Oversight Hearings on the OFCCP's Proposed Affirmative Action Regulations: Hearings Before the Subcommittee on Employment Opportunities of the Committee on Education and Labor, House of Representatives, Ninety-eighth Congress, First Session, Hearings Held in Washington, D.C. on April 15 and 18; and June 8, 1983

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Page 434 - The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
Page 146 - Under the Act, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to "freeze" the status quo of prior discriminatory employment practices.
Page 114 - We conclude that the principle of nondiscrimination requires that we hold that in order to rely on the bona fide occupational qualification exception an employer has the burden of proving that he had reasonable cause to believe, that is, a factual basis for believing, that all or substantially all women would be unable to perform safely and efficiently the duties of the job involved.
Page 432 - In l964, employment discrimination tended to be viewed as a series of isolated and distinguishable events, for the most part due to ill-will on the part of some identifiable individual or organization. It was thought that a scheme that stressed conciliation rather than compulsory processes would be most appropriate for the resolution of this essentially "human" problem, and that litigation would be necessary only on an occasional basis.
Page 114 - ... bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise...
Page 366 - Clarence Mitchell, director of the Washington Bureau of the National Association for the Advancement of Colored People.
Page 491 - No Government contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by any agency or officer of the United States under any equal employment opportunity law or order, where such employer has an affirmative action plan which has previously been accepted by the Government for the same facility within the past twelve...
Page 473 - Federal agency" means any department, agency, or instrumentality in the executive branch of the Government and any wholly owned Government corporation.
Page 356 - Commission (EEOC), which is appointed by the president, the Office of Federal Contract Compliance Programs (OFCCP) of the US Department of Labor, the Justice Department, and the Department of Education.
Page 420 - Nor does the plan create an absolute bar to the advancement of white employees; half of those trained in the program will be white. Moreover, the plan is a temporary measure; it is not intended to maintain racial balance, but simply to eliminate a manifest racial imbalance.

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