The opinion of the court was delivered by: CORCORAN
The underlying complaint herein seeks a declaratory judgment that the defendant Equal Employment Opportunity Commission lacks authority to issue a "Guideline" and permanently to enjoin the Commission from seeking to enforce such a Guideline effective December 1, 1968 [see P16,900.04].
In the instant proceeding the plaintiffs seek a preliminary injunction and ask for a stay of the effective date of December 1, 1968 of a Guideline promulgated by the Commission interpreting Section 704(b) of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-3(b)).
The motion was heard on November 14, 1968.
Having considered the plaintiffs' motion, the supporting points and authorities, the affidavits of Stanford Smith and Lowell Steele, and the exhibits attached thereto, and defendants' opposition thereto, the Court makes the following:
1. On July 2, 1964, the President signed into law the Civil Rights Act of 1964, Public Law 88-352 (herein "the Act"). Title VII of the Act, which became effective July 2, 1965, is principally concerned with the elimination of discrimination in employment based upon race, color, religion, sex or national origin.
2. Section 705, Title VII of the Act (42 U.S.C. § 2000e-4) provides for the creation of a Commission to be known as the Equal Employment Opportunity Commission (herein "the Commission") consisting of five members to be appointed by the President, one of whom is to be the Chairman.
3. The defendants in this action are the members of the Commission.
4. The plaintiff, American Newspaper Publishers Association (herein ANPA) is a non-profit membership corporation organized and existing under the laws of the State of New York. Its membership consists of more than 1,000 daily newspapers representing more than 90 percent of the total daily and Sunday newspaper circulation in the United States. ANPA employs approximately 110 individuals.
5. The plaintiff, The Evening Star Newspaper Company, (herein "the Star") is a corporation organized and existing under the laws of the District of Columbia, and is authorized to do business in the District of Columbia. The Company publishes a daily newspaper, "The Evening Star", and a Sunday edition, "The Sunday Star", which is circulated in and around the metropolitan area of Washington, D.C. The daily circulation is approximately 320,000 copies; Sunday circulation is approximately 365,000 copies. The Star employs approximately 2,000 individuals.
6. The present proceeding is brought by each of the plaintiffs in their capacities as employers covered under the provisions of Title VII of the Act. Additionally, ANPA brings the action in a representative capacity on behalf of its member newspapers, and the Star brings the action in its capacity as a newspaper affected by the Guideline.
7. Section 713 of Title VII of the Act (42 U.S.C. § 2000e-12) provides in part: