Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/tut/empld.stb

Text File | 1993-08-01 | 53KB | 938 lines

2000e-2. Unlawful employment practices
(a) Employer practices. 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 employment,
because of such individual's race, color, religion, sex, or
national origin; or

(2) to limit, segregate, or classify his employees or applicants
for employment 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) Employment agency practices. It shall be an unlawful
employment practice for an employment 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 employment any individual on
the basis of his race, color, religion, sex, or national origin.

(C) Labor organization practices. 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, segregate, or classify its membership or applicants
for membership, or to classify or fail or refuse to refer for
employment any individual, in any 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 individual'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.

(d) Training programs. It 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.

(e) Businesses or enterprises with personnel qualified on basis
of religion, sex, or national origin; educational institutions
with personnel of particular religions. Notwithstanding any other
provision of this title [42 USC 2000e et seq.], (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 committee controlling apprenticeship or other
training or retraining programs 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
qualification 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 institution or institution of
learning to hire and employ employees of a particular 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 propagation of a
particular religion.

Members of Communist Party or Communist-action or Communist-front
organizations. As used in this title [42 USC 2000e et seq.], 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 organization
required to register as a Communist-action or Communist-front
organization by final order of the Subversive Activities Control
Board pursuant to the Subversive Activities Control Act of 1950.

(g) National security. Notwithstanding any other provision of
this title [42 USCS  2000e et seq.], 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 position, 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
performed 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
administered 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.

(h) Seniority or merit system; quantity or quality of production;
ability tests; compensation based on sex and authorized by
minimum wage provisions. Notwithstanding any other provision of
this title [42 USC  2000e et seq.], it shall not be an unlawful
employment practice for an employer to apply different standards
of compensation, or different terms, conditions, or privileges of
employment pursuant to a bona fide seniority or merit system, 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 administration 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
employment practice under this title [42 USC 2000e et seq.] for
any employer to differentiate upon the basis of sex in
determining the amount of the wages or compensation 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.

Businesses or enterprises extending preferential treatment to
Indians. Nothing contained in this title [42 USC 2000e et seq.]
shall apply to any business or enterprise on or near an lndian
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.

Preferential treatment not to be granted on account of
existing number or percentage imbalance. Nothing contained in
this title [42 USC 2000e et seq.] shall be interpreted to
require any employer, employment agency, labor organization, or
joint labor-management committee subject to this title [42
USC2000e et seq.] to grant preferential treatment to any
individual or to any group because of the race, color, religion,
sex, or national origin of such individu