Civil Rights Act of 1964
PL 88-352 (H.R.7152), enacted 07/02/1964

78 STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
241 
Public Law 88-352 
AN ACT 
To enforce the constitutional right to vote, to confer jurisdiction upon the 
district courts of the United States to provide injunctive relief against 
discrimination in public accommodations, to authorize the Attorney General to 
institute suits to protect constitutional rights in public facilities and public 
education, to extend the Commission on Civil Rights, to prevent discrimination 
in federally assisted programs, to establish a Commission on Equal Employ-
ment Opportunity, and for other purposes. 
July 2, 1964 
[H. R. 7152] 
Be it enacted hy the Senate and House of Representatives 
of the 
Vnited States of America in Congress assembledy That this Act may 
be cited as the "Civil Eights Act of 1964". 
TITLE I—VOTING RIGHTS 
SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), 
as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 
637), and as further amended by section 601 of the Civil Rights Act 
of 1960 (74 Stat. 90), is further amended as follows: 
(a) Insert " 1 " after " ( a ) " in subsection (a) and add at the end of 
subsection (a) the following new paragraphs: 
" (2) No person acting under color of law shall— 
" (A) in determining whether any individual is qualified under 
State law or laws to vote in any Federal election, apply any 
standard, practice, or procedure different from the standards, 
practices, or procedures applied under such law or laws to other 
individuals within the same county, parish, or similar political 
subdivision who have been found by State officials to be qualified 
to vote; 
"(B) deny the right of any individual to vote in any Federal 
election because of an error or omission on any record or paper 
relating to any application, registration, or other act requisite 
to voting, if such error or omission is not material in determin-
ing whether such individual is qualified under State law to vote 
in such election; or 
"(C) employ any literacy test as a qualification for voting in 
any Federal election unless (i) such test is administered to 
each individual and is conducted wholly in writing, and (ii) a 
certified copy of the test and of the answers given by the indi-
vidual is furnished to him within twenty-five days of the submis-
sion of his request made within the period of time during which 
records and papers are required to be retained and preserved pur-
suant to title I I I of the Civil-Rights Act of 1960 (42 U.S.C. 1974-
74e; 74 Stat. 88) : Provided^ however, That the Attorney General 
may enter into agreements with appropriate State or local author-
ities that preparation, conduct, and maintenance of such tests in 
accordance with the provisions of applicable State or local law, 
including such special provisions as are necessary in the prepara-
tion, conduct, and maintenance of such tests for persons who are 
blind or otherwise physically handicapped, meet the purposes of 
this subparagraph and constitute compliance therewith. 
" (3) For purposes of this subsection— 
"(A) the term 'vote' shall have the same meaning as in subsec-
tion (e) of this section; 
"(B) the phrase 'literacy test' includes any test of the ability 
to read, write, understand, or interpret any matter." 
(b) Insert immediately following the period at the end of the first 
sentence of subsection (c) the following new sentence: "If in any 
such proceeding literacy is a relevant fact there shall be a rebuttable 
Civil Rights 
Act of 1964. 
Operation and 
enforcement. 
Voting quali-
fications. 
Registration, 
etc. 
Literacy tests. 
Records. 
Attorney Gen-
eral. 
Agreements 
with State and 
local authorities. 
"Vote." 
"Literacy 
test." 
242 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
"Federal elec-
tion." 
Suits by Attorney 
General-
Appeals. 
Designation of 
judges. 
presumption that any person who has not been adjudged an incompe-
tent and who has completed the sixth grade in a public school in, or a 
private school accredited by, any State or territory, the District of 
Columbia, or the Commonwealth of Puerto Rico where instruction 
is carried on predominantly in the English language, possesses suffi-
cient literacy, comprehension, and intelligence to vote in any Federal 
election." 
(c) Add the following subsection " ( f ) " and designate the present 
subsection " ( f ) " as subsection " ( g ) " : 
"(f) When used in subsection (a) or (c) of this section, the words 
'Federal election' shall mean any general, speqial, or primary election 
held solely or in part for the purpose of electing or selecting any 
candidate for the office of President, Vice President, presidential 
elector. Member of the Senate, or Member of the House of Repre-
sentatives." 
(d) Add the following subsection " (h)": 
"(h) In any proceeding instituted by the United States in any 
district court of the United States under this section in which the 
Attorney General requests a finding of a pattern or practice of 
discrimination pursuant to subsection (e) of this section the Attorney 
General, at the time he files the complaint, or any defendant in the 
proceeding, within twenty days after service upon him of the com-
plaint, may file with the clerk of such court a request that a court of 
three judges be convened to hear and determine the entire case. 
A 
copy of the request for a three-judge court shall be immediately fur-
nished by such clerk to the chief judge of the circuit (or in his 
absence, the presiding circuit judge of the circuit) in which the case 
is pending. Upon receipt of the copy of such request it shall be the 
duty of the chief judge of the circuit or the presiding circuit judge, 
as the case may be, to designate immediately three judges in such 
circuit, of whora at least one shall be a circuit judge and another of 
whom shall be a district judge of the court in which the proceeding 
was instituted, to hear and determine such case, and it shall be the 
duty of the judges so designated to assign the case for hearing at the 
earliest practicable date, to participate in the hearing and determina-
tion thereof, and to cause the case to be in everj^ way expedited. 
An 
appeal from the final judgment of such court will lie to the Supreme 
Court. 
"In any proceeding brought under subsection (c) of this section 
to enforce subsection (b) of this section, or in the event neither the 
Attorney General nor any defendant files a request for a three-judge 
court in any proceeding authorized by this subsection, it shall be the 
duty of the chief judge of the district, (or in his absence, the acting 
chief judge) in which the case is pending immediately to designate 
a judge in such district to hear and determine the case. In the event 
that no judge in the district is available to hear and determine the 
case, the chief judge of the district, or the acting chief judge, as the 
case may be, shall certify this fact to the chief judge of the circuit 
(or, in his absence, the acting chief judge) who shall then designate a 
district or circuit judge of the circuit to hear and determine the case. 
"It shall be the duty of the judge designated pursuant to this sec-
tion to assign the case for hearing at the earliest practicable date and 
to cause the case to be in every way expedited." 
78 STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
243 
TITLE II—INJUNCTIVE E E L I E F AGAINST DISCRIMINA-
TION IN PLACES OF PUBLIC ACCOMMODATION 
SEC. 201. (a) All persons shall be entitled to the full and equal 
enjoyment of the goods, services, facilities, privileges, advantages, 
and accommodations of any place of public accommodation, as de-
fined in this section, without discrimination or segregation on the 
ground of race, color, religion, or national origin. 
(b) Each of the following establishments which serves the public 
is a place of public accommodation within the meaning of this title 
if its operations affect commerce, or if discrimination or segregation 
by it is supported by State action : 
(1) any inn, hotel, motel, or other establishment which pro-
vides lodging to transient guests, other than an establishment 
located within a building which contains not more than five 
rooms for rent or hire and which is actually occupied by the 
proprietor of such establishment as his residence; 
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda 
fountain, or other facility principally engaged in selling food for 
consumption on the premises, including, but not limited to, any 
such facilitv located on the premises of any retail establishment; 
or any gasoline station; 
(3) any motion picture house, theater, concert hall, sports 
arena, stadium or other place of exhibition or entertainment; and 
(4) any establishment (A) (i) which is physically located 
within the premises of any establishment otherwise covered by 
this subsection, or (ii) within the premises of which is physically 
located any such covered establishment, and (B) which holds 
itself out as serving patrons of such covered establishment. 
(c) The operations of an establishment affect commerce within the 
meaning of this title if (1) it is one of the establishments described in 
paragraph (1) of subsection (b); (2) in the case of an establishment 
described in paragraph (2) of subsection (b), it serves or offers to 
serve interstate travelers or a substantial portion of the food which it 
serves, or gasoline or other products which it sells, has moved in 
commerce; (3) in the case of an establishment described in paragraph 
(3) of subsection (b), it customarily presents films, performances, ath-
letic teams, exhibitions, or other sources of entertainment which move 
in commerce; and (4) in the case of an establishment described in 
paragraph (4) of subsection (b), it is physically located within the 
premises of, or there is physically located within its premises, an 
establishment the operations of w^hich affect commerce within the 
meaning of this subsection. For purposes of this section, "commerce" 
means travel, trade, traffic, commerce, transportation, or communica-
tion among the several States, or between the District of Columbia and 
any State, or between any foreign country or any territory or pos-
session and any State or the District of Columbia, or between points 
in the same State but through any other State or the District of 
Columbia or a foreign country. 
(d) Discrimination or segregation by an establishment is sup-
ported by State action within the meaning of this title if such dis-
crimination or segregation (1) is carried on under color of any law, 
statute, ordinance, or regulation; or (2) is carried on under color of 
any custom or usage required or enforced by officials of the State or 
political subdivision thereof; or (3) is required by action of the 
State or political subdivision thereof. 
(e) The provisions of this title shall not apply to a private club 
or other establishment not in fact open to the public, except to the 
extent that the facilities of such establishment are made available 
Equal access. 
Establishments 
affecting inter-
state commerce. 
Lodgings. 
Restaurants, etc. 
Theaters, sta-
diums, etc. 
Other covered 
establishments. 
Operations af-
fecting commerce 
criteria. 
"Commerce." 
Support by State 
action. 
Private estab-
lishments. 
244 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
Entitlement. 
Interference. 
Restraining 
orders, etc. 
Attorneys* fees. 
Notification of 
State. 
Community Re-
lations Service. 
Hearings and 
inve stigations. 
to the customers or patrons of an establishment within the scope of 
subsection (b). 
SEC. 202. All persons shall be entitled to be free, at any establish-
ment or place, from discriniination or segregation of any kind on 
the ground of race, color, religion, or national origin, if such discrim-
ination or segregation is or purports to be required by any law, 
statute, ordinance, regulation, rule, or order of a State or any agency 
or political subdivision thereof. 
SEC. 208. No person shall (a) withhold, deny, or attempt to with-
hold or deny, or deprive or attempt to deprive, any person of any 
right or privilege secured by section 201 or 202, or (b) intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or coerce any 
person with the purpose of interfering with any right or privilege 
secured by section 201 or 202, or (c) punish or attempt to punish 
any person for exercising or attempting to exercise any right or 
privilege secured by section 201 or 202. 
SEC. 204. (a) Whenever any person has engaged or there are 
reasonable grounds to believe that any person is about to engage 
in any act or practice prohibited by section 203, a civil action for 
preventive relief, including an application for a permanent or tem-
porary 
injunction, restraining order, or other order, may be 
instituted by the person aggrieved and, upon timely application, the 
court may, in its discretion, permit the Attorney General to intervene 
in such civil action if he certifies that the case is of general public 
importance. Upon application by the complainant and in such cir-
cumstances as the court may deem just, the court, may appoint an 
attorney for such complainant and may authorize the commencement 
of the civil action without the payment of fees, costs, or security. 
(b) In any action commenced pursuant to this title, the court, in 
its discretion, may allow the prevailing party, other than the United 
States, a reasonable attorney's fee as part of the costs, and the United 
States shall be liable for costs the same as a private person. 
(c) In the case of an alleged act or practice prohibited by this title 
which occurs in a State, or political subdivision of a State, which has 
a State or local law prohibiting such act or practice and establishing 
or authorizing a State or local authority to grant or seek relief from 
such practice or to institute criminal proceedings with respect thereto 
upon receiving notice thereof, no civil action may be brought under 
subsection (a) before the expiration of thirty days after written 
notice of such alleged act or practice has been given to the appropriate 
State or local authority by registered mail or in person, provided that 
the court may stay proceedings in such civil action pending the 
termination of State or local enforcement proceedings. 
(d) In the case of an alleged act or practice prohibited by this 
title which occurs in a State, or political subdivision of a State, which 
has no State or local law prohibiting such act or practice, a civil action 
may be brought under subsection (a) : Provided, That the court may 
refer the matter to the Community Relations Service established by 
title X of this Act for as long as the court believes there is a reasonable 
possibility of obtaining voluntary compliance, but for not more than 
sixty days: Provided further, That upon expiration of such sixty-day 
period, the court may extend such period for an additional period, not 
to exceed a cumulative total of one hundred and twenty days, if it 
believes there then exists a reasonable possibility of securing voluntary 
compliance. 
SEC. 205. The Service is authorized to make a full investigation of 
any complaint referred to it by the court under section 204(d) and 
may hold such hearings with respect thereto as may be necessary. 
78 STAT. J 
PUBLIC LAW 88-352-JULY 2, 1964 
245 
The Service shall conduct any hearings with respect to any such com-
plaint in executive session, and shall not release any testimony given 
therein except by agreement of all parties involved in the complaint 
with the permission of the court, and the Service shall endeavor to 
bring about a voluntary settlement between the parties. 
SEC. 206. (a) Whenever the Attorney General has reasonable cause 
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ney Cieneral. 
to believe that any person or group of persons is engaged in a pattern 
or practice of resistance to the full enjoyment of any of the rights 
secured by this title, and that the pattern or practice is of such a 
nature and is intended to deny the full exercise of the rights herein 
described, the Attorney General may bring a civil action in the appro-
priate district court of the United States by filing with it a complaint 
(1) signed bv him (or in his absence the Acting Attorney General), 
(2) setting forth facts pertaining to such pattern or practice, and 
(3) requesting such preventive relief, including an application for a 
permanent or temporary injunction, restraining order or other order 
against the person or persons responsible for such pattern or prac-
tice, as he deems necessary to insure the full enjoyment of the rights 
herein described. 
(b) In any such proceeding the Attorney General may file with the 
clerk of such court a request that a court of three judges be convened 
to hear and determine the case. Such request by the Attorney Gen-
eral shall be accompanied by a certificate that, in his opinion, the 
case is of general public importance. A copy of the certificate and 
request for a three-judge court shall be immediately furnished by 
such clerk to the chief judge of the circuit (or in his absence, the 
presiding circuit judge of the circuit) in which the case is pending. 
ITpon receipt of the copy of such request it shall be the duty of the 
chief judge of the circuit or the presiding circuit judge, as the case 
may be, to designate immediately three judges in such circuit, of 
whom at least one shall be a circuit jud^e and another of whom shall 
be a district judge of the court in which the proceeding was insti-
tuted, to hear and determine such case, and it shall be the duty of 
the judges so designated to assign the case for hearing at the earliest 
practicable date, to participate in the hearing and determination 
thereof, and to cause the case to be in every way expedited. An Appeals. 
appeal from the final judgment of such court will he to the Supreme 
Court. 
In the event the Attorney General fails to file such a request in 
any such proceeding, it shall be the duty of the chief judge of the 
district (or in his absence, the acting chiei judge) in which the case is 
pending immediately to designate a judge in such district to hear and 
aetermme the case. In the event that no judge in the district is 
available to hear and determine the case, the chief judge of the district, 
or the acting^ chief judge, as the case may be, shall certify this fact 
to the chief judge of the circuit (or in his absence, the acting chief 
judge) who shall then designate a district or circuit judge of the circuit 
to hear and determine the case. 
It shall be the duty of the judge designated pursuant to this section 
to assign the case for hearing at the earliest practicable date and to 
cause the case to be in every way expedited. 
SEC. 207. (a) The district courts of the United States shall have .^^^S.Sol'"''^^' 
jurisdiction of proceedings instituted pursuant to this title and shall ""'^ 
exercise the same without regard to whether the aggrieved party shall 
have exhausted any administrative or other remedies that may be 
provided by law. 
Designation of 
judges. 
246 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT, 
Enforcement. 
Suits by Attor-
ney General. 
Costs, fees. 
62 Stat. 749. 
(b) The remedies provided in this title shall be the exclusive means 
of enforcing the rights based on this title, but nothing in this title 
shall preclude any individual or any State or local agency from assert-
ing any right based on any other Federal or State law not inconsistent 
with this title, including any statute or ordinance requiring nondis-
crimination in public establishments or accommodations, or from pur-
suing any remedy, civil or criminal, which may be available for the 
vindication or enforcement of such right. 
TITLE III—DESEGREGATION OF PUBLIC FACILITIES 
SEC. 301. (a) Whenever the Attorney General receives a complaint 
in writing signed by an individual to the effect that he is being 
deprived of or threatened with the loss of his right to the equal 
protection of the laws, on account of his race, color, religion, or 
national origin, by being denied equal utilization of any public 
facility which is owned, operated, or managed by or on behalf of any 
State or subdivision thereof, other than a public school or public 
college as defined in section 401 of title IV hereof, and the Attorney 
General believes the complaint is meritorious and certifies that the 
signer or signers of such complaint are unable, in his judgment, to 
initiate and maintain appropriate legal proceedings for relief and 
that the institution of an action will materially further the orderly 
progress of desegregation in public facilities, the Attorney General is 
authorized to institute for or in the name of the United States a civil 
action in any appropriate district court of the United States against 
such parties and for such relief as may be appropriate, and such court 
shall have and shall exercise jurisdiction of proceedings instituted 
pursuant to this section. 
The Attorney General may implead as 
defendants such additional parties as are or become necessary to the 
grant of effective relief hereunder. 
(b) The Attorney General may deem a person or persons unable to 
initiate and maintain appropriate legal proceedings within the 
meaning of subsection (a) of this section when such person or persons 
are unable, either directly or through other interested persons or 
organizations, to bear the expense of the litigation or to obtain effec-
tive legal representation; or whenever he is satisfied that the institu-
tion of such litigation would jeopardize the personal safety, employ-
ment, or economic standing of such person or persons, their families, 
or their property. 
SEC. 302. In any action or proceeding under this title the United 
States shall be liable for costs, including a reasonable attorney's fee, 
the same as a private person. 
SEC. 303. Nothing in this title shall affect adversely the ri^ht of any 
person to sue for or obtain relief in any court against discrimination 
in any facility covered by this title. 
SEC. 304. A complaint as used in this title is a writing or document 
within the meaning of section 1001, title 18, United States Code. 
TITLE IV—DESEGREGATION OF PUBLIC EDUCATION 
DEFINrriONS 
••Commissioner." 
"Desegre 
tion.»» 
SEC. 401. As used in this title 
(a) "Commissioner" means the Commissioner of Education. 
(b) "Desegregation" means the assignment of students to public 
schools and within such schools without regard to their race, color, 
religion, or national origin, but "desegregation" shall not mean the 
assignment of students to public schools in order to overcome racial 
imbalance. 
78 STAT. ] 
PUBLIC L
A
W 88-352-JULY 2, 1964 
247 
'•Public 
school." 
(c) "Public school" means any elementary or secondary educational 
institution, and "public college" means any institution of higher 
education or any technical or vocational school above the secondary 
school level, provided that such public school or public college is 
oj)erated by a State, subdivision of a State, or governmental agency 
within a State, or operated wholly or predominantly from or through 
the use of governmental funds or property, or funds or property 
derived from a governmental source. 
(d) "School board" means any agency or agencies which admin- 
"SCHOOI board." 
ister a system of one or more public schools and any other agency 
which is responsible for the assignment of students to or within such 
system. 
SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES 
SEC. 402. The Commissioner sha;ll conduct a survey and make a 
^^P"'* t° t^e 
report to the President and the Congress, within two years of the congress"! ^"'^ 
enactment of this title, concerning the lack of availability of equal 
educational opportunities for individuals hy reason of race, color, 
religion, or national origin in public educational institutions at all 
levels in the United States, its territories and possessions, and the 
District of Columbia. 
TECHNICAL ASSISTANCE 
SEC. 403. The Commissioner is authorized, upon the application of 
any school board. State, municipality, school district, or other govern-
mental unit legally responsible for operating a public school or 
schools, to render technical assistance to such applicant in the prepara-
tion, adoption, and implementation of plans for the desegregation of 
public schools. Such technical assistance may, among other activities, 
include making available to such agencies information regarding 
effective methods of coping with special educational problems 
occasioned by desegregation, and making available to such agencies 
personnel of the Office of Education or other persons specially 
equipped to advise and assist them in coping with such problems. 
TRAINING INSTITUTES 
SEC. 404. The Commissioner is authorized to arrange, through 
grants or contracts, with institutions of higher education lor the oper-
ation of short-term or regular session institutes for special training 
designed to improve the ability of teachers, supervisors, counselors, 
and other elementary or secondary school personnel to deal effectively 
with special educational problems occasioned by desegregation. Indi- 
stipends, etc. 
viduals who attend such an institute on a full-time basis may be paid 
stipends for the period of their attendance at such institute in amounts 
specified by the Commissioner in regulations, including allowances 
for travel to attend such institute. 
GRANTS 
SEC. 405. (a) The Commissioner is authorized, upon application of 
a school board, to make grants to such board to pay, in whole or in 
part, the cost of— 
(1) giving to teachers and other school personnel inservice 
training in dealing with problems incident to desegregation, and 
(2) employing specialists to advise in problems incident to 
desegregation. 
(b) In determining whether to make a grant, and in fixing the 
amount thereof and the terms and conditions on which it will be made, 
the Commissioner shall take into consideration the amount available 
31-667 0-65—19 
Conditions. 
248 
PUBLIC LAW 88-332-JULY 2, 1964 
[78 STAT. 
for grants under this section and the other applications which are 
pending before him; the financial condition of the applicant and the 
other resources available to it; the nature, extent, and gravity of its 
problems incident to desegregation; and such other factors as he finds 
relevant. 
PAYMENTS 
SEC. 406. Payments pursuant to a grant or contract under this title 
may be made (after necessary adjustments on account of previously 
made overpayments or underpayments) in advance or by way of reim-
bursement, and in such installments, as the Commissioner may deter-
mine. 
SUITS BY T H E ATTORNEY GENERAL 
SEC. 407. (a) Whenever the Attorney General receives a complaint 
in writing— 
(1) signed by a parent or group of parents to the effect that his 
or their minor children, as members of a class of persons similarly 
situated, are being deprived by a school board of the equal pro-
tection of the laws, or 
(2) signed by an individual, or his parent, to the effect that he 
has been denied admission to or not permitted to continue in 
attendance at a public college by reason of race, color, religion, or 
national origin, 
and the Attorney General believes the complaint is meritorious and 
certifies that the signer or signers of such complaint are unable, in his 
judgment, to initiate and maintain appropriate legal proceedings 
for relief and that the institution of an action will materially further 
the orderly achievement of desegregation in public education, the 
Attorney General is authorized, after giving notice of such complaint 
to the appropriate school board or college authority and after certify-
ing that he is satisfied that such board or authority has had a reason-
able time to adjust the conditions alleged in such complaint, to institute 
for or in the name of the United States a civil action in any appro-
priate district court of the LTnited States against such parties and for 
such relief as may be appropriate, and such court shall have and 
shall exercise jurisdiction of proceedings instituted pursuant to this 
section, provided that nothing herein shall empower any official or 
court of the United States to issue any order seeking to achieve a 
racial balance in any school by requiring the transportation of pupils 
or students from one school to another or one school district to another 
in order to achieve such racial balance, or otherwise enlarge the exist-
ing power of the court to insure compliance with constitutional stand-
ards. 
The Attorney General may implead as defendants such addi-
tional parties as are or become necessary to the grant of effective relief 
hereunder. 
to^*u°a't^ unable 
Qy) ^^^ AttoTuey General may deem a person or persons unable to 
initiate and maintain appropriate legal proceedings within the mean-
ing of subsection (a) of this section when such person or persons are 
unable, either directlyor through other interested persons or organiza-
tions, to bear the expense of the litigation or to obtain effective legal 
representation; or whenever he is satisfied that the institution of such 
litigation would jeopardize the personal safety, employment, or eco-
nomic standing of such person or persons, their families, or their 
property. 
"Parent." 
^^^ 'fj^g term "parent" as used in this section includes any person 
"Complaint." 
standing in loco parentis. A "complaint" as used in this section is a 
writing or document within the meaning of section 1001, title 18, 
62 Stat. 749. 
United States Code. 
78 STAT. ] 
PUBLIC LAW 88-352-JULY 2,1964 
249 
SEC. 408. In any action or proceeding under this title the United 
States shall be liable for costs the same as a private person. 
SEC. 409. Nothing in this title shall affect adversely the right of any 
person to sue for or obtain relief in any court against discrimination 
m public education. 
SEC. 410. Nothing in this title shall prohibit classification and 
assignment for reasons other than race, color, religion, or national 
origin. 
TITLE V—COMMISSION ON CIVIL EIGHTS 
SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 
1975a; 71 Stat. 634) is amended to read as follows: 
"RULES o r PROCEDURE OF THE COMMISSION HEARINGS 
"SEC. 102. (a) At least thirty days prior to the commencement of 
any hearing, the Commission shall cause to be published in the Fed-
eral Register notice of the date on which such hearing is to commence, 
the place at which it is to be held and the subject of the hearing. 
The 
Chairman, or one designated by him to act as Chairman at a hearing 
of the Commission, shall announce in an opening statement the 
subject of the hearing. 
"(b) A copy of the Commission's rules shall be made available to 
any witness before the Commission, and a witness compelled to appear 
before the Commission or required to produce written or other matter 
shall be served with a copy of the Commission's rules at the time of 
service of the subpena. 
"(c) Any person compelled to appear in person before the Com-
mission shall be accorded the right to be accompanied and advised by 
counsel, who shall have the right to subject his client to reasonable 
examination, and to make objections on the record and to argue briefly 
the basis for such objections. 
The Commission shall proceed with 
reasonable dispatch to conclude any hearing in which it is engaged. 
Due regard shall be had for the convenience and necessity of witnesses. 
"(d) The Chairman or Acting Chairman may punish breaches of 
order and decorum by censure and exclusion from the hearings. 
"(e) If the Commission determines that evidence or testimony at 
any hearing may tend to defame, degrade, or incriminate any per-
son, it shall receive such evidence or testimony or summary of such 
evidence or testimony in executive session. 
The Commission shall 
afford any person defamed, degraded, or incriminated by such 
evidence or testimony an opportunity to appear and be heard in exec-
utive session, with a reasonable number of additional witnesses re-
?nested by him, before deciding to use such evidence or testimony, 
n the event the Commission determines to release or use such evidence 
or testimony in such manner as to reveal publicly the identity of the 
person defamed, degraded, or incriminated, such evidence or testi-
mony, prior to such public release or use, shall be given at a public 
session, and the Commission shall afford such person an opportunity 
to appear as a voluntary witness or to file a sworn statement in his 
behalf and to submit brief and pertinent sworn statements of others. 
The Commission shall receive and dispose of requests from such per-
son to subpena additional witnesses. 
"(f) Except as provided in sections 102 and 105(f) of this Act, 
the Chairman shall receive and the Commission shall dispose of 
requests to subpena additional witnesses. 
"(g) No evidence or testimony or summary of evidence or testi-
mony taken in executive session may be released or used in public 
Publication in 
Federal Register. 
Right of counsel. 
Executive ses" 
sions. 
Testimony, re-
lease restrictions. 
250 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
Transcript 
copies. 
Witness fees. 
Subpena of 
witnesses. 
Organization 
statement, etc. 
Publication in 
Federal Register. 
Payments to 
members. 
75 Stat. 339, 
340. 
sessions without the consent of the Commission. Whoever releases 
or uses in public without the consent of the Commission such evidence 
or testimony taken in executive session shall be fined not more than 
$1,000, or imprisoned for not more than one year. 
"(h) In the discretion of the Commission, witnesses may submit 
brief and pertinent sworn statements in writing for inclusion in the 
record. The Commission shall determine the pertinency of testimony 
and evidence adduced at its hearings. 
"(i) Every person who submits data or evidence shall be entitled 
to retain or, on payment of lawfully prescribed costs, procure a copy 
or transcript thereof, except that a witness in a hearing held in execu-
tive session may for good cause be limited to inspection of the official 
transcript of his testimony. Transcript copies of public sessions may 
be obtained by the public upon the payment of the cost thereof. An 
accurate transcript shall be made of the testimony of all witnesses 
at all hearings, either public or executive sessions, of the Commission 
or of any subcommittee thereof. 
"(j) A witness attending any session of the Commission shall 
receive $6 for each day's attendance and for the time necessarily 
occupied in going to and returning from the same, and 10 cents per 
mile for going from and returning to his place of residence. 
Wit-
nesses who attend at points so far removed from their respective 
residences as to prohibit return thereto from day to day shall be 
entitled to an additional allowance of $10 per day for expenses of 
subsistence, including the time necessarily occupied in going to and 
returning from the place of attendance. Mileage payments shall be 
tendered to the witness upon service of a subpena issued on behalf 
of the Commission or any subcommittee thereof. 
"(k) The Commission shall not issue any subpena for the attend-
ance and testimony of witnesses or for the production of written or 
other matter which would require the presence of the party subpenaed 
at a hearing to be held outside of the State wherein the witness is 
found or resides or is domiciled or transacts business, or has appointed 
an agent for receipt of service of process except that, in any event, 
the Commission may issue subpenas for the attendance and testi-
mony of witnesses and the production of written or other matter at a 
hearing held within fifty miles of the place where the witness is found 
or resides Or is domiciled or transacts business or has appointed an 
agent for receipt of service of process. 
"(1) The Commission shall separately state and currently publish 
in the Federal Register (1) descriptions of its central and field organi-
zation including the established places at which, and methods whereby, 
the public may secure information or make requests; (2) statements 
of the general course and method by which its functions are channeled 
and determined, and (3) rules ad.opted as authorized by law. 
No 
person shall in any .manner be subject to or required to resort to rules, 
organization, or procedure not so published." 
SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C. 
1975b(a); 71 Stat. 634) is amended to read as follows: 
"SEC. 103. (a) Each member of the Commission who is not otherwise 
in the service of the Government of the United States shall receive 
the sum of $75 per day for each day spent in the work of the Com-
mission, shall be paid actual travel expenses, and per diem in lieu of 
subsistence expenses when away from his usual place of residence, in 
accordance with section 5 of the Administrative Expenses Act of 1946, 
as amended (5 U.S.C. 73b-2; 60 Stat. 808)." 
75 Stat. 339, 
340. 
78 STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
251 
SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 
1975b(b); 71 Stat. 634) is amended to read as follows: 
"(b) Each member of the Commission who is otherwise in the serv-
ice of the Government of the United States shall serve without com-
pensation in addition to that received for such other service, but while 
engaged in the work of the Commission shall be paid actual travel ex-
penses, and per diem in lieu of subsistence expenses when away from 
his usual place of residence, in accordance with the provisions of the 
Travel Expenses Act of 1949, as amended (5 U.S.C. 835-42; 63 Stat. 
166)." 
SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42 
U.S.C. 1975c(a) ; 71 Stat. 635), as amended, is further amended to 
read as follows: 
"DUTIES OF THE COMMISSION 
"SEC. 104. (a) The Commission shall— 
"(1) investigate allegations in writing under oath or affirma-
tion that certain citizens of the United States are being deprived 
of their right to vote and have that vote counted by reason of their 
color, race, religion, or national origin; which writing, under oath 
or affirmation, shall set forth the facts upon which such belief or 
beliefs are based; 
"(2) study and collect information concerning legal develop-
ments constituting a denial of equal protection or the laws under 
the Constitution because of race, color, religion or national origin 
or in the administration of justice; 
" (3) appraise the laws and policies of the Federal Government 
with respect to denials of equal protection of the laws under the 
Constitution because of race, color, religion or national origin or 
in the administration of justice; 
"(4) serve as a national clearinghouse for information in 
respect to denials of equal protection of the laws because of race, 
color, religion or national origin, including but not limited to the 
fields of voting, education, housing, employment, the use of 
public facilities, and transportation, or in the administration of 
justice; 
"(5) investigate allegations, made in writing and under oath 
or affirmation, that citizens of the United States are unlawfully 
being accorded or denied the right to vote, or to have their votes 
properly counted, in any election of presidential electors. Mem-
bers of the United States Senate, or of the House of Representa-
tives, as a result of any patterns or practice of fraud or discrimi-
nation in the conduct of such election; and 
"(6) Nothing in this or RHJ other Act shall be construed as 
authorizing the Commission, its Advisory Committees, or any 
person under its supervision or control to inquire into or investi-
gate any membership practices or internal operations of any 
fraternal organization, any college or university fraternity or 
sorority, any private club or any religious organization." 
(b) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C. 
1975c (b); 71 Stat. 635), as amended, is further amended by striking 
out the present subsection " ( b ) " and by substituting therefor: 
" (b) The Commission shall submit interim reports to the President „ Repots to the 
and to the Congress at such times as the Commission, the Congress or congress. 
the President shall deem desirable, and shall submit to the President 
and to the Congress a final report of its activities, findings, and rec-
ommendations not later than January 31,1968." 
SEC. 505. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 
1975d (a); 71 Stat. 636) is amende by striking out in the last sentence 
thereof "$50 per diem" and inserting in lieu thereof "$75 per diem." 
77 Stat. 271. 
252 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
Powers. 
Ante, p. 250. 
Rules governing 
grants, loans, and 
contracts. 
Approval by 
President. 
SEC. 506. Section 105(f) and section 105(g) of the Civil Rights 
Act of 1957 (42 U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended 
to read as follows: 
"(f) The Commission, or on the authorization of the Commission 
any,subcommittee of two or more members, at least one of whom shall 
be of each major political party, may, for the purpose of carrying out 
the provisions of this Act, hold such hearings and act at such times 
and places as the Commission or such authorized subcommittee may 
deem advisable. Subpenas for the attendance and testimony of wit-
nesses or the production of written or other matter may be issued 
in accordance with the rules of the Commission as contained in sec-
tion 102 (j) and (k) of this Act, over the signature of the Chairman 
of the Commission or of such subcommittee, and may be served by 
any person designated by such Chairman. The holding of hearings 
by the Commission, or the appointment of a subcommittee to hold 
hearings pursuant to this subparagraph, must be approved by a 
majority of the Commission, or by a majority of the members present 
at a meeting at which at least a quorum of four members is present. 
"(g) In case of contumacy or refusal to obey a subpena, any dis-
trict court of the United States or the United States court of any 
territory or possession, or the District Court of the United States for 
the District of Columbia, within the jurisdiction of which the inquiry 
is carried on or within the jurisdiction of which said person guilty 
of contumacy or refusal to obey is found or resides or is domiciled or 
transacts business, or has appointed an agent for receipt of service 
of process, upon application by the Attorney General of the United 
States shall have jurisdiction to issue to such person an order requir-
ing such person to appear before the Commission or a subcommittee 
thereof, there to produce pertinent, relevant and nonprivileged evi-
dence if so ordered, or there to give testimony touching the matter 
under investigation; and any failure to obey such order of the court 
may be punished by said court as a contempt thereof." 
SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 
]975d; 71 Stat. 686), as amended by section 401 of the Civil Rights 
Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended 
by adding a new subsection at the end to read as follows: 
"(i) The Commission shall have the power to make such rules and 
regulations as are necessary to carry out the purposes of this Act." 
TITLE VI—NONDISCRIMINATION IN FEDERALLY 
ASSISTED PROGRAMS 
SEC. 601. No person in the United States shall, on the ground of 
race, color, or national origin, be excluded from participation in, be 
denied the benefits of, or be subjected to discrimination under any 
program or activity receiving Federal financial assistance. 
SEC. 602. Each Federal department and agency which is empowered 
to extend Federal financial assistance to any program or activity, by 
way of grant, loan, or contract other than a contract of insurance 
or guaranty, is authorized and directed to effectuate the provisions of 
section 601 with respect to such program or activity by issuing ru^'^s, 
regulations, or orders of general applicability which shall be consistent 
with achievement of the objectives of the statute authorizing the 
financial assistance in connection with which the action is taken. 
No such rule, regulation, or order shall become effective unless and 
until approved by the President. 
Compliance with any requirement 
adopted pursuant to this section may be effected (1) by the termina-
tion of or refusal to grant or to continue assistance under such program 
or activity to any recipient as to whom there has been an express find-
78 STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
253 
ing on the record, after opportunity for hearing, of a failure to comply 
with such requirement, but such termination or refusal shall be limited 
to the particular political entity, or part thereof, or other recipient 
as to whom such a finding has been made and, shall be limited m its 
effect to the particular program, or part thereof, in which such non-
compliance has been so found, or (2) by any other means authorized 
by law: Provided^ however^ That no such action shall be taken until 
the department or agency concerned has advised the appropriate person 
or persons of the failure to comply with the requirement and has 
determined that compliance cannot be secured by voluntary means. 
In the case of any action terminating, or refusing to grant or continue, 
assistance because of failure to comply with a requirement imposed 
pursuant to this section, the head of the Federal department or agency 
shall file with the committees of the House and Senate having legis-
lative jurisdiction over the program or activity involved a full written 
report of the circumstances and the grounds for such action. 
No such 
action shall become effective until thirty days have elapsed after the 
filing of such report. 
SEC. 603. Any department or agency action taken pursuant to sec-
tion 602 shall be subject to such judicial review as may otherwise be 
provided by law for similar action taken by such department or 
agency on other grounds. In the case of action, not otherwise subject 
to judicial review, terminating or refusing to grant or to continue 
financial assistance upon a finding of failure to comply with any 
requirement imposed pursuant to section 602, any person aggrieved 
(including any State or political subdivision thereof and any agency 
of either) may obtain judicial review of such action in accordance 
with section 10 of the Administrative Procedure Act, and such action 
shall not be deemed committed to unreviewable agency discretion 
within the meaning of that section. 
SEC. 604. Nothing contained in this title shall be construed to 
authorize action under this title by any department or agency with 
respect to any employment practice of any employer, employment 
agency, or labor organization except where a primary objective of the 
Federal financial assistance is to provide employment. 
SEC. 605. Nothing in this title shall add to or detract from any exist-
ing authority with respect to any program or activity under which 
Federal financial assistance is extended by way of a contract of insur-
ance or guaranty. 
^ 
TITLE VII—EQUAL EMPLOYMENT OPPORTUNITY 
Termination. 
Judicial review. 
60 Stat. 243. 
5 u s e 1009. 
DEFINITIONS 
SEC. 701. For the purposes of this title— 
(a) The term "person" includes one or more individuals, labor 
unions, partnerships, associations, corporations, legal representatives, 
mutual companies, joint-stock companies, trusts, unincorporated 
organizations, trustees, trustees in bankruptcy, or receivers. 
(b) The term "employer" means a person engaged in an industry 
affecting commerce who has twenty-five or more employees for each 
working day in each of twenty or more calendar weeks in the current 
or preceding calendar year, and any agent of such a person, but such 
term does not include (1) the United States, a corporation wholly 
owned by the Government of the United States, an Indian tribe, or a 
State or political subdivision thereof, (2) a bona fide private member-
ship club (other than a labor organization) which is exempt from 
taxation under section 501(c) of the Internal Revenue Code of 1954: 
Provided^ That during the first year after the effective date prescribed 
in subsection (a) of section 716, persons having fewer than one hun-
*'Person." 
"Employer." 
68A Stat. 163; 
74 Stat. 534. 
26 u s e 501. 
254 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
"Employment 
agency." 
"Labor organi-
zation." 
61 Stat. 136. 
29 u s e 167. 
44 Stat. 577; 
49 Stat. 1189. 
45 u s e 151. 
dred employees (and their agents) shall not be considered employers, 
and, during the second year after such date, persons having fewer than 
seventy-five employees (and their agents) shall not be considered em-
ployers, and, during the third year after such date, persons having 
fewer than fifty employees (and their agents) shall not be considered 
employers: Provided further^ That it shall be the policy of the United 
States to insure equal employment opportunities for Federal em-
ployees without discrimination because of race, color, religion, sex or 
national origin and the President shall utilize his existing authority to 
effectuate this policy. 
(c) The term "employment agency" means any person regularly 
undertaking with or without compensation to procure employees for 
an employer or to procure for employees opportunities to work for 
an employer and includes an agent of such a person; but shall not 
include an agency of the United States, or an agency of a State or 
political subdivision of a State, except that such term shall include 
the United States Employment Service and the system of State and 
local employment services receiving Federal assistance. 
(d) The term "labor organization" means a labor organization en-
gaged in an industry affecting commerce, and any agent of such an 
organization, and includes any organization of any kind, any agency, 
or employee representation committee, group, association, or plan so 
engaged in which employees participate and which exists tor the 
purpose, in whole or in part, of dealing with employers concerning 
grievances, labor disputes, wages, rates of pay, hours, or other terms 
or conditions of employment, and any conference, general committee, 
joint or system board, or joint council so engaged which is subordinate 
ito a national or international labor organization, 
(e) A labor organization shall be deemed to be engaged in an indus-
try affecting commerce if (1) it maintains or operates a hiring hall 
or hiring office which procures employees for an employer or pro-
cures for employees opportunities to work for an employer, or (2) 
the number of its members (or, where it is a labor organization com-
posed of other labor organizations or their representatives, if the 
aggregate number of the members of such other labor organization) 
is (A) one hundred or more during the first year after the effective 
date prescribed in subsection (a) of section 716, (B) seventy-five or 
more during the second year after such date or fifty or more during 
the third year, or (C) twenty-five or more thereafter, and such labor 
organization— 
(1) is the certified representative of employees under the pro-
visions of the National Labor Relations Act, as amended, or the 
Railway Labor Act, as amended; 
(2) although not certified, is a national or international labor 
organization or a local labor organization recognized or acting as 
the representative of employees of an employer or employers 
engaged in an industry affecting commerce; or 
(3) has chartered a local labor organization or subsidiary body 
which is representing or actively seeking to represent employees 
of employers within the meaning of paragraph (1) or (2); or 
(4) has been chartered by a labor organization representing or 
actively seeking to represent employees within the meaning of 
paragraph (1) or (2) as the local or subordinate body through 
which such employees may enjoy membership or become affiliated 
with such labor organization; or 
(5) is a conference, general committee, joint or system board, 
or joint council subordinate to a national or international labor 
organization, which includes a labor organization engaged in an 
78 STAT.] 
PUBLIC L
A
W 88-352-JULY 2, 1964 
255 
industry affecting commerce within the meaning of any of the 
preceding paragraphs of this subsection. 
(f) The term "employee" means an individual employed by an 
employer. 
(g) The term "commerce" means trade, traffic, commerce, trans-
portation, transmission, or communication among the several States; 
or between a State and any place outside thereof; or within the 
District of Columbia, or a possession of the United States; or between 
points in the same State but through a point outside thereof. 
(h) The term "industry affecting commerce" means any activity, 
business, or industry in commerce or in which a labor dispute would 
hinder or obstruct commerce or the free flow of commerce and 
includes any activity or industry "affecting commerce" within the 
meaning of the Labor-Management Eeporting and Disclosure Act of 
1959. 
(i) The term "State" includes a State of the United States, the 
District of Columbia, Puerto Eico, the Virgin Islands, American 
Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental 
Shelf lands defined in the Outer Continental Shelf Lands Act. 
EXEMPTION 
SEC. 702. This title shall not apply to an employer with respect to 
the employment of aliens outside any State, or to a religious corpora-
tion, association, or society with respect to the employment of indi-
viduals of a particular religion to perform work connected with the 
carrying on by such corporation, association, or society of its religious 
activities or to an educational institution with resjpect to the employ-
ment of individuals to perform work connected with the educational 
activities of such institution. 
'Employee." 
"Commerce." 
"Industry affect-
ing commerce." 
73 Stat. 519. 
29 u s e 401 
note. 
" S t a t e . " 
67 Stat. 462. 
43 u s e 1331 
note. 
Religious orga-
nizations, etc. 
DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL 
ORIGIN 
SEC. 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 employ-
ment, because of such individual's race, color, religion, sex, or 
national origin; or 
(2) to limit, segregate, or classify his employees 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 employ-
ment 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 employ-
ment 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, segre^te, or classify its membership, or to classify 
or fail or refuse to refer for employment any individual, in any 
Unlawful prac-
tices. 
Employers. 
Employment 
agency. 
Labor organi-
zation. 
grams. 
256 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
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 indi-
vidual'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. 
.^«^"'"^ ^^°' 
(^) ^^ shall be an unlawful employment practice for any employer, 
labor organization, or joint labor-management committee controlling 
apprenticeship or other training or retraining, including on-the-job 
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. 
Exceptions. 
^^^ Notwithstanding any other provision of this title, (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 labor-management com-
mittee controlling apprenticeship or other training or retraining pro-
grams 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 quali-
fication 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 institu-
tion or institution of learning to hire and employ employees of a par-
ticular 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 propaga-
tion of a particular religion. 
(f) As used in this title, the phrase "unlawful employment practice" 
shall not be deemed to include any action or measure taken by an 
employer, labor organization, joint labor-management 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 organiza-
tion required to register as a Communist-action or Communist-front 
organization by final order of the Subversive Activities Control Board 
50 use ^^i' 
pursuant to the Subversive Activities Control Act of 1950. 
note. 
(g) Notwithstanding any other provision of this title, 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 
]:)osition, 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 per-
formed 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 admin-
istered 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. 
Preferential 
treatment. 
78 STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
257 
(h) Notwithstanding any other provision of this title, it shall not 
be an unlawful employment practice for an employer to apply differ-
ent 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 admmistration 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 employ-
ment practice under this title for any employer to differentiate upon 
the basis of sex in determining the amount of the wages or compen-
sation paid or to be paid to employees of such employer if such 
differentiation is authorized by the provisions of section 6(d) of the 
Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)). 
H l'^^ ^^e 
(i) Nothing contained in this title shall apply to any business or 
Indians. 
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 title shall be interpreted to require 
any employer, employment agency, labor organization, or joint labor-
management committee subject to this title to grant preferential treat-
ment to any individual or to any group because of the race, color, reli-
gion, sex, or national origin of such individual or group on account of 
an imbalance which may exist with respect to the total number or per-
centage 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 member-
ship or classified by any labor organization, or admitted to, or em-
ployed in, any apprenticeship or other training program, in compari-
son 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. 
OTHER UNLAWFUIi EMPLOYMENT PRACTICES 
SEC. 704. (a) It shall be an unlawful employment practice for an 
employer to discriminate against any of his employees or applicants 
for employment, for an employment agency to discriminate against 
q,ny individual, or for a labor organization to discriminate against any 
member thereof or applicant for membership, because he has opposed 
any practice made an unlawful employment practice by this title, or 
because he has made a charge, testified, assisted, or participated in any 
manner in an investigation, proceeding, or hearing under this title. 
(b) It shall be an unlawful employment practice for an employer, 
labor organization, or employment agency to print or publish or 
cause to be printed or published any notice or advertisement relating 
to employment by such an employer or membership in or any clas-
sification or referral for employment by such a labor organization, or 
relating to any classification or referral for employment by such an 
employment agency, indicating any preference, limitation, specifica-
tion, or discrimination, based on race, color, religion, sex, or national 
origin, except that such a notice or advertisement may indicate a 
preference, limitation, specification, or discrimination based on reli-
2S8 
PUBLIC LAW 88-352-JULY 2, l964 
[78 STAT. 
gion, sex, or national origin when religion, sex, or national origin is 
a bona fide occupational qualification for employment. 
Establishment. 
Term of office. 
Post, o. 400. 
5 use 1071 
note. 
Reports to the 
President and 
Congress. 
70 Stat. 736. 
5 use 2201 
note. 
70 Stat. 737. 
5 use 2205. 
Powers. 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SEC. 705. (a) There is hereby created a Commission to be known as 
the Equal Employment Opportunity Commission, which shall be com-
posed of five members, not more than three of whom shall be members 
of the same political party, who shall be appointed by the President 
by and with the advice and consent of the Senate. One of the original 
members shall be appointed for a term of one year, one for a term of 
two years, one for a term of three years, one for a term of four years, 
and one for a term of five years, beginning from the date of enact-
ment of this title, but their successors shall oe appointed for terms of 
five years each, except that any individual chosen to fill a vacancy 
shall be appointed only for the unexpired term of the member whom 
he shall succeed. The President shall designate one member to serve 
as Chairman of the Commission, and one member to serve as Vice 
Chairman. The Chairman shall be responsible on behalf of the Com-
mission for the administrative operations of the Commission, and 
shall appoint, in accordance with the civil service laws, such officers, 
agents, attorneys, and employees as it deems necessary to assist it in 
the performance of its functions and to fix their compensation in 
accordance with the Classification Act of 1949, as amended. The 
Vice Chairman shall act as Chairman in the absence or disability of 
the Chairman or in the event of a vacancy in that office. 
(b) A vacancy in the Commission shall not impair the right of the 
remaining members to exercise all the powers of the Commission and 
three members thereof shall constitute a quorum. 
(c) The Commission shall have an official seal which shall be judi-
cially noticed. 
(d) The Commission shall at the close of each fiscal year report to 
the Congress and to the President concerning the action it has taken; 
the names, salaries, and duties of all individuals in its employ and the 
moneys it has disbursed; and shall make such further reports on the 
cause of and means of eliminating discrimination and such recom-
mendations for further legislation as may appear desirable. 
(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 
2201-2209), is further amended— 
(1) by adding to section 105 thereof (5 U.S.C. 2204) the fol-
lowing clause: 
"(32) Chairman, Equal Employment Opportunity Commis-
sion" ; and 
(2) by adding to clause (45) of section 106(a) thereof (5 
U.S.C. 2205(a)) the following: "Equal Employment Opportu-
nity Commission (4)." 
(f) The principal office of the Commission shall be in or near the 
District of Columbia, but it may meet or exercise any or all its powers 
at any other place. The Commission may establish such regional or 
State offices as it deems necessary to accomplish the purpose of this 
title. 
(g) The Commission shall have power— 
(1) to cooperate with and, with their consent, utilize regional, 
State, local, and other agencies, both public and private, and 
individuals; 
(2) to pay to witnesses whose depositions are taken or who are 
summoned before the Commission or any of its agents the same 
witness and mileage fees as are paid to witnesses in the courts 
of the United States; 
78 STAT. I 
PUBLIC LA¥ 88-352-JULY 2, 1964 
259 
(3) to furnish to persons subject to this title such technical 
assistance as they may request to further their compliance with 
this title or an order issued thereunder; 
(4) upon the request of (i) any employer, whose employees 
or some of them, or (ii) any labor organization, whose members 
or some of them, refuse or threaten to refuse to cooperate in 
effectuating the provisions of this title, to assist in such effectua-
tion by conciliation or such other remedial action as is provided 
by this title; 
(5) to make such technical studies as are appropriate to 
effectuate the purposes and policies of this title and to make the 
results of such studies available to the public; 
(6) to refer matters to the Attorney General with recommen-
dations for intervention in a civil action brought by an aggrieved 
party under section 706, or for the institution of a civil action 
by the Attorney General under section 707, and to advise, consult, 
and assist the Attorney General on such matters. 
(h) Attorneys appointed under this section may, at the direction 
of the Commission, appear for and represent the Commission in any 
case in court. 
(i) The Commission shall, in any of its educational or promotional 
activities, cooperate with other departments and agencies in the per-
formance of such educational and promotional activities. 
(j) All officers, agents, attorneys, and employees of the Commis-
sion shall be subject to the provisions of section 9 of the Act of 
August 2, 1939, as amended (the Hatch Act), notwithstanding any 6/5131^*47^*^' 
exemption contained in such section. 
5 use 1 is'i. 
PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES 
SEC. 706. (a) Whenever it is charged in writing under oath by a 
person claiming to be aggrieved, or a written charge has been filed 
by a member of the Commission where he has reasonable cause to 
believe a violation of this title has occurred (and such charge sets 
forth the facts upon which it is based) that an employer, employment 
agency, or labor organization has engaged in an unlawful employment 
practice, the Commission shall furnish such employer, employment 
agency, or labor organization (hereinafter referred to as the "respond-
ent") with a copy of such charge and shall make an investigation of 
such charge, provided that such charge shall not be made public by the 
Commission. 
If the Commission shall determine, after such investi-
gation, that there is reasonable cause to believe that the charge is true, 
the Commission shall endeavor to eliminate any such alleged unlawful 
employment practice by informal methods of conference, conciliation, 
and persuasion. Nothing said or done during and as a part of such 
endeavors may be made public by the Commission without the written 
consent of the parties, or used as evidence in a subsequent proceeding. 
Any officer or employee of the Commission, who shall make public 
in any manner whatever any information in violation of this subsection 
shall be deemed guilty of a misdemeanor and upon conviction thereof 
shall be fined not more than $1,000 or imprisoned not more than one 
year. 
(b) In the case of an alleged unlawful employment practice occur- j„^^^^^ proceed-
ring in a State, or political subdivision of a State, which has a State 
or local law prohibiting the unlawful employment practice alleged 
and establishing or authorizing a State or local authority to grant or 
seek relief from such practice or to institute criminal proceedings 
with respect thereto upon receiving notice thereof, no charge may be 
filed under subsection (a) by the person aggrieved before the expira-
ings. 
260 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
Time require-
ments. 
Courts. 
Jurisdiction. 
tion of sixty days after proceedings have been commenced under the 
State or local law, unless such proceedings have been earlier termi-
nated, provided that such sixty-day period shall be extended to one 
hundred and twenty days during the first year after the effective 
date of such State or local law. If any requirement for the com-
mencement of such proceedings is imposed by a State or local author-
ity other than a requirement of the filing of a written and signed 
statement of the facts upon which the proceeding is based, the pro-
ceeding shall be deemed to have been commenced for the purposes of 
this subsection at the time such statement is sent by registered mail 
to the appropriate State or local authority. 
(c) In the case of any charge filed by a member of the Commission 
alleging an unlawful employment practice occurring in a State or 
political subdivision of a State, which has a State or local law pro-
hibiting the practice alleged and establishing or authorizing a State 
or local authority to grant or seek relief from such practice or to 
institute criminal proceedings with respect thereto upon receiving 
notice thereof, the Commission shall, before taking any action with 
resnect to such charge, notify the appropriate State or local officials 
and, upon request, afford them a reasonable time, but not less than 
sixty days (provided that such sixty-day period shall be extended 
to one hundred and twenty days during the first year after the effec-
tive day of such State or local law), unless a shorter period is 
requested, to act under such State or local law to remedy the practice 
alleged. 
(d) A charge under subsection (a) shall be filed within ninety days 
after the alleged unlawful employment practice occurred, except that 
in the case of an unlawful employment practice with respect to which 
the person aggrieved has followed the procedure set out in subsection 
(b), such charge shall be filed by the person aggrieved within two 
hundred and ten days after the alleged unlawful employment prac-
tice occurred, or within thirty days after receiving notice that the 
State or local agency has terminated the proceedings under the State 
or local law, whichever is earlier, and a copy of such charge shall be 
filed by the Commission with the State or local agency. 
(e) If within thirty days after a charge is filed with the Commis-
sion or within thirty days after expiration of any period of reference 
under subsection (c) (except that in either case such period may be 
extended to not more than sixty days upon a determination by the 
Commission that further efforts to secure voluntary compliance are 
warranted), the Commission has been unable to obtain voluntary 
compliance with this title, the Commission shall so notify the person 
aggrieved and a civil action may, within thirty days thereafter, be 
brought against the respondent named in the charge (1) by the person 
claiming to be aggrieved, or (2) if such charge was filed by a member 
of the Commission, by any person whom the charge alleges was 
aggrieved by the alleged unlawful employment practice. 
Upon 
application by the complainant and in such circumstances as the court 
may deem ;iust, the court may appoint an attorney for such com-
plainant and may authorize the commencement of the action without 
the payment of fees, costs, or security. Upon timely application, the 
court may, in its discretion, permit the Attorney General to intervene 
in such civil action if he certifies that the case is of general public 
importance. T^pon request, the court may, in its discretion, stay 
further proceedings for not more than sixty days pending the termi-
nation of State or local proceedings described in subsection (b) or the 
efforts of the Commission to obtain voluntary compliance. 
(f) Each Ignited States district court and each United States 
court of a place subject to the jurisdiction of the United States shall 
78 STAT. ] 
PtIBOC LA¥ 88-352-JULY 2. 1964 
261 
have jurisdiction of actions brought under this title. Such an action 
may be brought in any judicial district in the State in. which the 
unlawful employment practice is alleged to have been committed, in 
the judicial district in which the employment records relevant to such 
practice are maintained and administered, or in the judicial district in 
which the plaintiff would have worked but for the alleged unlawful 
employment practice, but if the respondent is not found within any 
such district, such an action may be brought within the judicial district 
in which the respondent has his principal office. For purposes of sec-
tions 1404 and 1406 of title 28 of the United States Code, the judicial 
5J ^;^*; H]: 
district in which the respondent has his principal office shall in all 76A stat.* 699.' 
cases be considered a district in which the action might have been 
brought. 
(g) 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 affirm-
ative action as may be appropriate, which may include 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 for the unlawful employment practice). 
Interim 
earnings or amounts earnable with reasonable diligence by the per-
son or persons discriminated against shall operate to reduce the back 
pay otherwise allowable. 
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 employ-
ment or advancement or was suspended or discharged for any rea-
son other than discrimination on account of race, color, religion, sex 
or national origin or in violation of section 704 (a). 
(h) The provisions of the Act entitled "An Act to amend the 
\ 
Judicial Code and to define and limit the jurisdiction of courts sitting 
in equity, and for other purposes," approved March 23, 1932 (29 
U.S.C. 101-115), shall not apply with respect to civil actions brought 
4 7 stat. 70, 
under this section. 
(i) In any case in which an employer, employment agency, or labor 
organization fails to comply with an order of a court issued in a civil 
action brought under subsection (e), the Commission may commence 
proceedings to compel compliance with such order. 
(j) Any civil action brought under subsection (e) and any proceed-
ings brought under subsection (i) shall be subject to appeal as pro-
vided in sections 1291 and 1292, title 28, ITnited States Code. 
^l |J^*- ^^l: 
(k) In any action or proceeding under this title the court, m its 72 stat. 348, 
discretion, may allow the prevailing party, other than the Commission ^^^osts fees. 
or the United States, a reasonable attorney's fee as part of the costs, 
and the Commission and the United States shall be liable for costs 
the same as a private person. 
SEC. 707. (a) Whenever the Attorney General has reasonable cause 
^"^^^ ^y A"""" 
to believe that any person or group of persons is engaged m a pattern 
or practice of resistance to tiie full enjoyment of any of the rights 
secured by this title, and that the pattern or practice is of such a nature 
and is intended to deny the full exercise of the rights herein described, 
the Attorney General may bring a civil action in the appropriate 
district court of the United States by filing with it a complaint 
(1) signed by him (or in his absence the Acting Attorney General), 
(2) setting forth facts pertaining to such pattern or practice, and 
(3) requesting such relief, including an application for a permanent 
or temporary injunction, restraining order or other order against the 
ney General. 
,262 
PUBLIC LAW 88-a52-JULY 2, 1964 
[78 STAT. 
person or persons responsible for such pattern or practice, as he deems 
necessary to insure the full enjoyment of the rights herein described. 
(b) The district courts of the United States shall have and shall 
exercise jurisdiction of proceedings instituted pursuant to this sec-
tion, and in any such proceeding the Attorney General may file with 
the clerk of such court a request that a court of three judges be con-
vened to hear and determine the case. Such request by the Attorney 
General shall be accompanied by a certificate that, in his opinion, the 
case is of general public importance. A copy of the certificate and 
request for a three-judge court shall be immediately furnished by such 
clerk to the chief judge of the circuit (or in his absence, the presiding 
circuit judge of the circuit) in which the case is pending. Upon receipt 
of such request it shall be the duty of the chief judge of the circuit or 
the presiding circuit judge, as the case may be, to designate imme-
diately three judges in such circuit, of whom at least one shall be a 
circuit judge and another of whom shall be a district judge of the court 
in which the proceeding was instituted, to hear and determine such 
case, and it shall be the duty of the judges so designated to a s s i ^ the 
case for hearing at the earliest practicable date, to participate m the 
liearing and determination thereof, and to cause the case to be in every 
way expedited. 
An appeal from the final judgment of such court 
will lie to the Supreme Court. 
In the event the Attorney General fails to file such a request in any 
such proceeding, it shall be the duty of the chief judge of the district 
(or in his absence, the acting chief judge) in which the case is pending 
immediately to designate a judge in such district to hear and deter-
mine the case. In the event that no judge in the district is available 
to hear and determine the case, the chief judge of the district, or the 
acting chief judge, as the case may be, shall certify this fact to the 
chief judge of the circuit (or in his absence, the acting chief judge) 
who shall then designate a district or circuit judge of the circuit to 
hear and detertnine the case. 
It shall be the duty of the judge designated pursuant to this section 
to assign the case for hearing at the earliest practicable date and to 
cause the case to be in every way expedited. 
EFFECT ON STATE LAWS 
SEC. 708. Nothing in this title shall be deemed to exempt or 
relieve any person from any liability, duty, penalty, or punishment 
provided by any present or future law of any State or political sub-
division of a State, other than any such law which purports to require 
or permit the doing of any act which would be an unlawful employ-
ment practice under this title. 
INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES 
SEC. 709. (a) In connection with any investigation of a charge filed 
under section 706, the Commission or its designated representative 
shall at all reasonable times have access to, for the purposes of exam-
ination, and the right to copy any evidence of any person being investi-
gated or proceeded against that relates to unlawful employment 
practices covered by this title and is relevant to the charge under 
investigation. 
stSTlndTolai 
(^) '^^® Commission may cooperate with State and local agencies 
agenciTs. °'^^ 
charged with the administration of State fair employment practices 
laws and, with the consent of such agencies, may for the purpose of 
carrying out its functions and duties under this title and within the 
limitation of funds appropriated specifically for such purpose, utilize 
the services of such agencies and their employees and, notwithstand-
78 STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
265 
ing any other provision of law, may reimburse such agencies and their 
employees for services rendered to assist the Commission.in carrying 
out this title. In furtherance of such cooperative efforts, the Com-
mission may enter into written agreements with such State or local 
agencies and such agreements may include provisions under which 
the Commission shall refrain from processing a charge in any cases 
or class of cases specified in such agreements and under which no 
person may bring a civil action under section 706 in any cases or class 
of cases so specified, or under which the Commission shall relieve 
any person or class of persons in such State or locality from require-
ments imposed under this section. 
The Commission shall rescind 
any such agreement whenever it determines that the agreement no 
longer serves the interest of effective enforcement of this title. 
(c) Except as provided in subsection (d), every employer, employ- 
Records. 
ment agency, and labor organization subject to this title shall (1) 
make and keep such records relevant to the determinations of whether 
unlawful employment practices have been or are being committed, (2) 
preserve such records for such periods, and (3) make such reports 
therefrom, as the Commission shall prescribe by regulation or order, 
after public hearing, as reasonable, necessary, or appropriate for the 
enforcement of this title or the regulations or orders thereunder. 
The Commission shall, by regulation, require each employer, labor 
organization, and joint labor-management committee subject to this 
title which controls an apprenticeship or other training program to 
maintain such records as are reasonably necessary to carry out the 
purpose of this title, including, but not limited to, a list of applicants 
who wish to participate in such program, including the chronological 
order in which such applications were received, and shall furnish to 
the Commission, upon request, a detailed description of the manner in 
which persons are selected to participate in the apprenticeship or 
other training program. 
Any employer, employment agency, labor 
organization, or joint labor-management committee which believes 
that the application to it of any regulation or order issued under this 
section would result in undue hardship may (1) apply to the Com-
mission for an exemption from the application of such regulation or 
order, or (2) bring a civil action in the United States district court 
for the district where such records are kept. 
If the Commission or 
the court, as the case may be, finds that the application of the regu-
lation or order to the employer, employment agency, or labor organ-
ization in question would impose an undue hardship, the Commission 
or the court, as the case may be, may grant appropriate relief. 
(d) The provisions of subsection (c) shall not apply to any 
Exceptions. 
employer, employment agency, labor organization, or joint labor-
management committee with respect to matters occurring in any 
State or political subdivision thereof which has a fair employment 
practice law during any period in which such employer, employment 
agency, labor organization, or joint labor-management committee is 
subject to such law, except that the Commission may require such nota-
tions on records which such employer, employment agency, labor 
organization, or joint labor-management committee keeps or is 
required to keep as are necessary because of differences in coverage 
or methods of enforcement between the State or local law and the 
provisions of this title. Wliere an employer is required by Executive 
Order 10925, issued March 6, 1961, or by any other Executive order supp^fp.'se.^^ 
prescribing fair employment practices tor Government contractors 
s use 631 note. 
and subcontractors, or by rules or regulations issued thereunder, to 
file reports relating to his employment practices with any Federal 
agency or committee, and he is substantially in compliance with such 
requirements, the Commission shall not require him to file additional 
reports pursuant to subsection (c) of this section. 
31-667 0-65—20 
264 
PUBLIC LAW 88-a52-JULY 2, 1964 
[78 STAT. 
Prohibited dis-
closures. 
Petitions. 
(e) It shall be unlawful for any officer or employee of the Commis-
sion to make public in any manner whatever any information obtained 
by the Commission pursuant to its authority under this section prior 
to the institution of any proceeding under this title involving such 
information. 
Any officer or employee of the Commission who shall 
make public in any manner whatever any information in violation of 
this subsection shall be guilty of a misdemeanor and upon conviction 
thereof, shall be fined not more than $1,000, or imprisoned not more 
than one year. 
INVESTIGATORY POWERS 
SEC. 710, (a) For the purposes of any investigation of a charge 
filed under the authority contained in section 706, the Commission 
shall have authority to examine witnesses under oath and to require 
the production of documentary evidence relevant or material to the 
charge under investigation. 
(b) If the respondent named in a charge filed under section 706 
fails or refuses to comply with a demand of the Commission for per-
mission to examine or to copy evidence in conformity with the pro-
visions of section 709(a), or if any person required to comply with 
the provisions of section 709 (c) or (d) fails or refuses to do so, or 
if any person fails or refuses to comply with a demand by the Com-
mission to give testimony under oath, the United States district court 
for the district in which such person is found, resides, or transacts 
business, shall, upon application of the Commission, have jurisdiction 
to issue to such person an order requiring him to comply with the 
provisions of section 709 (c) or (d) or to comply with the demand 
of the Commission, but the attendance of a witness may not be 
required outside the State where he is found, resides, or transacts 
business and the production of evidence may not be required outside 
the State where such evidence is kept. 
(c) Within twenty days after the service upon any person charged 
under section 706 of a demand by the Commission for the production 
of documentary evidence or for permission to examine or to copy 
evidence in conformity with the provisions of section 709(a), such 
person may file in the district court of the United States for the judi-
cial district in which he resides, is found, or transacts business, and 
serve upon the Commission a petition for an order of such court modi-
fying or setting aside such demand. The time allowed for compliance 
with the demand in whole or in part as deemed proper and ordered 
by the court shall not run during the pendency of such petition in the 
court. Such petition shall specify each ground upon which the peti-
tioner relies in seeking such relief, and may be based upon any failure 
of such demand to comply with the provisions of this title or with the 
limitations generally applicable to compulsory process or upon any 
constitutional or other legal right or privilege of such person. 
No 
objection which is not raised by such a petition may be urged in the 
defense to a proceeding initiated by the Commission under subsection 
(b) for enforcement of such a demand unless such proceeding is com-
menced by the Commission prior to the expiration of the twenty-day 
period, or unless the court determines that the defendant could not 
reasonably have been aware of the availability of such ground of 
objection. 
(d) In any proceeding brought by the Cbmmission under subsection 
(b), except as provided m subsection (c) of this section, the defendant 
may petition the court for an order modifying or setting aside the 
demand of the Commission. 
78 STAT. ] 
PUBLIC LAW 88-3i52-JULY 2, 1964 
265 
NOTICES TO BE POSTED 
SEC. 711. (a) Every employer, employment agency, and labor orga-
nization, as the case may be, shall post and keep posted in conspicuous 
places upon its premises where notices to employees, applicants for 
employment, and members are customarily posted a notice to be pre-
pared or approved by the Commission setting forth excerpts from or, 
summaries of, the pertinent provisions of this title and information 
pertinent to the filing of a complaint. 
(b) A willful violation of this section shall be punishable by a fine of 
not more than $100 for each separate offense. 
VETERANS 
PREFERENCE 
SEC. 712. Nothing contained in this title shall be construed to repeal 
or modify any Federal, State, territorial, or local law creating special 
rights or preference for veterans. 
RULES AND REGULATIONS 
SEC. 713. (a) The Commission shall have authority from time to 
time to issue, amend, or rescind suitable procedural regulations to 
carry out the provisions of this title. Regulations issued under this 
section shall be in conformity with the standards and limitations of the 
Administrative Procedure Act. 
5°usc*'iooi* 
(b) In any action or proceeding based on any alleged unlawful note. 
employment practice, no person shall be subject to any liability or 
punishment for or on account of (1) the commission by such person 
of an unlawful employment practice if he pleads and proves that the 
act or omission complained of was in good faith, in conformity with, 
and in reliance on any written interpretation or opinion of the Com-
mission, or (2) the failure of such person to publish and file any 
information required by any provision of this title if he pleads and 
proves that he failed to publish and file such information in good faith, 
in conformity with the instructions of the Commission issued under 
this title regarding the filing of such information. 
Such a defense, 
if established, shall be a bar to the action or proceeding, notwith-
standing that (A) after such act or omission, such interpretation or 
opinion is modified or rescinded or is determined by judicial authority 
to be invalid or of no legal effect, or (B) after publishing or filing the 
description and annual reports, such publication or filing is deter-
mined by judicial authority not to be in conformity with the require-
ments of this title. 
FORCIBLY R E S I S T I N G THE COMMISSION OR ITS REPRESENTATIVES 
SEC. 714. The provisions of section 111, title 18, United States 
Code, shall apply to officers, agents, and employees of the Com-
mission in the performance of their official duties. 
62 Stat. 688. 
SPECIAL STUDY BY SECRETARY OF LABOR 
SEC. 715. The Secretary of Labor shall make a full and complete 
study of the factors which might tend to result in discrimination in 
employment because of age and of the consequences of such discrimi-
nation on the economy and individuals affected. 
The Secretary of 
Labor shall make a report to the Congress not later than June 30, 
1965, containing the results of such study and shall include in such 
report such recommendations for legislation to prevent arbitrary dis-
crimination in employment because of age as he determines advisable. 
Report to 
Congress. 
266 
PUBLIC LAW 88-352-JULY 2, 1964 
[78 STAT. 
Presidential 
conferences. 
Membership. 
Survey. 
68 Stat. 1013, 
1022; 76 Stat. 922. 
13 u s e 9, 211-
241. 
EFFECTIVE DATE 
SEC. 716. (a) This title shall become effective one year after the 
date of its enactment. 
(b) Notwithstanding subsection (a), sections of this title other 
than sections 703, 704, 706, and 707 shall become effective immediately. 
(c) The President shall, as soon as feasible after the enactment of 
this title, convene one or more conferences for the purpose of enabling 
the leaders of groups whose members will be affected by this title to 
become familiar with the rights aft'orded and obligations imposed by 
its provisions, and for the purpose of making plans which will result 
in the fair and effective administration of this title when all of its 
provisions become effective. 
The President shall invit/e the participa-
tion in such conference or conferences of (1) the members of the 
President's Committee on Equal Employment Opportunity, (2) the 
members of the Commission on Civil Rights, (3) representatives of 
State and local agencies engaged in furthering equal employment 
opportunity, (4) representatives of private agencies engaged in fur-
thering equal employment opportunity, and (5) representatives of 
employers, labor organizations, and employment agencies who wdll be 
subject to this title. 
TITLE VIII—REGISTRATION AND VOTING STATISTICS 
SEC. 801. The Secretary of Commerce shall promptly conduct a sur-
vey to compile registration and voting statistics in such geographic 
areas as may be recommended by the Commission on Civil Rights. 
Such a survey and compilation shall, to the extent recommended by 
the Commission on Civil Rights, only include a count of persons of 
voting age by race, color, and national origin, and determination of 
the extent to which such persons are registered to vote, and have voted 
in any statewide primary or general election in which the Members 
of the United States House of Representatives are nominated or 
elected, since January 1, 1960. Such information shall also be col-
lected and compiled in connection with the Nineteenth Decennial 
Census, and at such other times as the Congress may prescribe. The 
provisions of section 9 and chapter 7 of title 13, United States Code, 
shall apply to any survey, collection, or compilation of registration 
and voting statistics carried out under this title: Provided^ however^ 
That no person shall be compelled to disclose his race, color, national 
origin, or questioned about his political party affiliation, how he voted, 
or the reasons therefore, nor shall any penalty be imposed for his 
failure or refusal to make such disclosure. Every person interrogated 
orally, by written survey or questionnaire or by any other means with 
respect to such information shall be fully advised with respect to 
his right to fail or refuse to furnish such information. 
TITLE IX—INTERVENTION AND PROCEDURE AFTER 
REMOVAL IN CIVIL RIGHTS CASES 
63 Stat. 102. 
62 Stat. 938. 
SEC. 901. Title 28 of the United States Code, section 1447(d), is 
amended to read as follows: 
"An order remanding a case to the State court from which it was 
removed is not reviewable on appeal or otherwise, except that an 
order remanding a case to the State court from which it was removed 
])ursuant to section 1443 of this title shall be reviewable by appeal 
or otherwise." 
SEC. 902. Whenever an action has been commenced in any court of 
the United States seeking relief from the denial of equal protection of 
the laws under the fourteenth amendment to the Constitution on ac-
7B STAT. ] 
PUBLIC LAW 88-352-JULY 2, 1964 
26? 
count of race, color, religion, or national origin, the Attorney General 
for or in the name of the United States may intervene in such action 
upon timely application if the Attorney General certifies that the case 
is of general public importance. In such action the United States 
shall be entitled to the same relief as if it had instituted the action. 
TITLE X—ESTABLISHMENT OF COMMUNITY 
KELATIONS SEKVICE 
SEC. 1001. (a) There is hereby established in and as a part of the 
Department of Commerce a Community Relations Service (herein-
after referred to as the "Service"), which shall be headed by a Direc-
tor who shall be appointed by the President with the advice and con-
sent of the Senate for a term of four years. The Director is author-
ized to appoint, subject to the civil service laws and regulations, such 
other personnel as may be necessary to enable the Service to carry out 
its functions and duties, and to fix their compensation in accordance 
with the Classification Act of 1949, as amended. The Director is fur- 
fus'c^107*1"' 
ther authorized to procure services as authorized by section 15 of the note. 
Act of August 2,1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at rates for 
individuals not in excess of $75 per diem. 
(b) Section 106(a) of the Federal Executive Pay Act of 1956, as 
amended (5 U.S.C. 2205(a)), is further amended by adding the 
70 stat. 737. 
following clause thereto: 
" (52) Director, Community Relations Service." 
SEC. 1002. It shall be the function of the Service to provide assist- 
Func"°ns. 
ance to communities and persons therein in resolving disputes, disagree-
ments, or difficulties relating to discriminatory practices based on race, 
color, or national origin which impair the rights of persons in such 
communities under the Constitution or laws of the United States or 
which affect or may affect interstate commerce. The Service may offer 
its services in cases of such disputes, disagreements, or difficulties 
whenever, in its judgment, peaceful relations among the citizens of 
the community involved are threatened thereby, and it may offer 
its services either upon its own motion or upon the request of an appro-
priate State or local official or other interested person. 
SEC. 1003. (a) The Service shall, whenever possible, in performing 
its functions, seek and utilize the cooperation of appropriate State or 
local, public, or j)rivate agencies. 
(b) The activities of all officers and employees of the Service in pro-
viding conciliation assistance shall be conducted in confidence and 
without publicity, and the Service shall hold confidential any infor-
mation acquired in the regular performance of its duties upon the 
understanding that it would be so held. No officer or employee of the 
Service shall engage in the performance of investigative or prosecut-
ing functions of any department or agency in any litigation arising 
out of a dispute in which he acted on behalf of the Service. Any officer 
or other employee of the Service, who shall make public in any man-
ner whatever any information in violation of this subsection, shall 
be deemed guilty of a misdemeanor and, upon conviction thereof, shall 
be fined not more than $1,000 or imprisoned not more than one year. 
SEC. 1004. Subject to the provisions of sections 205 and 1003(b), ^Report to 
the Director shall, on or before January 31 of each year, submit to 
the Congress a report of the activities of the Service during the 
preceding fiscal year. 
Congress. 
268 
PUBLIC LAW 88-a52-JULY 2. 1964 
[78 STAT. 
TITLE XI—MISCELLANEOUS 
Trial by jury. 
Exceptions. 
Double jeopardy. 
Attorney Gen-
eral, etc., au-
thority. 
States' 
ity. 
author-
Appropriation. 
Separability 
clause. 
SEC. 1101. In any proceeding for criminal contempt arising under 
title II, III, IV, V, VI, or VII of this Act, the accused, upon demand 
therefor, shall be entitled to a trial by jury, which shall conform 
as near as may be to the practice in criminal cases. Upon conviction, 
the accused shall not be fined more than $1,000 or imprisoned for 
more than six months. 
This section shall not apply to contempts committed in the presence 
of the court, or so near thereto as to obstruct the administration of 
justice, nor to the misbehavior, misconduct, or disolwdience of any 
officer of the court in respect to writs, orders, or process of the court. 
No person shall be convicted of criminal contempt hereunder unless 
the act or omission constituting such contempt shall have been inten-
tional, as required in other cases of criminal contempt. 
Nor shall anything herein be construed to deprive courts of their 
power, by civil contempt proceedings, without a jury, to secure com-
pliance with or to prevent obstruction of, as distinguished from 
punishment for violations of, any lawful writ, process, order, rule, 
decree, or command of the court in accordance with the prevailing 
usages of law and equity, including the power of detention. 
SEC. 1102. No person should be put twice in jeopardy under the 
laws of the United States for the same act or omission. 
For this 
reason, an acquittal or conviction in a prosecution for a specific crime 
under the laws of the United States shall bar a proceeding for crim-
inal contempt, which is based upon the same act or omission and 
which arises under the provisions of this Act; and an acquittal or 
conviction in a proceeding for criminal contempt, which arises under 
the provisions of this Act, shall bar a prosecution for a specific crime 
under the laws of the United States based upon the same act or 
omission. 
SEC. 1103. Nothing in this Act shall be construed to deny, impair, 
or otherwise affect any right or authority of the Attorney General or 
of the United States or any agency or officer thereof under existing 
law to institute or intervene in any action or proceeding. 
SEC. 1104. Nothing contained in any title of this Act shall be 
construed as indicating an intent on the part of Congress to occupy 
the field in which any such title operates to the exclusion of State laws 
on the same subject matter, nor shall anv provision of this Act be 
construed as invalidating any provision oi State law unless such pro-
vision is inconsistent with any of the purposes of this Act, or any 
provision thereof. 
SEC. 1105. There are hereby authorized to be appropriated such 
sums as are necessary to carry out the provisions of this Act. 
SEC. 1106. If any provision of this Act or the application thereof 
to any person or circumstances is held invalid, the remainder of the 
Act and the application of the provision to other persons not similarly 
situated or to other circumstances shall not be affected thereby. 
Approved July 2, 1964.