the Labor-Management Reporting and Disclosure Act of 1959, further includes any governmental industry, business, or activity.

(i) The term "State" includes a State of the United States, District of Columbia, Puerto Rico, the Virgin Islands, Ame Samoa, Guam, Wake Island, the Canal Zone, and Outer Contine Shelf lands defined in the Outer Continental Shelf Lands Act.

(j) The term "religion" includes all aspects of religious observ and practice, as well as belief, unless an employer demonstrates the is unable to reasonably accommodate to an employee's or prospe employee's, religious observance or practice without undue hardshi the conduct of the employer's business.

EXEMPTION

SEC. 702. This title shall not apply to an employer with respec the employment of aliens outside any State, or to a religious corp tion, association, educational institution, or society with respect the employment of individuals of a particular religion to perform w connected with the carrying on by such corporation, associat educational institution, or society of its activities.

DISCRIMINATION

BECAUSE OF RACE, COLOR, RELIGION, SEX,
NATIONAL ORIGIN

SEC. 703. (a) It shall be an unlawful employment practice for employer

(1) to fail or refuse to hire or to discharge any individu or otherwise to discriminate against any individual with resp to his compensation, terms, conditions, or privileges of empl ment, because of such individual's race, color, religion, sex, national origin; or

(2) to limit, segregate, or classify his employees or applicants ̧ employment in any way which would deprive or tend to depri any individual of employment opportunities or otherwise & versely affect his status as an employee, because of such in vidual's race, color, religion, sex, or national origin.

(b) It shall be an unlawful employment practice for an emplo ment agency to fail or refuse to refer for employment, or otherw to discriminate against, any individual because of his race, col religion, sex, or national origin, or to classify or refer for emplo ment any individual on the basis of his race, color, religion, sex, national origin.

(c) It shall be an unlawful employment practice for a lab organization

(1) to exclude or to expel from its membership, or otherwis to discriminate against, any individual because of his race, colo religion, sex, or national origin;

(2) to limit, segregate, or classify its membership, or applican for membership or to classify or fail or refuse to refer for employ ment any individual, in any way which would deprive or tend t deprive any individual of employment opportunities, or woul limit such employment opportunities or otherwise adversely affec his status as an employee or as an applicant for employment, be cause of such individual's race, color, religion, sex, or nationa origin; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of bis race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(f) As used in this title, the phrase "unlawful employment practice" shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

(g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

(h) Notwithstanding any other provision of this title, it shal be an unlawful employment practice for an employer to apply d ent standards of compensation, or different terms, condition privileges of employment pursuant to a bona fide seniority or system, or a system which measures earnings by quantity or quali production or to employees who work in different locations, prov that such differences are not the result of an intention to discrim because of race, color, religion, sex, or national origin, nor shall an unlawful employment practice for an employer to give and t upon the results of any professionally developed ability test prov that such test, its administration or action upon the results is designed, intended or used to discriminate because of race, c religion, sex or national origin. It shall not be an unlawful emp ment practice under this title for any employer to differentiate i the basis of sex in determining the amount of the wages or com sation paid or to be paid to employees of such employer if differentiation is authorized by the provisions of section 6(d) of Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d) (i) Nothing contained in this title shall apply to any busines enterprise on or near an Indian reservation with respect to any publ announced employment practice of such business or enterprise un which a preferential treatment is given to any individual because is an Indian living on or near a reservation.

(j) Nothing contained in this title shall be interpreted to req any employer, employment agency, labor organization, or joint lab management committee subject to this title to grant preferential tre ment to any individual or to any group because of the race, color, r gion, sex, or national origin of such individual or group on accoun an imbalance which may exist with respect to the total number or centage of persons of any race, color, religion, sex, or national ori employed by any employer, referred or classified for employment any employment agency or labor organization, admitted to memb ship or classified by any labor organization, or admitted to, or e ployed in, any apprenticeship or other training program, in compa son with the total number or percentage of persons of such race, col religion, sex, or national origin in any community, State, section, other area, or in the available work force in any community, Sta section, or other area.

OTHER UNLAWFUL EMPLOYMENT PRACTICES

SEC. 704. (a) It shall be an unlawful employment practice for employer to discriminate against any of his employees or applican for employment, for an employment agency, or joint labor-manageme committee controlling apprenticeship or other training or retrainin including on-the-job training programs, to discriminate against an individual, or for a labor organization to discriminate against an member thereof or applicant for membership, because he has oppose any practice made an unlawful employment practice by this title, because he has made a charge, testified, assisted, or participated in an manner in an investigation, proceeding, or hearing under this title.

(b) It shall be an unlawful employment practice for an employe labor organization, employment agency, or joint labor-managemen committee controlling apprenticeship or other training or retraining, in

cluding on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor-management committee indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party. Members of the Commission shall be appointed by the President by and with the advice and consent of the Senate for a term of five years. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed, and all members of the Commission shall continue to serve until their successors are appointed and qualified, except that no such member of the Commission shall continue to serve (1) for more than sixty days when the Congress is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and except as provided in subsection (b), shall appoint, in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, such officers, agents, attorneys, hearing examiners, and employees as he deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates: Provided, That assignment, removal, and compensation of hearing examiners shall be in accordance with sections 3105, 3344, 5362, and 7521 of title 5, United States Code.

(b)(1) There shall be a General Counsel of the Commission appointed by the President, by and with the advice and consent of the Senate, for a term of four years. The General Counsel shall have responsibility for the conduct of litigation as provided in sections 706 and 707 of this title. The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified.

(2) Attorneys appointed under this section may, at the directi the Commission, appear for and represent the Commission in any in court, provided that the Attorney General shall conduct all litig to which the Commission is a party in the Supreme Court pursu this title.

(c) A vacancy in the Commission shall not impair the right o remaining members to exercise all the powers of the Commission three members thereof shall constitute a quorum.

(d) The Commission shall have an official seal which sha judicially noticed.

(e) The Commission shall at the close of each fiscal year re to the Congress and to the President concerning the action it taken; the names, salaries, and duties of all individuals in its em and the moneys it has disbursed; and shall make such further rep on the cause of and means of eliminating discrimination and recommendations for further legislation as may appear desirable.

(f) The principal office of the Commission shall be in or near District of Columbia, but it may meet or exercise any or all its po at any other place. The Commission may establish such regiona State offices as it deems necessary to accomplish the purpose of title.

(g) The Commission shall have power

(1) to cooperate with and, with their consent, utilize regio State, local, and other agencies, both public and private, individuals;

(2) to pay to witnesses whose depositions are taken or who summoned before the Commission or any of its agents the s witness and mileage fees as are paid to witnesses in the cou of the United States;

(3) to furnish to persons subject to this title such techni assistance as they may request to further their compliance w this title or an order issued thereunder;

(4) upon the request of (i) any employer, whose employ or some of them, or (ii) any labor organization, whose memb or some of them, refuse or threaten to refuse to cooperate effectuating the provisions of this title, to assist in such effect tion by conciliation or such other remedial action as is provid by this title;

(5) to make such technical studies as are appropriate effectuate the purposes and policies of this title and to make t results of such studies available to the public;

(6) to intervene in a civil action brought under section 706 by aggrieved party against a respondent other than a governmen governmental agency, or political subdivision.

(h) The Commission shall, in any of its educational or promotion activities, cooperate with other departments and agencies in th performance of such educational and promotional activities.

(i) All officers, agents, attorneys, and employees of the Commissio shall be subject to the provisions of section 9 of the Act of August 1939, as amended (the Hatch Act), notwithstanding any exemptio contained in such section.

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