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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1082

1082     IOWA LAW REVIEW     [Vol. 49

   Legislation proscribing discrimination in housing, employment, and public accommodations on the grounds of race, religion, or ethnic backgrounds exists in numerous states. The experience in these states indicates that such legislation is practical and enforceable; so long, that is, as adequate enforcement machinery and procedures are provided.
   As an example, consider the record of Pennsylvania. In the nine-month period from March 1 to December 31, 1962, numerous cases were successfully adjudicated under that state's employment, housing, and public accommodations statutes. More specifically, unlawful practices were found and adjusted in 32 of 126 employment cases, 37 of 71 housing cases, and 55 of 74 public accommodations cases.63 The Connecticut Commission on Civil Rights recently reported that "In 1961-62, 294 complaints were received. Over two-thirds were statutory, alleging discrimination in employment, public places, and public or private housing. In more than half of these complaints the Commission found [sufficient] ... cause to believe that discrimination  had occurred and was able to adjust them satisfactorily."64 These reports can be multiplied many times by the successful enforcement experiences of other states with such antidiscrimination legislation.65
   Of course, each time such a statute is sought to be applied, there must be a demonstration that the discriminatory conduct involved is motivated by racial, religious, or ethnic considerations. But this has been fairly and successfully done under numerous state acts of this kind. In each case it is a question of fact which can be determined by the fact finder on the basis of all the evidence and an adequate opportunity for all parties to be heard. Furthermore, establishing whether an employer refused to hire or promote a person because of the latter's race, religion, or ethnic background, or a landlord refused to rent or sell for that reason, or a businessman denied a customer equal service on that basis, is no more difficult or formidable than the fact to be established under section 8(3) of the National Labor Relations Act. that statute has long prohibited any covered employer from discriminating "in regard to hire or tenure of employment ... to encourage or discourage membership in any labor organization."66 Consistent with
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63 Seventh Annual Report of the Pennsylvania Human Relations Commission 25 (1963).
64 Reprinted from Conn. Comm'n on Civil Rights, Digest of Connecticut Administrative Reports to the Governor (1961-1962).
65 See, e.g., The annual reports of the Mass. Comm'n Against Discrimination; N.Y. State Comm'n  Against Discrimination; Pa. Human Rights Comm'n; Conn. Comm'n on Civil Rights; N.J. Dep't of Educ., Division of Civil Rights; Wash. State Bd. Against Discrimination. see also The Fair Housing Statutes, Complaint Statistics, Trends In Housing, Sept.-Oct. 1963, pp. 4-5.
66 National Labor Relations Act, 49 Stat. 449 (1935), as amended, 29 U.S.C. 151-66 (1958); see FALCONE, LABOR LAW 217-24 (1962).

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1082 IOWA LAW REVIEW [Vol. 49 Legislation proscribing discrimination in housing, employment, and public accommodations on the grounds of race, religion, or ethnic backgrounds exists in numerous states. The experience in these states indicates that such legislation is practical and enforceable; so long, that is, as adequate enforcement machinery and procedures are provided. As an example, consider the record of Pennsylvania. In the nine-month period from March 1 to December 31, 1962, numerous cases were successfully adjudicated under that state's employment, housing, and public accommodations statutes. More specifically, unlawful practices were found and adjusted in 32 of 126 employment cases, 37 of 71 housing cases, and 55 of 74 public accommodations cases.63 The Connecticut Commission on Civil Rights recently reported that "In 1961-62, 294 complaints were received. Over two-thirds were statutory, alleging discrimination in employment, public places, and public or private housing. In more than half of these complaints the Commission found [sufficient] ... cause to believe that discrimination had occurred and was able to adjust them satisfactorily."64 These reports can be multiplied many times by the successful enforcement experiences of other states with such antidiscrimination legislation.65 Of course, each time such a statute is sought to be applied, there must be a demonstration that the discriminatory conduct involved is motivated by racial, religious, or ethnic considerations. But this has been fairly and successfully done under numerous state acts of this kind. In each case it is a question of fact which can be determined by the fact finder on the basis of all the evidence and an adequate opportunity for all parties to be heard. Furthermore, establishing whether an employer refused to hire or promote a person because of the latter's race, religion, or ethnic background, or a landlord refused to rent or sell for that reason, or a businessman denied a customer equal service on that basis, is no more difficult or formidable than the fact to be established under section 8(3) of the National Labor Relations Act. that statute has long prohibited any covered employer from discriminating "in regard to hire or tenure of employment ... to encourage or discourage membership in any labor organization."66 Consistent with _________________________ 63 Seventh Annual Report of the Pennsylvania Human Relations Commission 25 (1963). 64 Reprinted from Conn. Comm'n on Civil Rights, Digest of Connecticut Administrative Reports to the Governor (1961-1962). 65 See, e.g., The annual reports of the Mass. Comm'n Against Discrimination; N.Y. State Comm'n Against Discrimination; Pa. Human Rights Comm'n; Conn. Comm'n on Civil Rights; N.J. Dep't of Educ., Division of Civil Rights; Wash. State Bd. Against Discrimination. see also The Fair Housing Statutes, Complaint Statistics, Trends In Housing, Sept.-Oct. 1963, pp. 4-5. 66 National Labor Relations Act, 49 Stat. 449 (1935), as amended, 29 U.S.C. 151-66 (1958); see FALCONE, LABOR LAW 217-24 (1962).