Oversight of the Equal Employment Opportunity Commission, 1983: Hearing Before the Committee on Labor and Human Resources, United States Senate, Ninety-eighth Congress, First Session, on Examination of the Activities Within the Scope of the Equal Employment Opportunity Commission, December 15, 1983

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Page 55 - We begin with the proposition that the use of the word "necessary" in section 703(e) requires that we apply a business necessity test, not a business convenience test. That is to say, discrimination based on sex is valid only when the essence of the business operation would be undermined by not hiring members of one sex exclusively.
Page 55 - US 950 (1971); that a policy of disqualifying from employment persons with arrest records but no criminal convictions violates Title VII because it has a disparate racial impact and cannot be justified by business necessity, Gregory v.
Page 71 - ... and target dates to assure the implementation of that plan. The borrower shall establish procedures to assure compliance with this requirement by contractors and to assure that suspected or reported violations are promptly investigated.
Page 163 - Spanish origin totals because of a number of factors; namely, overall improvements in the 1980 census, better coverage of the population, improved question design, and an effective public relations campaign by the Census Bureau with the assistance of national and community ethnic groups. These efforts at census improvement explain, in part, the large increase in the number of Hispanics over 1970.
Page 55 - In Los Angeles Dept. of Water & Power v. Manhart, 435 US 702 (1978), we held that an employer had violated Title VII by requiring its female employees to make larger contributions to a pension fund than male employees in order to obtain the same monthly benefits upon retirement. Noting that Title VII's "focus on the individual is unambiguous,
Page 5 - Hispanic community, in general, has expressed to me and others a need for a review of our agency's performance in the past, in the present, and in the future. It is...
Page 8 - IN THE PAST.... IN THE PRESENT-.-. AND IN THE FUTURE... -IT IS...
Page 176 - ... priorities . The true strength of the Commission's litigation program, of course, lies not simply in its existence, but rather, in the considered and deliberate direction of limited Commission resources toward the litigation of those cases that will best achieve the antidiscrimination purposes of Title VII, the Age Discrimination in Employment Act. and the Equal Pay Act. The Commission believes that it is the purpose and potential impact of each case it litigates —rather than simply the quantity...
Page 52 - Commission resources toward the litigation of those cases that will best achieve and promote the antidiscrimination purposes of title VII, the Age Discrimination in Employment Act, and the Equal Pay Act.
Page 71 - Yet in 1978 the responsibility for enforcing the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act (EPA) was transferred out of DOL, and DOL received funding for 58 workyears of FLCRA enforcement.

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