78TH CONGRESS 2d Session } HOUSE OF REPRESENTATIVES ( REPORT No. 2016 PROHIBITING DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, ETC. DECEMBER 4, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mrs. NORTON, from the Committee on Labor, submitted the following REPORT [To accompany H. R. 3986] The Committee on Labor, to whom was referred the bill (H. R. 3986) to prohibit discrimination in employment because of race, creed, color, national origin, or ancestry, after holding hearings and having considered the same, report favorably thereon without amendment and recommend that the bill do pass. To the peoples of the world, America has always stood as the symbol of freedom and equality. It was founded and brought forth as a nation on the principle that all men, no matter what their religion, color, national origin, or political belief, are born with the right to freedom to worship and work that they may safeguard their spiritual and economic standards. The men and women of this Nation hold that fundamental belief so dear, and trust their form of government so completely to uphold this belief, that they are fighting and dying on the battle fronts of the world and sacrificing much to produce the implements of war on the home front, so that freedom may survive. The war will come to a victorious end in the next year or two and when it does, our men and women will return not only from the battle fronts of the world but will return also to peacetime occupations in this country from the production of war materials. All the citizens of the country agree completely that there must be equal opportunity for all and, so that it may be doubly insured, this bill, H. R. 3986, has been reported favorably by the House Labor Committee, following weeks of hearings during which time not one witness appeared in opposition to the bill and only one statement in opposition. The bill forbids discriminatory employment practices by private employers, trade-unions, and Federal agencies because of race, creed, color, national origin, or ancestry. It creates a quasi-judicial tribunal to be known as the Fair Employment Practice Commission and empowers the Commission after hearings to issue cease and desist orders against violators. These orders are enforceable only by the courts. Our discussion of the bill is divided into the following headings: I. The need for Federal legislation A. The extent of discrimination B. The present Committee on Fair Employment C. The inadequacy of State action D. The existing national policy against discrimination II. The analysis of the bill III. The constitutionality of the bill I. THE NEED FOR FEDERAL LEGISLATION A. THE EXTENT OF DISCRIMINATION That discrimination in employment because of race, color, creed, national origin, or ancestry is a widespread practice in all sections of the country is unfortunately true. The four largest minorities who suffer from such practices are our 13,000,000 Negroes, our 5,000,000 Jews, and our 3,000,000 Americans of Mexican or Spanish origin, and our 5,000,000 foreign-born citizens. The President's Committee on Fair Employment Practice created by Executive order itself received more than 4,000 complaints during the last fiscal year, although its jurisdiction is limited to war industries, Government contractors, and agencies of the Federal Government. As late as January 1942, 18 months after our national defense program had begun, Negroes constituted only 3 percent of the workers in war industry, although they represented 10 percent of the popu lation and a somewhat higher proportion of the labor force. This figure of 3 percent has risen so that as of September 1, 1944, it stood at 8.1 but this is primarily due to the tightness of the labor market, rather than compliance with existing administrative regulations. Discrimination against Latin-Americans in the Southwest which takes the form of arbitrarily shunting them permanently to the lowest paid and least desirable jobs is likewise a common practice. Trade-unions have also openly discriminated against nonwhites. At least 13 national labor organizations with a membership of more than a million members refuse to admit Negroes to membership by reason of provisions in their union constitutions. At least 9 other national unions relegate Negroes to segregated auxiliary locals where they are given a status inferior to that of the white members. Many other trade-unions by tacit consent exclude Negroes from membership, or confine their job opportunities to certain departments or crafts. With the prospects of an early victory over Germany, the demobilization of millions of soldiers, the abrupt cancelation of war contracts, the reconversion of industry from war orders to civilian manufacture, industry will be subjected to unprecedented strains and stresses. The competition for jobs will necessarily become acute. Without a permanent Federal agency to safeguard the rights of minorities, this competition will develop race tension which is the inevitable prelude to race riots. Now is the time to take practical steps to avoid the epidemic of race riots which marked the post-war years of 1919 and 1920. B. THE PRESENT COMMITTEE ON FAIR EMPLOYMENT PRACTICE The Committee on Fair Employment Practice was created by an Executive order of the President of the United States issued on June 25, 1941. Subsequently by Executive Order 9346, issued May 27, 1943, a new committee was established. The Executive orders are based upon the emergency powers of the President as Commander in Chief of the Army and Navy. Whether these Executive orders have any validity after the present emergency has ended is open to grave doubt. Congress which has authorized the expenditure of $500,000 by the President's Committee for this fiscal year must, therefore, decide whether it will legislate to continue the national policy against discrimination and make it effective for nonwar industries and the post-war period. Regardless of the permanence of the present Fair Employment Practice Committee, all critics are agreed that despite brave efforts on its part, it lacks sufficient powers to compel effective compliance with the national policy. The Fair Employment Practice Committee's directives are not enforceable in the courts or elsewhere. (The only sanctions available to enforce the national policy against discrimination are those available to our procurement agencies or those inherent in the employment stabilization programs of the War Manpower Commission). No agency can even begin to solve this problem of discrimination without adequate sanctions and investigatory powers. C. THE INADEQUACY OF STATE ACTION Only 12 States have enacted legislation forbidding discrimination in employment based upon race, creed, color, or national origin, and none of these laws is a comprehensive effort as broad in scope as the problem. The statutes of California, Connecticut, Michigan, and Wisconsin are applicable only to discrimination in State civil service. The Pennsylvania act forbids discrimination by trade-unions only. The Massachusetts statute applies to public-works contracts only. The Kansas statutes apply only to trade-unions and to public-works contracts. The Nebraska statutes apply only to trade-unions and to war contractors. The Illinois statutes apply only to civil-service employees, work relief, and public-works contracts. The New Jersey statutes apply only to civil-service, public-works, and war contractors. The Minnesota statutes apply only to civil-service, work-relief, and public-works contractors. The New York laws, which are the best of their kind, apply to civil service, labor unions, war contractors, public-works contractors, and public utilities; they are administered by a nonstatutory committee appointed by the Governor. But State action, even though it is welcome as complementary to Federal legislation, is in itself inadequate. State action obviously cannot concern itself with discrimination in Federal agencies nor can it constitutionally deal with discrimination in the railroad or maritime industry. State action is powerless finally in dealing with huge enterprises whose plants are located in many States. The Federal Government cannot close its eyes to this national disgrace of discrimination and rely upon State legislation which is necessarily limited and inadequate. D. THE EXISTING NATIONAL POLICY AGAINST DISCRIMINATION The objective sought by the bill, the elimination of racial or religious discrimination, is not a novel or radical doctrine. On the contrary, it is rooted in the Constitution, the Declaration of Independence, and a score of Federal statutes. As early as 1870 the Congress enacted a civil-rights law conferring upon all persons equal rights under the law (80 U. S. C. 41). In 1890 the Agricultural College or Second Morrill Act (7 U. S. C. 323) forbade "distinction of race or color" in the admission of students to federally aided colleges. Since 1933 no less than 21 different Federal statutes or appropriation acts have been adopted by the Congress forbidding racial or religious discrimination. Among these are the Selective Service Training Act of 1940 (54 Stat. 885), the Civil Service Classification Act of 1940 (54 Stat. 1214), the Civilian Conservation Corps Act of 1937 (50 Stat. 320), the Nurses Training Act of 1933 (57 Stat. 153), the Lanham or Defense Housing Appropriation Act of 1941 (55 Stat. 363), and the various appropriation acts for the National Youth Administration, and the Federal Security Agency. Your committee believe that this policy against discrimination so deeply rooted in our institutions must now receive adequate congressional affirmation. ANALYSIS OF THE BILL Section 1. Findings and declaration of policy. This section states the underlying factual basis for the regulation provided in the bill. Experience has demonstrated that discrimination in employment because of race, creed, color, national origin, or ancestry, demoralizes huge segments of our population, leads to inter-racial tension and conflict, deprives our industries of trained and qualified workmen, forces minority groups permanently into substandard conditions of living, and is a constant threat to the maintenance of industrial peace, inter-racial harmony, and a sound economy. The national policy of eliminating such discrimination in all employment relations falling within the jurisdiction of the Federal Government is also explicitly set forth. Section 2. Right to freedom from discrimination in employment.-The right to work is the right to live. This section attempts to protect that right by declaring that the right to be free from discrimination in employment because of race, color, creed, national origin, or ancestry is an "immunity" to be protected by the fourteenth amend ment. Section 3. Unfair employment practices defined.-This section seeks to outlaw discriminatory practices by three major groups, private employers, labor unions, and agencies of the Federal Government. It forbids discrimination in every incident of the employment relationship. Thus it would make unlawful a discriminatory refusal to hire, refer, to upgrade, or promote, or to classify properly. It is designed to forbid wage differentials based upon race, discriminatory transfers or assignments, discriminatory discharges, and discrimination in the application of seniority rules. It likewise seeks to ban the various devices by which discrimination is effected. The section also seeks to forbid discriminatory practices by tradeunions. It forbids them to deny membership because of race, creed, color, national origin, or ancestry or to discriminate among members because of such facts. In addition, the section seeks to protect those persons who suffer discrimination not because of race or creed but because they seek to assist their fellow employees who belong to a minority group. Thus it forbids discrimination against employees who oppose discrimination or who assist in any proceeding brought under the bill. Having stated the objective of extirpating every form of discrimination in employment, no matter how occasioned, devised, or motivated, it should likewise clearly be stated what the bill does not seek to do. The bill is not concerned with matters other than employment, such as housing, education, recreation, transportation, political rights, or social relationships. SEC. 4. Scope of act.-The bill seeks to invoke the fullest exercise of the powers of the Federal Government to forbid discriminatory employment practices. Thus it is applicable to employers engaged in interstate or foreign commerce or in the production of goods for commerce, to employers whether or not engaged in such commerce who contract with the Federal Government, and to the subcontractors of such prime contractors. The concept of interstate commerce and operations affecting it has been the subject of so much recent judicial interpretation, particularly under the National Labor Relations Act. that we believe there should be no difficulty in determining the boundaries of Federal jurisdiction. For administrative reasons, however, the bill exempts those employers who employ less than six persons. Trade-unions having five or more members in the employ of an interstate employer are likewise subject to the bill. Finally the bill regulates the employment relations of every Federal agency, except that the procedure for judicial review of the administrative cease-and-desist orders provided for is not applicable. Instead the section provides that any Federal officer who violates an order of the Commission created by the bill (as distinguished from a violation of the unfair employment practice section) shall be removed from office. The Commission will presumably report to the appropriate appointing officer or agency any violation of its orders by a subordinate official. Sections 5, 6, 7, 8, and 9. Fair Employment Practice Commission.— These sections create a quasi-judicial agency to be known as the Fair Employment Practice Commission. The Commission will consist of seven members appointed for 7-year terms by the President with the advice and consent of the Senate. The original members will serve for terms ranging from 1 to 7 years. They will each receive $10,000 annually. Upon the appointment of a new Commission the present Committee on Fair Employment Practice created by Executive order 9346 will go out of existence, but the papers, employees, and unexpended appropriations of the President's committee will be transferred to the new Commission. H. Repts., 78-2, vol. 5- -69 |