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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1083

1964] State Civil Rights Statues 1083

this provision, an employer is free to discriminate on any basis in the hiring firing, or promoting of his employees, except pro-or anti-union considerations. 
   For over twenty-five years the National Labor Relations Act has been fairly and effectively enforced, with a consequent gross reduction in employer discrimination against workers because of their union activities. No reason of logic or experience militates against the ability of legislation to similar ameliorate discrimination against Negroes and other minority groups by employers, landlords and certain other kinds of businessmen. In addition, neither logic nor experience suggests that a statue prohibiting discrimination on the basis of race, religion, or ethnic background in certain kinds of business transactions prohibiting employers from discriminating on the basis of anti- or pro-union proclivities. 
   Of course, this does not suggest that statues of the kind contemplated here do not present difficult enforcement problems. But they are no greater than the difficulties encountered in the application of numerous other kinds of laws. In addition, these difficulties can be satisfactorily dealt with by adequate enforcement provisions. The experience of numerous states proves this and indicates that, in fact, anti-discrimination legislation of the kind under discussion here can be fairly and practically enforced. 
   One last point should be made in regard to the law's capacity. While the law can usually make men act in certain ways, it cannot assure that they will do so from stipulated motives. Employers, landlords, and other kinds of businessmen may be barred from discriminating against Negroes in their business activities; but they may continue to be prejudiced against nonwhites. Even so, laws regulating conduct can  have an indirect and salutory effect on prejudice- the blind prejudgments responsible for the actions we seek to eliminate. This is because the law educates people in a variety of ways. 
   First, the law tends to dissipate prejudice by inducing certain habits of conduct which themselves become educational experiences. Employers barred from discriminating against Negroes learn for themselves, at first hand, that the color of a man's skin does not ipso facto dictate his capacity, reliability, or integrity. Studies of desegregated situations, including housing and employment, indicate that changes in conduct required by law have in fact lessened prejudice.68 The
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67 See sources cited note 65 supra.
68 See studies cited in GREENBERG, RACE RELATIONS AND AMERICAN LAW 26 n.13 (1959).

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1964] State Civil Rights Statues 1083 this provision, an employer is free to discriminate on any basis in the hiring firing, or promoting of his employees, except pro-or anti-union considerations. For over twenty-five years the National Labor Relations Act has been fairly and effectively enforced, with a consequent gross reduction in employer discrimination against workers because of their union activities. No reason of logic or experience militates against the ability of legislation to similar ameliorate discrimination against Negroes and other minority groups by employers, landlords and certain other kinds of businessmen. In addition, neither logic nor experience suggests that a statue prohibiting discrimination on the basis of race, religion, or ethnic background in certain kinds of business transactions prohibiting employers from discriminating on the basis of anti- or pro-union proclivities. Of course, this does not suggest that statues of the kind contemplated here do not present difficult enforcement problems. But they are no greater than the difficulties encountered in the application of numerous other kinds of laws. In addition, these difficulties can be satisfactorily dealt with by adequate enforcement provisions. The experience of numerous states proves this and indicates that, in fact, anti-discrimination legislation of the kind under discussion here can be fairly and practically enforced. One last point should be made in regard to the law's capacity. While the law can usually make men act in certain ways, it cannot assure that they will do so from stipulated motives. Employers, landlords, and other kinds of businessmen may be barred from discriminating against Negroes in their business activities; but they may continue to be prejudiced against nonwhites. Even so, laws regulating conduct can have an indirect and salutory effect on prejudice- the blind prejudgments responsible for the actions we seek to eliminate. This is because the law educates people in a variety of ways. First, the law tends to dissipate prejudice by inducing certain habits of conduct which themselves become educational experiences. Employers barred from discriminating against Negroes learn for themselves, at first hand, that the color of a man's skin does not ipso facto dictate his capacity, reliability, or integrity. Studies of desegregated situations, including housing and employment, indicate that changes in conduct required by law have in fact lessened prejudice.68 The _________________________ 67 See sources cited note 65 supra. 68 See studies cited in GREENBERG, RACE RELATIONS AND AMERICAN LAW 26 n.13 (1959).