REPORT OF PROGRESS ON THE SOCIAL SCENE
Goffen, William
Report of Progress on the Social Scene New York s Law Aaainst Discrimination By William Gotten THE Tights of life and personal liberty are civil rights, natural righs of the individual as a...
...Prevalent in most if the Northern states are equal accommodation statutes, also known as civil rights laws, whose purpose is to eliminate discrimination from places of public accommodation, resort, or amusement Not to be confused with the equal accommodation statutes in the North are the laws in the South'requiring equal, but separate, accommodations in places such as schools and street cars...
...September, 17, 1045...
...An upstate manufacturer, in effectuating a general layoff, was charged with laying off twenty Italian workers because of their national origin...
...December 12, 1945, and August 22, 1!U0...
...To what church, clubs on organizations do you belong...
...It is the prototype for the fair employment laws of Wisconsin, New Jersey, Indiana, and Ma«*a...
...In this article, William Gotten, well-known attorney, describes a notable experiment and legislative precedent that has been operative in New York State since July 1, 1945.' This Is ths "Law Against Discrimination," or the Ivts-Quinn law...
...The Commission or its advisory agency through the process of conciliation may endeavor to eliminate the discriminatory practices uncovered...
...Report of Progress on the Social Scene New York s Law Aaainst Discrimination By William Gotten THE Tights of life and personal liberty are civil rights, natural righs of the individual as a member of a civilized community...
...The complaint was dismissed for wsnt of probable cause...
...If the respondent, is found guilty, the Commission issues an order requiring the respondent to cease and desist from the unlawful employment practice and to take affirmative action such as hiring, reinstatement, or op-' grading of the complainant with or without back pay, restoration to membership in a respondent labor organization, etc...
...The most significant use of the Commission's rtile-msking power has been the specification of certain inquiries, requirements, and statements, by employers and employment agencies as unlawful In connection with prospective employment, The Law Against Discrimination and the Commission's rulings make unlawful such items in employment application forms as "What type of religious and moral education did you have while you were growing up...
...The Law in Action A N example of the Commission's splendid achievements through-exercise of its pover to study problems of discrimination is its success in eliminating from help and positions wanted advertisements in newspapers and magazines all specifications of race, creed, and national origin unless based upon bona fide occupational qualifications...
...A Jewish girl complained that the receptionist of a dry-cleaning corporation refused to refer her for an employment interview, while referring another applicant who wore a cross...
...The New York Law Against Discrimination Is a milestone In social legislation...
...LAW AGAINST DISCRIMINATION The problem of preventive and punitive legislation In regard to race and religious discrimination has long been a focal point for the future discussion of race relations and existence in a free society...
...Low Against Discrimination" StILL, a significant forward step has been taken by New York, whose Law Against Discrimination, also known as the Ivcs-Quinn Law, has been operative since July 1, 1945...
...The Commission has ruled that after hiring a person, an employer may inquire into his race, creed, or national origin, if the information is not used as a basis for discrimination...
...The respondent asserted that the complainant acted like a prima donna, though her record reported satisfactory qualifications, performance, and attendance...
...One of the Commission's field representatives ascertained that a Jewish girl had been hired...
...As required by this law, there has been ereated a five-member State Commission Against Discrimination...
...The Commission granted the application and the New York newspapers may lawfully accept the school's help wanted advertslements for language teachers of specified national origin...
...As the liberty and welfare of every individual is adversely affected, at least indirectly, by such discrimination, the magnitude of the problem is evident...
...Such inquiries express discrimination as to race, creed, or national origin...
...Intelligently administered and liberally construed to effectuate Its purposes, It will contribute"much to the bringing of a better world...
...The only statutory exception is where the inquiries are based upon bona fide occupational qualifications...
...The Law Against Discrimination permits a commissioner at any time to notice a complaint charging any unlawful employment practice for formal hearing before three other commissioners...
...It is submitted that this ruling is erroneous, and that the statute makes such inquiries unlawful at any time...
...1 n the representative's presence, the corporation agreed to delete from its employment forms questions pertaining to the applicant's religion...
...If you have a recent snapshot or small photograph of yourself, attach it to this application," and "Parents' birthplace, Father, Mother...
...It is a truism that even in the more enlightened states civil rights are inadequately protected from invasion because of race, creed, or national origin...
...A Negro job applicant was informed by a clothing manufacturer's office manager: "W,e do not hire colored in the office...
...The entire nation Is observing its operation with Interest...
...Gotfen was senior attorney -of tha New York State Commission Against Discrimination until recently...
...The school's employment pattern revealed that teachers of every race, creed, and national origin are employed and that discrimination is non-existent...
...New York Criminal Law," and other works...
...If a medical school is adamant in its refusal to abandon its quota system, contending that it does not really practice discrimination but strives for a balanced geographical representation in its classes, the Commission may submit the facts to the attsrney-general, who may attempt the revocation of the school's tax exemption in...
...The commissioner found probable cause and persuaded the respondent to pay the complainant $51 as reimbursement for time lost in seeking another job...
...tionally known school of languages ia that its teachers were born in and are college graduates of the countries «boss languages they teach...
...A Negro girl complained that she had been kept in the same grade for a year and a half, while no better qualified white people who were hired after her were upgraded and better paid...
...These rights are independent of and antedate legislation...
...other, racial segregation laws are humiliating to members of the minority group and are laws requiring discrimination...
...The writer applied to the Commission for an exemption on behalf of the school based upon a bona fide occupational qualification in that only such teachers have the purity of accent and familiarity with idiomatic expressions essential to the maintenance of the school's admittedly high standards...
...Srppose that the Commission or one of its advisoxy agencies or conciliation councils inquires into whether the admissions practices of the institutions of learning in the state are discriminatory...
...Though the accommodations msy be Identical and though either race is excluded from the facilities reserved to the...
...Assume that the inquiry, implemented by the Commission's' ample subpoena powers, revealed that certain medical schools denied admission to qualified Negro, Jewish, and Italian students because of their race, creed, or national origin...
...chutetts, respectively effective July 20, ¦ 1045...
...the performance of the duty imposed upon him to prosecute, upon request of the' Commission, any civil proceeding necessary for effective enforcement of the laws' against discrimination...
...In so far as discrimination in the employment Held is concerned,' the Commission Is not solely dependent upon self-initiated investigations, conciliation, and publication of the results...
...If the- Commission finds that a respondent has not committed an unlawful employment practice, it renders an order, dismissing the complaint The wilful violation of the Commission's orders is a misdemeanor punishable by a fine of not more than |.r>00, by Imprisonment lor not longer than one year, or both...
...The commonest unlawful employment proctiee charged it discriminatory refusal to hire...
...Stabilisation of Wages' and Salaries In War-Tlme...
...Besides, prominent newspapers refuse to accept discriminatory advertisements concerning domestic help, although such help is ex. pressly excluded from the coverage of the law...
...The complaint was dismissed for lack of probable cause for crediting the allegations made...
...A reason is that until recently not one of the states has had a commissioner vested with the power and duty of protecting society from the evils of discrimination because of race, creed, or national origin as health commissioners safeguard "the health of the community...
...On the other hand, though Sometimes accompanying discriminatory legislation, constitutional and statutory provisions of varying scope against discrimination exist in all states...
...The respondent submitted statistics demonstrating that the proportion of Italians employed before and after layoff was 24 percent...
...Authority of the Commission The Law Against Discrimination grants broad rule-making authority to the Commission...
...Many other states will pattern legislation after It...
...Despite their fundamental nature, individuals, because of race, creed, or national origin, are subjected to discrimination in their civil rights...
...The Georgia coda Spplies the equal, but separate, accommodations concept to chain gangs by declaring it a misdemeanor to chain white and Negro convicts in the same gang, and an Atlanta (Georgia) ordinance prohibits taxicab owners from transporting white and Negro passengers, even at different times...
...This Commission, sometimes referred to as SCAD, NYSGAD, or as the State FEPC, has been, given . tremendous power to eliminate discrimination by reason of race, creed, or national origin (including ancestry), from all fields of human relationship, whether such discrimination be by places of public accommodation, common carriers, schools, government agencies, labor unions, employers, etc...
...Finally, the Commission may release to the public press the facts uncovered by its investigation...
...He Is ths author of "Law of Trusts...
...Reminiscent of the Nazi "master race" theory are the miscegenation laws of the South, an extreme example of which is the Tennessee enactment making it a felony for white persons to marry "Negroes, Mulattoes, or persons of mixed blood descended from a Negro, to the third generation inclusive...
...The Law" Against Discrimination enables "persons," broadly defined to include civic • organizations created to combat discrimination, aggrieved by specified unlawful employment practices, to set in motion a process designed to eliminate, them...
...Discrimination is hctually rendered compulsory by statute in certain states...
...A distinctive characteristic ot a na...
...The complaint was dismissed for want of probable cause...
Vol. 30 • February 1947 • No. 7
