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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1107

1964]     STATE CIVIL RIGHTS STATUTES     1107

perience has indicated that they are necessary to fully assure that the activities of these businessmen in now way undermine or circumvent the housing statute's policy.

B. Employment139

   Iowa is one of twenty-six states with a statute proscribing discrimination in employment on account of race, religion, or ethnic background.140 The last session of the legislature enacted the following penal provision:

   1. Every person in this state is entitled to the opportunity for employment on equal terms with every other person. It shall be unlawful for any person or employer to discriminate in the employment of individuals because of race, religion, color, national origin or ancestry. However, as to employment such individual must be qualified to perform the services or work required.
   2. It shall be unlawful for any labor union or organization or an officer thereof to discriminate against any person as to membership therein because of race, religion, color, national origin or ancestry.141

   The present employment statute should be construed to cover any attempts by employers to discourage in advance minority group job applicants. Such efforts by employers are calculated to avoid the need for any actual refusals on their part to hire members of minority groups. Similarly, the words "any person" and "discriminate in the employment of individuals" should be construed to cover the activities of employment agencies that aid or facilitate an employer's discrimination in "employment." However, efforts to construe the present statute to cover the prior two situations are not without their difficulties, especially because of the notion that as a penal statute, it should be narrowly construed. Consequently, the act may be deemed deficient in its failure to expressly and clearly cover these circumstances.
   The statute as it stands suffers also because it goes too far. It provides for no exemptions from its all-inclusive mandate. The words "must be qualified to perform the services or work required" may provide some room by construction for desirable exemptions. But there is a danger that if these words are read to permit any kind of
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139 See 3 UNITED STATES COMMISSION ON CIVIL RIGHTS REPORT, EMPLOYMENT (1961); GREENBERG, RACE RELATIONS IN AMERICAN LAW 154-207 (1959); A Selective Bibliography on Discrimination in Housing and Employment, 6 N.Y.L.F. 114, 115-17 (1960); note 95 supra.
140 The states are: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, Washington, West Virginia, and Wisconsin. For a compilation of these citations, see Employment Hearings 500-54.
141 Iowa Acts 1963, ch. 330, at 513.

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1964] STATE CIVIL RIGHTS STATUTES 1107 perience has indicated that they are necessary to fully assure that the activities of these businessmen in now way undermine or circumvent the housing statute's policy. B. Employment139 Iowa is one of twenty-six states with a statute proscribing discrimination in employment on account of race, religion, or ethnic background.140 The last session of the legislature enacted the following penal provision: 1. Every person in this state is entitled to the opportunity for employment on equal terms with every other person. It shall be unlawful for any person or employer to discriminate in the employment of individuals because of race, religion, color, national origin or ancestry. However, as to employment such individual must be qualified to perform the services or work required. 2. It shall be unlawful for any labor union or organization or an officer thereof to discriminate against any person as to membership therein because of race, religion, color, national origin or ancestry.141 The present employment statute should be construed to cover any attempts by employers to discourage in advance minority group job applicants. Such efforts by employers are calculated to avoid the need for any actual refusals on their part to hire members of minority groups. Similarly, the words "any person" and "discriminate in the employment of individuals" should be construed to cover the activities of employment agencies that aid or facilitate an employer's discrimination in "employment." However, efforts to construe the present statute to cover the prior two situations are not without their difficulties, especially because of the notion that as a penal statute, it should be narrowly construed. Consequently, the act may be deemed deficient in its failure to expressly and clearly cover these circumstances. The statute as it stands suffers also because it goes too far. It provides for no exemptions from its all-inclusive mandate. The words "must be qualified to perform the services or work required" may provide some room by construction for desirable exemptions. But there is a danger that if these words are read to permit any kind of _________________________ 139 See 3 UNITED STATES COMMISSION ON CIVIL RIGHTS REPORT, EMPLOYMENT (1961); GREENBERG, RACE RELATIONS IN AMERICAN LAW 154-207 (1959); A Selective Bibliography on Discrimination in Housing and Employment, 6 N.Y.L.F. 114, 115-17 (1960); note 95 supra. 140 The states are: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, Washington, West Virginia, and Wisconsin. For a compilation of these citations, see Employment Hearings 500-54. 141 Iowa Acts 1963, ch. 330, at 513.