美国1964年民权法

　　UNLAWFUL EMPLOYMENT PRACTICES

　　SEC. 2000e-2. [Section 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 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） 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） 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） 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） Notwithstanding any other provision of this subchapter， （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.

　　（f） As used in this subchapter， the phrase ``unlawful employment practice'' shall not be deemed to include any action or m

easure 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 [50 U.S.C. 781 et seq.].

　　（g） Notwithstanding any other provision of this subchapter， 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） Notwithstanding any other provision of this subchapter， 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 subchapter 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 206（d） of title 29 [section 6（d） of the Fair Labor Standards Act of 1938， as amended].

　　（i） Nothing contained in this subchapter shall apply to any business or 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 subchapter shall be interpreted to require any employer， employment agency， labor organization， or joint labor-management committee subject to this subchapter to grant preferential treatment to any individual or to any group because of the race， color， religion， sex， or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage 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 membership or classified by any labor organization， or admitted to， or employed in， any apprenticeship or other training program， in comparison 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.

　　（k） （1） （A） An unlawful employment practice based on disparate impact is established under this title only if-

　　（i） a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race， color， religion， sex， or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity； or

　　（ii） the complaining party makes the demonstration described in subparagraph （C） with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice.

　　（B） （i） With respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph （A）（i），the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact， except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis， the decisionmaking process may be analyzed as one employment practice.

　　（ii） If the respondent demonstrates that a specific employment practice does not cause the disparate impact， the respondent shall not be required to demonstrate that such practice is required by business necessity.

　　（C） The demonstration referred to by subparagraph （A）（ii） shall be in accordance with the law as it existed on June 4， 1989， with respect to the concept of ``alternative employment practice''.

　　（2） A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this title.

　　（3） Notwithstanding an

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