331 88 C762f> WHAT is THE WHAT IS THE LAW Published by CIO Department of Research and Education Material prepared by CIO Legal Department A Legal Informational Guide to State Civil Rights Statutes and FEPC Legislation, and Procedures for Processing Court Cases. National CIO Committee to Abolish Discrimination James B. Carey, Chairman W illard S. Townsend, Secretary George L-P Weaver, Director W. Richard Carter James J. Leary William H.Oliver Morris Pizer Lee Pressman Harry Read M. Hedley Stone Philip Weightman Boyd L. Wilson 718 Jackson Place, N. W. . Washington 6, D. C. THE LIBRARY OF THE JAN 3 I9GC UNIVERSITY OF ILLINOIS Introduction There has been a great need and demand for a hand- book of this kind. Specifically, because of the difficulty involved in finding accommodations for interracial per- sonnel at conventions, conferences, luncheons, etc., and, in general, because CIO unions and members want to be familiar with their civil rights as they apply to anti- discrimination statutes, we have gathered together the par- ticular information contained herein. Much discrimination and segregation is successfully practiced due to lack of knowledge on the part of Amer- ican citizens, and to their negligence about taking advan- tage of existing laws. We must learn not only to fully use the perfectly good state civil rights statutes and fair employment practice legislation, but to exert our full strength in getting similar laws passed in the remain- ing states. The facilities of functioning anti-discrimination com- mittees throughout the United States are available to aid in the enforcement of existing laws. Besides the Na- tional CIO Committee to Abolish Discrimination, assist- ance can be sought through local committees of most CIO industrial union councils, or through committees to abolish discrimination in the following CIO unions: American Newspaper Guild International Union of Mine, Mill & Smelter Workers National Maritime Union of America Retail, Wholesale & Department Store Union United Automobile, Aircraft, and Agricultural Implement Workers of America United Farm Equipment & Metal Workers of America United Gas, Coke & Chemical Workers of America United Packinghouse Workers of America United Public Workers of America United Office and Professional Workers of America Civic groups, such as the National Association for the Advancement of Colored People, which has local branches throughout the states, and the Civil Liberties Union, have been very active in this field and may also be consulted. s- 4L*S)nJLAJ 13. Jfa OuAJi^L Secretary-Treasurer, CIO Chairman, Committee to Abolish Discrimination STATE CIVIL RIGHTS STATUTES In this section are found, briefly, the anti-discrimina- tory statutes as they exist in the twenty states which have them. For practical purposes, there are also listed the penalties involved in flaunting these statutes, as well as the procedure for their enforcement. Eighteen of the states prohibit discrimination in restau- rants and, usually, other eating places; most of them prohibit it in public conveyances of all types; over half of them include theaters and barber shops; while here and there the list includes hotels, hospitals and rest rooms; stores, elevators and garages; poolrooms, skating and bicycle rinks, shooting galleries and poolrooms, race courses and gymnasiums; down to saloons, hearses and cemeteries. All of the eighteen statutes include at the end of their specific lists a general phrase, such as, "and all other places of public accommodation or amuse- ment." Seven of these eighteen states plus two addi- tional states prohibit discriminatory advertising. The penalties range from those for criminal action, through fines of from $10 to $1000 and/or jail sentences of from 30 days to 1 year, to civil suits for damages. In most cases, enforcement can be secured by one or both of two methods: police arrest or criminal action through the prosecuting attorney; a civil law suit for H^ damages. An additional enforcement possibility not discussed below involves the technicality of whether the establish- ment practicing discrimination operates under license from a municipal or state agency (such as liquor con- trol), in which case the agency might be called upon to revoke the license. The following steps are applicable to enforcement procedure in all twenty states, and should be followed as closely as possible: 1» Since the police are servants of the people and law enforcement officers, persons opposing discrimination should be the first to call upon the police whenever a civil rights statute is being violated. 2. Get correct name and address of individual or firm en- gaged in the discrimination. 3» Get names and addresses of witnesses. 4. Put in writing all facts and details of the discrimination as soon as possible, not trusting them to memory. 5. In those states where discrimination is criminal, prepare detailed statement in writing for submission to the D.A. or other prosecuting officer. 6. Check on whether establishment is licensed and if so by what agency. 7. Where a civil action for damages can be brought, ar- range for action by a private attorney. (In some states, where the statute provides only for criminal penalties and makes no mention of the right to damages, courts have nevertheless held that the victim may sue to collect damages). 8# Consult the National CIO Committee to Abolish Discrim- ination, or a union anti-discrimination committee, or Bar Association civil rights committee, or Lawyers' Guild, etc., when legal help is needed or desired. California statute provisions: Protects right to equal facilities of "inns, restaurants, hotels, eating-houses, places where ice cream or soft drinks of any kind are sold for consumption on the premises, barber shops, bath houses, theaters, skating rinks, public conveyances and all other places of public accommodation or amusement." penalty: Victim may sue for damages of at least $100. enforcement procedure: Civil law suit brought through private attorney. statute provisions: Protects right to equal facilities of "inns, restaurants, eat- ing houses, barber shops, public conveyances on land or water, theaters, and all other places of public accommoda- tion and amusement". Also prohibits advertising which implies discrimination. penalty: Victim may sue for damages. Also criminal penalty which may include certain payments to victim, and up to one year's imprisonment. enforcement procedure: Call on police to make arrest or on prosecuting attorney to institute criminal action. Consult private attorney for civil suit for damages. Connecticut statute provisions: Protects right to equal accommodations in places of public accommodation, resort or amusement, such as hotels, restau- rants, public conveyances and stations, theaters, parks. penalty: Fine of $25 to $100 or up to 30 days in prison, or both. enforcement procedure, Call on police to make arrest or on prosecuting attorney to institute criminal action. Illinois statute provisions: Protects right to equal facilities of "inns, restaurants, eat- ing houses, hotels, soda fountains, soft drink parlors, tav- erns, roadhouses, barber shops, department stores, clothing stores, hat stores, shoe stores, bathrooms, restrooms, theaters, skating rinks, concerts, cafes, bicycle rinks, elevators, ice cream parlors or rooms, railroads, omnibuses, busses, stages, airplanes, street cars, boats, funeral hearses and public conveyances." Prohibits advertising by place of public ac- commodation, resort or amusement which implies dis- crimination. penalty: Establishment which discriminates is guilty of maintaining public nuisance and may be stopped. enforcement procedure: Special statute makes it duty of sheriff, deputy sheriff or police authorities to investigate, secure evidence and sign complaint. Also duty of State's Attorney in every county to prosecute violators, and duty of Attorney General to obtain evidence of violations and see to it that complaints are made against violators. If State's Attorney or Attorney General does not act in reasonable time after affidavit of violation is filed, County Circuit Court may appoint Spe- cial Assistant Attorney General or State's Attorney to prosecute. Indiana statute provisions Protects right to equal facilities of "inns, restaurants, eat- ing houses, barber shops, public accommodations and amusement." penalty: Up to $100 payment to victim and fine of $100, or up to 30 days in prison, or both. enforcement procedure: Call on police to make arrest or on State's attorney to prosecute. Also can bring civil action for damages through private attorney. lowo statute provisions: Protects right to equal facilities of inns, restaurants, pub- lic conveyances, barber shops, bath houses, theaters and other places of amusement. penalty: Fine of up to $100 and imprisonment up to 30 days. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. Kansas statute provisions: Protects right to equal accommodations in any "inn, hotel or boarding house, or any place of entertainment or amuse- ment, for which a license is required by any of the municipal authorities of this state . . . any steamboat, rail- road, stage coach, omnibus, streetcar, or any other means of public carriage for persons or freight within the state." penalty: Fine of $10 to $1,000 and also civil damages to victim. enforcement procedure, Call on police to make arrest or on prosecuting attorney to prosecute. Also can bring civil action for damages through private attorney. 10 Maine statute provisions: Does not prohibit discrimination. Prohibits only advertis- ing by places of public accommodation which implies dis- crimination on basis of religion, creed, class, denomination, or nationality. Massachusetts statute provisions: Protects right to equal accommodations in any "place of public accommodation, resort or amusement . . . including any inn, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest; any restaurant, eating house, public conveyance on land or water or in the air, bath house, barber shop, theater and music hall." Also prohibits advertising which implies dis- crimination on the basis of religion, creed, race or color, in places of public accommodation, resort or amusement. penalty : Fine of up to $300 or imprisonment of up to one year, or both; and, in addition, payment of $100 to $500 to victim. Fine of up to $100 or imprisonment of up to 30 days, or both, for advertising. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. Consult privats attorney for civil suit for damages. 11 Michigan statute provisions: Protects right to equal accommodations in "inns, hotels, restaurants, eating houses, barber shops, billiard parlors, stores, public conveyances on land and water, theaters, motion picture houses, public educational institutions . . . elevators . . . escalators ... air transportation and all other places of public accommodation, amusement, and recreation, where refreshments are or may hereafter be served." Also prohibits advertising which implies any such discrimination. penalty: Fine of $15 to $100 or imprisonment for 10 to 90 days, or both. Although not provided for in statute, court has held that victim may also sue for damages. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. Consult private attorney for civil suit for damages. Minnesota statute provisions: Protects right to equal accommodations in "public con- veyances, theaters, or other public places of amusement, or in hotels, barber shops, saloons, restaurants, or other places of refreshment, entertainment, or accommodation." penalty: Violater is guilty of gross misdemeanor and, in addition, victim can bring civil action for damages up to $500. 12 enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. Also can bring civil action for damages through private attorney. Nebraska statute provisions: Protects right to equal facilities of "inns, restaurants, public conveyances, barber shops, theaters and other places of amusement." penalty : Violation is a crime. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. New Hampshire statute provisions: Does not prohibit discrimination. Prohibits only advertis- ing by places of public accommodation which implies dis- crimination on basis of religion, class, or nationality. 13 New Jersey statute provisions: Protects right to equal facilities of public conveyances and stations or terminals, garages, hospitals, cemeteries, theaters, boardwalks, circuses and other places of entertainment, hotels, restaurants. Also prohibits advertising which implies discrimination. penalty: Civil action suit, with damages going to the state. enforcement procedure: By special statute, Attorney General has duty to enforce civil rights laws by suing for damages to be collected by the state. New York statute provisions : Prohibits discrimination in hotels, restaurants, eating houses or rifV any place where food is sold for consumption on the premises, buffets, saloons, bar rooms, ice cream parlors soda fountains, theaters, motion picture houses, roof gar dens, music halls, race courses, gymnasiums, shooting gal leries, pool parlors, public conveyances, stations and ter minals, stores, barber shops, garages, hospitals. Also pro hibits advertising which implies discrimination. 14 penalty: Fine of $100 to $500 or imprisonment of 30 to 90 days, or both. In addition, victim may sue for civil damages of $100 to $500. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. State Attorney-General has duty to enforce statute. Also can bring civil suit for damages through private attorney. Ohio statute provisions. Prohibits discrimination in "inn, restaurant, eating house, barber shop, public conveyance by air, land or water, theater, store or other place of public accommodation or amusement." penalty: Fine of $50 to $500 or imprisonment of 30 to 90 days, or both. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. 75 Pennsylvania statute provisions: Prohibits discrimination in "any place of public accommoda- tion, resort or amusement." Also prohibits advertising which implies discrimination by such places. Also special prohibition against discrimination by railroads.. penalty: Fine of up to $100 or prison of up to 90 days, or both. For railroad discrimination, fine of up to $500 or prison of up to 90 days, or both. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. Rhode Island statute provisions: Prohibits discrimination in any "licensed inns, restaurants, eating houses, bath houses, music halls, skating-rinks, theaters, public conveyances on land or water, or . . . any licensed places of public accommodation or amusement." penalty: Violation is a crime. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. 16 Washington statute provisions: Prohibits discrimination in "any place of public resort, ac- commodation, assemblage or amusement." penalty: Violation is a crime. Although not provided for in statute, court has held that victim may also sue for damages. enforcement procedure: Call on police to make arrest or on prosecuting attorney to prosecute. Consult private attorney for civil suit for damages. Wisconsin statute provisions: Prohibits discrimination in "inns, restaurants, saloons, barber shops, eating houses, public conveyances on land or water, or any other place of public accommodation or amusement." penalty: Fine of up to $100 or imprisonment of up to 6 months, or both, or victim can sue for civil damage of at least $25 and costs. enforcement procedure: Either (1) call on police to make arrest or on prosecuting attorney to prosecute; or (2) sue for civil damages through private attorney. 17 £ 1 STATE FAIR EMPLOYMENT PRACTICES LEGISLATION There are five states which have laws against discrimi- nation in private employment. It should be noted that this is separate and different from the type of law found in many states prohibiting discrimination only with respect to public employment, employment by contractors doing work for the state or municipality, work being done on public housing projects, etc. It also does not include the law in Illinois which places a penalty of $25 to $100 on any employer who fails to pay women equal wages for equal work as compared to men. The five states may be divided into two groups: 1 . Indiana and Wisconsin — which have laws con- taining no penalties and providing only for in- vestigation, study, reports, etc. 2. Massachusetts, New Jersey and New York — which establish real prohibitions on discrimina- tion with an enforcement procedure. The following describes more fully what the laws in each of these groups do, and what action may be taken. 18 Laws without penalties • Indiana, Wisconsin a. What the laws do: Both laws give an existing agency (Labor Commissioner in Indiana; Industrial Commission in Wisconsin) certain special powers to in- vestigate, study and report on problems of discrimina- tion. In general, these agencies are to investigate dis- crimination; study and formulate ways of eliminating it; publish reports and recommendations; hold conferences with employers, unions and public and private agencies; make recommendations to individual parties and to the legislature. Although both laws reject discrimination, there are no penalties. The agency has no enforce- ment power. Both laws also establish advisory boards — in Indiana, composed of members of the State Legislature; in Wis- consin, composed of representatives of labor, manage- ment and the public. b. What action can be taken: Even though these laws are almost meaningless as protection against discrimina- tion, victims of discrimination and organizations fight- ing discrimination should make whatever use they can of the legal machinery set up. Complaints of discrimina- tion should be made to the appropriate state agency, a hearing demanded, and the best use made of the public exposure which the machinery of the law makes possible. The law can be used to some extent as a means of pointing public attention to instances of discrimination in employment. 19 Laws with enforcement procedure • Massachusetts, New Jersey, New York a. What the laws do: It is made unlawful practice — • for an employer to discriminate as to hiring, dis- charge or conditions of employment, because of race, color, creed, national origin or ancestry; • for a labor organization to exclude, expel or dis- criminate in any way, because of race, color, creed, national origin or ancestry; • for an employer or an employment agency to print, circulate any advertisement, or to use any form of application for employment which im- plies any such discrimination. When complaint is made that anyone is engaging in un- lawful discrimination, a special agency of the state, established in these laws, has power to enforce the laws. In Massachusetts, it is the Fair Employment Practices Commission; in New Jersey, it is the Department of Edu- cation, Division against Discrimination; in New York, it is the State Commission against Discrimination. The enforcement agency investigates the complaint, tries to eliminate the discrimination by conciliation and persuasion. If that fails, the agency may issue a notice of hearing, hold a hearing on the complaint, make its deci- sion. If the decision finds that there has been unlawful discrimination, the Commission may issue an order re- quiring that the discrimination cease, and that the viola- tor remedy the discrimination by such means as hiring, 20 reinstating or upgrading the employee, with back pay; or, if a labor organization is involved, by restoring the victim to membership. The Commission may then apply for a court order enforcing the Commission's order. b. What action can be taken: Any individual who is the victim of discrimination can file a complaint with the state agency, filling in the standard form which gives the name and address of the violator, the nature of the violation, etc. The complaining individual has no fur- ther responsibility except to be available to testify at the hearing. The Commission will investigate the complaint and, if a hearing is ordered, have its attorney present the case. The person who filed the complaint may, if he wishes, have his own lawyer at the hearing. There is no provision allowing an organization or any- one other than the actual victim of the discrimination to file a complaint, except that certain public officials are authorized to do so (in New Jersey, the Commissioner of Labor or the Attorney General; in Massachusetts, the Attorney General or the Commission itself; in New York, the Industrial Commissioner or Attorney-General). There are, however, special instances in which certain organiza- tions may file a complaint. If an organization interested in guaranteeing protection against discrimination finds it cannot file a complaint itself, it certainly can advise and assist an individual victim in submitting his complaint: and, if necessary — where no indivdual has filed a com- plaint — make demands on appropriate public officials for the filing of a complaint. 21 SPECIAL ANTI-DISCRIMINATION PROTECTION IN LABOR RELATIONS In addition to the states' fair employment practices laws, various courts and agencies have made decisions bearing on discrimination in working conditions. These fall into three main categories: 22 Court Protection for Union Members: Both the U. S. Supreme Court and some state courts have held, even where there is no special statute on the subject, that a labor union must represent all its mem- bers, without discrimination, both as to their membership rights and to the terms of the contract with the employer. The U. S. Supreme Court has declared that a railway labor organization, when given exclusive bargaining rights under the Railway Labor Act, has the duty to rep- resent all employees without racial discrimination. The California Supreme Court has declared that a labor union which refuses to admit Negroes to full and equal membership cannot enforce a closed-shop agree- ment against a Negro who refuses to accept membership under discriminatory conditions. No Discrimination in NLRB Bargaining Units: The National Labor Relations Board has repeatedly declared that in deciding on an appropriate unit it will not draw any lines based on race, creed, or color. NWLB Rule Against Discriminatory Wage Rates: The National War Labor Board consistently refused to sanction any discrimination in wage rates on the basis of race, creed, or color. Although this Board no longer exists, its rulings are part of many contracts made dur- ing the war, and may serve as a precedent for continuing non-discrimination in these and other contracts. 23 For Further Study — An American Dilemma. By Gunnar Myrdal. Harper & Brothers, New York. 2 volumes. $7.50. 1944. This is the most penetrating and important book yet written on the Negro problem and modern democracy, with international implications. It has been briefed in "THE NEGRO IN AMERICA," Pamphlet No. 95, pub- lished by the Public Affairs Committee, 30 Rockefeller Plaza, New York 20. 32 pages. 10^. 1944. The Constitution and Civil Rights. By Milton R. Konvitz. Columbia University Press, New York. 254 pages. $3. 1947. This is an excellent reference volume, based on actual court cases. Together these two major works constitute authorita- tive sources which are of value not only to members of all minority groups but to everyone concerned with civil liberties. 24 15c a copy, 100 for $13, 500 for $60. designed by Ruth Rob bins