87 Stat. 140.

CIVIL RIGHTS ACT OF 1964

Public Law 88-352, 1964, as amended, 42 U.S.C. 2000 et seq.

Summary and Description

TITLE VI

Title VI of the Civil Rights Act stipulates: "No person in the United States shall, on ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

In essence, Title VI forbids discrimination on the basis of race, color, or national origin in any Federal or federally funded program. Each Federal agency sets up its own procedures and regulations to govern the implementation of these nondiscriminatory provisions. Title 29, Part 31 of the Labor Department Rules and Regulations sets up the provisions for the Department's enforcement of Title VI. The Office of Equal Opportunity oversees the efforts of the Department in the enforcement of these regulations. The Regional Offices of the Department under the jurisdiction of the Regional Manpower Administrators handle the day by day complaint investigation and compliance review evaluatory functions.

Title VI provides that voluntary efforts to achieve compliance should always precede mandatory legal steps.

Before an order suspending, terminating, or refusing to grant Federal financial assistance shall become effective, the following steps must have been taken:

1. The agency must advise the applicant or recipient of the failure to comply and of the agency's determination that compliance cannot be secured by voluntary means.

2. There must be an express finding on the record of a failure to comply after an opportunity for hearing.

3. There must be approval of the action terminating or suspending the Federal assistance by the head of the agency.

In any action ordering a suspension, termination, or refusal to grant Federal financial assistance, the head of the agency must file a full written report of the circumstances and grounds for such action with the Congressional committees that have jurisdiction over the program involved. Thirty days must have expired after the filing of the report before the action becomes effective.

TITLE VII

Title VII of the Civil Rights Act of 1964, "Equal Employment Opportunity," prohibits discrimination based on race, color, religion, sex,

and national origin in all terms, conditions, and privileges of employment by employers, employment agencies, and labor unions.

Title VII established the Equal Employment Opportunity Commission (EEOC) to administer the Act. The Commission is composed of five members, serving five-year terms, who are appointed by the President, with the advice and consent of the Senate. The President designates one of the five Commissioners as Chairman, and another as Vice Chairman.

Among the principal operating units within the Commission are the following offices:

Compliance, which includes the Conciliation Division

General Counsel

Office of Technical Assistance

Office of Research

State and Community Affairs
Legislative Affairs

Public Affairs

The EEOC administers the Act through its headquarters office in Washington, D.C., and 13 regional offices located in major cities throughout the country. Each of the Commission's regional offices has an attorney who is available to assist private attorneys engaged in Title VII litigation.

Aggrieved persons

FILING OF CHARGES

If a person believes that he or she is the victim of discrimination by an employer, employment agency, or labor union, that person may file a written charge or complaint at the Commission's Washington, D.C. headquarters or at any one of the regional offices located in major cities throughout the country.

A charge of employment discrimination may be filed by any person aggrieved by the conduct involved or by one of the EEOC's five Commissioners. A labor union which represents the bargaining unit involved has standing as an aggrieved person to file a charge of employment discrimination against the employer of that unit.

Instructions and charge forms are available at the Equal Employment Opportunity Commission, 1800 G Street, NW., Washington, D.C. 20506, and at regional offices. While the use of the EEOC charge form is recommended, it is not required. A charging party may file his complaint in the form of a letter or written statement, which identifies the parties and describes generally the alleged unlawful conduct or practices.

The Act has certain requirements with regard to timeliness. Accordingly, it is essential that aggrieved persons file their charges within 90 days after the alleged unlawful employment practice occurred.

In those States that have a State fair employment practices commission with authority to provide relief in cases of employment discrimination, the aggrieved person must file a charge of discrimination with the State agency prior to filing a charge with the EEOC. In such a case the Federal charge should be filed with the EEOC within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State agency has terminated the proceedings, whichever is earlier.

Where an aggrieved person files a charge with the EEOC without first filing with the appropriate State agency, the EEOC will notify the State agency, and upon request afford them a reasonable time to act under the State law.

Commissioner's charges

An individual or a group of individuals may not themselves wish to file charges of employment discrimination because they want to remain anonymous; they are not themselves aggrieved by the conduct involved; or for some other reason. They may nonetheless bring a case of employment discrimination to the attention of the Commission. In such instances, the person or group involved may write to any one of the EEOC's five Commissioners, requesting that he file a Commissioner's Charge. At the discretion of the Commissioner, a Commissioner's Charge may then be filed. This charge would also have to be filed within ninety days after the alleged unlawful employment practice occurred.

Inclusions

COVERAGE

Title VII prohibits discrimination by:

a. Employers, who have 8 or more employees.

b. Employment agencies, which regularly procure employees for an employer who is covered by Title VII. Covered employment agencies include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

c. Labor unions, which have 8 or more members, or which operate a hiring hall or office.

Exclusions

Certain categories of employers are excluded from the coverage of the Act, either completely or with regard to certain types of employees. Among the principal exemptions are the following:

a. Religious organizations, with respect to the employment of individuals whose work is connected with the organization's religious activities.

b. Education institutions with religious affiliation, on the basis of religion with regard to all their employees.

UNLAWFUL EMPLOYMENT PRACTICES

Title VII prohibits discrimination in all terms, conditions, and privileges of employment. The Act covers the entire range of the employee/employer/employment agency/union relationship. Thus, employees are entitled to be free of unlawful discrimination with regard to recruitment; classified advertising; job classification; hire; utilization of physical facilities; transfer; promotion; discharge; wages and salaries; seniority lines; testing; insurance coverage; pension and retirement benefits; referral to jobs; union membership; etc. In addition, it is unlawful for an employer, employment agency, or labor union to discharge, discipline, harass, or otherwise retaliate against any person for filing a charge; for participating in an EEOC

investigation, proceeding, or hearing; or for opposing any employment practice prohibited by Title VII.

POSTERS

Every employer, employment agency, and labor union covered by the Act is required to post in conspicuous places a notice setting forth a summary of Title VII and information about the filing of charges.

COMPLIANCE

Investigation, decision, and conciliation

When an aggrieved person or a Commissioner files a charge of discrimination, the Commission conducts an investigation of that charge. In connection with its investigation, the Commission may require the testimony of witnessses under oath and the production of relevant documentary evidence. At the conclusion of the investigation, the Commission issues a decision determining whether or not there is reasonable cause to believe that the charge is true. If the Commission finds reasonable cause to believe that the charge is true, it endeavors to eliminate the alleged unlawful employment practice by the informal methods of conference, conciliation, and persuasion.

By charging party

ENFORCEMENT

If within thirty days after a charge is filed or the time required after a charge is filed first in a local agency the Commission is unable to secure voluntary compliance with the Act through conciliation, it will so notify the parties. However the Commission may extend the period to no more than 60 days if it determines further efforts to secure voluntary compliance are warranted. Within 30 days after the receipt of such notice, the charging party or parties may institute suit in the appropriate federal district court. The charging party may institute such an action whether or not the Commission has found reasonable cause to believe that a violation of the Act has occurred, provided that the 30-day notice has been received.

The charging party or parties need not await the completion of the EEOC's case processing procedures prior to the institution of suit. With regard to a civil action instituted under Title VII, the Act provides that the court, at its discretion, may appoint an attorney for the complainant and authorize the commencement of the action without the payment of fees costs, or security. At the conclusion of suit, the court may, in its discretion award a reasonable attorney's fee to the successful party.

The Act empowers the courts to order such relief as may be appropriate to remedy the unlawful employment practices found. Accordingly the court may require the reinstatement or hiring of employees, the award of backpay, the elimination of discriminatory job classification and seniority systems, etc. Inasmuch as class relief is appropriate under Title VII, the relief ordered may affect not only the complaining parties but all other persons in the class.