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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1115

1964]     STATE CIVIL RIGHTS STATUTES     1115

Originally such commissions enforced only fair employment acts, but they now commonly enforce public accommodations and housing provisions as well. The administrative enforcement of equal rights legislation varies to some extent from state to state. A general picture of the more successful schemes of this kind follows.160
   Action against a discriminating party normally begins by the filing of a formal complaint with the antidiscrimination commission. There is considerable variance among the states as to who, aside from the aggrieved party, may file such a complaint. Among the other individuals who are permitted to do so, and thereby initiate enforcement proceedings against an alleged offender, are the antidiscrimination commission itself, any of its members, the attorney general of the state, civil rights organizations, labor unions, and commissioners of labor.161
   Investigation by field representatives of the commission normally follows the filing of the complaint. This is because a finding of probable cause to believe the truth of the complaint is usually required before the commission can proceed any further. "Probable cause" may mean no more than a finding that "there is evidence from which a reasonable hearing panel could find discrimination."162
   After a finding of probable cause, all statutes require conciliation. This is generally deemed to be the heart of administrative regulation of discrimination and calls for special skills. Conciliation in this context is a mixture of coercion and educational persuasion and is an informed attempt to achieve compliance with the law. Conciliation agreements effectuating this end are often in the form of an official consent agreement drawn up by the commission's staff and submitted to the defendant for his signature. It will usually settle the particular complaint and require a commitment by the defendant to obey the letter and spirit of the antidiscrimination laws in the future. Nearly all commissions have standard procedures for follow-up reviews of cases that have been conciliated.
   Where conciliation has been unsuccessful, the commission will order a public hearing. Once such a hearing is ordered, the procedures followed become more formalized: Parties are formally served, wit-
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Kansas, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Washington, and Wisconsin. See id. at 526 n.7; Employment Hearings 552-53.
160 Comprehensive appraisals of the administrative enforcement of antidiscrimination legislation can be found in Note, 74 HARV. L. REV. 526 (1961); Note, 36 TEMP. L.Q. 515(1963); Anti-Discrimination Commissions, 3 RACE REL. L. REP. 1085 (1956); Employment Hearings 552-53. The following discussion in the text is based principally upon these materials.
161 See statutes cited Note, 74 HARV. L. REV. 526, 528-31 (1961).
162 Id. at 539.

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1964] STATE CIVIL RIGHTS STATUTES 1115 Originally such commissions enforced only fair employment acts, but they now commonly enforce public accommodations and housing provisions as well. The administrative enforcement of equal rights legislation varies to some extent from state to state. A general picture of the more successful schemes of this kind follows.160 Action against a discriminating party normally begins by the filing of a formal complaint with the antidiscrimination commission. There is considerable variance among the states as to who, aside from the aggrieved party, may file such a complaint. Among the other individuals who are permitted to do so, and thereby initiate enforcement proceedings against an alleged offender, are the antidiscrimination commission itself, any of its members, the attorney general of the state, civil rights organizations, labor unions, and commissioners of labor.161 Investigation by field representatives of the commission normally follows the filing of the complaint. This is because a finding of probable cause to believe the truth of the complaint is usually required before the commission can proceed any further. "Probable cause" may mean no more than a finding that "there is evidence from which a reasonable hearing panel could find discrimination."162 After a finding of probable cause, all statutes require conciliation. This is generally deemed to be the heart of administrative regulation of discrimination and calls for special skills. Conciliation in this context is a mixture of coercion and educational persuasion and is an informed attempt to achieve compliance with the law. Conciliation agreements effectuating this end are often in the form of an official consent agreement drawn up by the commission's staff and submitted to the defendant for his signature. It will usually settle the particular complaint and require a commitment by the defendant to obey the letter and spirit of the antidiscrimination laws in the future. Nearly all commissions have standard procedures for follow-up reviews of cases that have been conciliated. Where conciliation has been unsuccessful, the commission will order a public hearing. Once such a hearing is ordered, the procedures followed become more formalized: Parties are formally served, wit- ________________________ Kansas, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Washington, and Wisconsin. See id. at 526 n.7; Employment Hearings 552-53. 160 Comprehensive appraisals of the administrative enforcement of antidiscrimination legislation can be found in Note, 74 HARV. L. REV. 526 (1961); Note, 36 TEMP. L.Q. 515(1963); Anti-Discrimination Commissions, 3 RACE REL. L. REP. 1085 (1956); Employment Hearings 552-53. The following discussion in the text is based principally upon these materials. 161 See statutes cited Note, 74 HARV. L. REV. 526, 528-31 (1961). 162 Id. at 539.