Civil Rights Act of 1964

Mitsubishi! > Issues > Discrimination > Civil Rights Act of 1964 > UNLAWFUL EMPLOYMENT PRACTICES


UNLAWFUL EMPLOYMENT PRACTICES

SEC. 2000e-2. [Section 703]

(a) It shall be an unlawful employment practice for an employer -

     (1) to fail or refuse 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

     (2) to limit, segregate, or classify his employees or applicants
for employment 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. 

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

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

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

     (2) to limit, segregate, or classify its membership or applicants
for membership, or to classify or fail or refuse to refer for employment
any individual, in any way which would deprive or tend to deprive any
individual of employment opportunities, or would limit such employment
opportunities or otherwise adversely affect his status as an employee or
as an applicant for employment, because of such individual's race, color,
religion, sex, or national 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 labor­management committee controlling
apprenticeship or other training or retraining, including
on­the­job training programs to discriminate against any
individual because of his 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 subchapter, (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 labor­management 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 subchapter, the phrase ``unlawful employment
practice" shall not be deemed to include any action or measure taken by
an employer, labor organization, joint labor­management 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 Communist­action or Communist­front
organization by final order of the Subversive Activities Control Board
pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C.
781 et seq.]. 

(g) Notwithstanding any other provision of this subchapter, 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 subchapter, it shall not
be an unlawful employment practice for an employer to apply different
standards of compensation, or different terms, conditions, or privileges
of employment pursuant to a bona fide seniority or merit system, or a
system which measures earnings by quantity or quality of production or to
employees who work in different locations, provided that such differences
are not the result of an intention to discriminate because of race, color,
religion, sex, or national origin, nor shall it be an unlawful employment
practice for an employer to give and to act upon the results of any
professionally developed ability test provided that such test, its
administration or action upon the results is not designed, intended or
used to discriminate because of race, color, religion, sex or national
origin. It shall not be an unlawful employment practice under this
subchapter for any employer to differentiate upon the basis of sex in
determining the amount of the wages or compensation paid or to be paid to
employees of such employer if such differentiation is authorized by the
provisions of section 206(d) of title 29 [section 6(d) of the Fair
Labor Standards Act of 1938, as amended]. 

(i) Nothing contained in this subchapter shall apply to any business or
enterprise on or near an Indian reservation with respect to any publicly
announced employment practice of such business or enterprise under which a
preferential treatment is given to any individual because he is an Indian
living on or near a reservation. 

(j) Nothing contained in this subchapter shall be interpreted to require
any employer, employment agency, labor organization, or joint
labor­management committee subject to this subchapter to grant
preferential treatment to any individual or to any group because of the
race, color, religion, sex, or national origin of such individual or group
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 employed by any employer, referred or classified for
employment by any employment agency or labor organization, admitted to
membership or classified by any labor organization, or admitted to, or
employed in, any apprenticeship or other training program, 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 in any community, State,
section, or other area. 

(k) (1) (A) An unlawful employment practice based on disparate impact
is established under this title only if-

     (i) a complaining party demonstrates that a respondent uses a
particular employment practice that causes a disparate impact on the basis
of race, color, religion, sex, or national origin and the respondent fails
to demonstrate that the challenged practice is job related for the
position in question and consistent with business necessity; or

     (ii) the complaining party makes the demonstration described in
subparagraph (C) with respect to an alternative employment practice and
the respondent refuses to adopt such alternative employment practice. 

     (B) (i) With respect to demonstrating that a particular employment
practice causes a disparate impact as described in subparagraph (A)(i),
the complaining party shall demonstrate that each particular challenged
employment practice causes a disparate impact, except that if the
complaining party can demonstrate to the court that the elements of a
respondent's decisionmaking process are not capable of separation for
analysis, the decisionmaking process may be analyzed as one employment
practice. 

     (ii) If the respondent demonstrates that a specific employment
practice does not cause the disparate impact, the respondent shall not be
required to demonstrate that such practice is required by business
necessity. 

     (C) The demonstration referred to by subparagraph (A)(ii) shall be
in accordance with the law as it existed on June 4, 1989, with respect to
the concept of ``alternative employment practice". 

     (2) A demonstration that an employment practice is required by
business necessity may not be used as a defense against a claim of
intentional discrimination under this title. 

     (3) Notwithstanding any other provision of this title, a rule
barring the employment of an individual who currently and knowingly uses
or possesses a controlled substance, as defined in schedules I and II of
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other
than the use or possession of a drug taken under the supervision of a
licensed health care professional, or any other use or possession
authorized by the Controlled Substances Act [21 U.S.C. 801 et seq.]
or any other provision of Federal law, shall be considered an
unlawful employment practice under this title only if such rule is adopted
or applied with an intent to discriminate because of race, color,
religion, sex, or national origin. 

(l) It shall be an unlawful employment practice for a respondent, in
connection with the selection or referral of applicants or candidates for
employment or promotion, to adjust the scores of, use different cutoff
scores for, or otherwise alter the results of, employment related tests on
the basis of race, color, religion, sex, or national origin. 

(m) Except as otherwise provided in this title, an unlawful employment
practice is established when the complaining party demonstrates that race,
color, religion, sex, or national origin was a motivating factor for any
employment practice, even though other factors also motivated the
practice. 

(n) (1) (A) Notwithstanding any other provision of law, and except as
provided in paragraph (2), an employment practice that implements and is
within the scope of a litigated or consent judgment or order that resolves
a claim of employment discrimination under the Constitution or Federal
civil rights laws may not be challenged under the circumstances described
in subparagraph (B). 

     (B) A practice described in subparagraph (A) may not be challenged
in a claim under the Constitution or Federal civil rights laws-

       (i) by a person who, prior to the entry of the judgment or order
described in subparagraph (A), had-

         (I) actual notice of the proposed judgment or order sufficient to
apprise such person that such judgment or order might adversely affect the
interests and legal rights of such person and that an opportunity was
available to present objections to such judgment or order by a future date
certain; and

         (II) a reasonable opportunity to present objections to such
judgment or order; or

       (ii) by a person whose interests were adequately represented by
another person who had previously challenged the judgment or order on the
same legal grounds and with a similar factual situation, unless there has
been an intervening change in law or fact. 

     (2) Nothing in this subsection shall be construed to-

     (A) alter the standards for intervention under rule 24 of the
Federal Rules of Civil Procedure or apply to the rights of parties who
have successfully intervened pursuant to such rule in the proceeding in
which the parties intervened; 

     (B) apply to the rights of parties to the action in which a
litigated or consent judgment or order was entered, or of members of a
class represented or sought to be represented in such action, or of
members of a group on whose behalf relief was sought in such action by the
Federal Government; 

     (C) prevent challenges to a litigated or consent judgment or order
on the ground that such judgment or order was obtained through collusion
or fraud, or is transparently invalid or was entered by a court lacking
subject matter jurisdiction; or

     (D) authorize or permit the denial to any person of the due process
of law required by the Constitution. 

     (3) Any action not precluded under this subsection that challenges
an employment consent judgment or order described in paragraph (1) shall
be brought in the court, and if possible before the judge, that entered
such judgment or order. Nothing in this subsection shall preclude a
transfer of such action pursuant to section 1404 of title 28, United
States Code. 

Editor's Note
Act
Definitions
Exemption
Unlawful Employment Practices
Other Unlawful Employment Practices
Equal Employment Opportunity Commission (EEOC)
Enforcement Provisions
Civil Actions by the Attorney General
Effect on State Laws
Investigations, Inspections, Records, State Agencies
Investigatory Powers
Posting of Notices; Penalties
Veterans' Special Rights or Preference
Rules and Regulations
Forcibly Resisting the Commission or its Representatives
Equal Employment Opportunity Coordinating Council
Effective Date
Employment by Federal Government
Special Provisions with respect to Denial, Termination, and Suspension of Government Contracts