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 148 - 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 472 - ... employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
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 125 - ... freeze" the status quo of prior discriminatory employment practices...
Page 114 - ... bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise...
Page 450 - WHEREAS it is the policy of the executive branch of the Government to encourage by positive measures equal opportunity for all qualified persons within the Government ; and WHEREAS it is in the general interest and welfare of the United States to promote its economy, security, and national defense through the most efficient and effective utilization of all available manpower...
Page 370 - Clarence Mitchell, director of the Washington Bureau of the National Association for the Advancement of Colored People.
Page 470 - The Committee is authorized to establish and maintain cooperative relationships with agencies of state and local governments, as well as with non-governmental bodies, to assist in achieving the purposes of this order.
Page 495 - 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 457 - Whereas it is the policy of the United States to encourage full participation in the national defense program by all citizens of the United States, regardless of race, creed, color, or national origin, in the firm belief that the democratic way of life within the Nation can be defended successfully only with the help and support of all groups within its borders...

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