Equal Employment Opportunity Commission Update: Policies on Pay Equity and Title VII Enforcement : Hearing Before a Subcommittee of the Committee on Government Operations, House of Representatives, Ninety-ninth Congress, First Session, June 21, 1985, Volume 4

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Page 37 - Notwithstanding any other provision of this title, 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...
Page 43 - No order of the Board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back pay, if such individual was suspended or discharged for cause.
Page 146 - General has not filed a civil action in a case involving a government, governmental agency, or political subdivision, or the Commission has not entered into a conciliation agreement to which the person aggrieved is a party, the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, shall so notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought against the respondent...
Page 39 - That policy, which is to provide make-whole relief only to those who have been actual victims of illegal discrimination, was repeatedly expressed by the sponsors of the Act during the congressional debates.
Page 146 - The person or persons aggrieved shall have the right to intervene in a civil action brought by the Commission or the Attorney General in a case involving a government, governmental agency, or political subdivision.
Page 43 - If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such Affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible...
Page 47 - No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or In violation of section 704(a).
Page 33 - LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW of horribles which has no basis in reality that courts and the Commission routinely find employers liable for violating Title VII on the basis of raw statistics, without ever giving the employer a chance to explain that the numbers are incorrect, or that there is a nondiscriminatory explanation such as, that many of the minority applicants are too young to be hired, or are still in school. In reality, there is no such problem. As Judge Friendly of the...
Page 29 - The EEOC Guidelines are not administrative "regulations" promulgated pursuant to formal procedures established by the Congress. But, as this Court has heretofore noted, they do constitute "[t]he administrative interpretation of the Act by the enforcing agency," and consequently they are "entitled to great deference.
Page 48 - Ct 2733 (opinion of Brennan, White, Marshall, and Blackmun, JJ.). The purpose of such relief is not to make whole any particular individual, but rather to remedy the present classwide effects of past discrimination or to prevent similar discrimination in the future. Because the discrimination sought to be alleviated by raceconscious relief is the classwide effects of past discrimination, rather than discrimination against identified members of the class, such relief is provided to the class as a...

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