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Apprenticeship and other craining programs ---Sixteen of the laws directly or indirectly prohibit discrimination in admission to or employment in apprenticeship training programs:
In addition, in 13 of these laws (all but Illinois, Minnesota, and Ohio) the probibition applies to other training or retraining programs.
The Colorado law as well as that of Rhode Island prohibits discrimination by any training school or center.
Other prohibitions.--Discharging or otherwise discriminating against a person because he has opposed discriminatory practices or has made a charge, testified, or assisted in proceedings under the law is prohibited by nearly all of the laws. In addition, they forbid any person to aid, abet, incite, coerce, or compel the doing of unlawful practices, or to attempt to do 80.
When the low does not apply
All of the laws except those of Idaho, Indiana, Iowa, Montana, Puerto Rico, Vermont, and Wiscons in specify that employment practices which are otherwise prohibited are allowed if based on a bona fide occupational qualification, sometimes referred to as the "Chinese restaurant exemption.'
The manner in which an exception is permitted varies from State to State. In some, the employer must ask the Commission to grant the request in advance of ita application, while in others the employer must simply be prepared to justify the preference in the event a complaint is made against him.
In addition to the laws exempting religious organizations, 11 laws specifically allow religious organizations to require enployees to be of the same religion--Arizona, District of Columbia , Hawaii, Iowa, Kentucky, Maryland, Minnesota, Nebraska, Nevada, New York, and Vermont--and Delaware does so by ruling.
Some States specify that inquiries otherwise discriminatory may be made where state or Federal security regulations require the Information.
Six of the laws (those of Arizona, Illinois, Kentucky, Missouri,
The Kansas law may not be invoked by adherents to a religious
The Nevada law exempts Ladian tribes from the definition of employer, while the Arizona, Nebraska, and Utah laws specifically allow preferential treatment of Indians for work on or near a reservation.
Administration and enforcement
Most of the States have placed administration of the laws in
In eight other States (California, Delaware, Hawaii, Maine, Oregon, Pennsylvania, Utah, and Wisconsin) and Puerto Rico, administration 18 under the department of labor, generally by a special division. In New Jersey, administration is veste? in the Division on Civil Rights in the Department of Law and Puolic Safety. No administrator is named in the Idaho, Montana, and Veimunt laws.
Enforcement procedures are very similar in 31 jurisdictions
Complaints may be initiated by the administrative agency in 18 jurisdictions 4/ and by the Attorney General of the State in 15 Jurisdictions 5/. In Rhode Island complaints may also be initiated
4/ Alaska, Colorado, Connecticut, Iowa, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New York, Ohio, Pennsylvania, Puerto Rico, Rhode Island, Washington, and Wyoming. (Ia New Jersey the Attorney General heads the administrative agency.)
5) California, Colorado, Hawaii, Iowa, Kansas, Kentucky, Maine, Massachusetts, Missouri, New Hampshire, New Jersey, New Mexico, New York, Oregon, and Pennsylvania,
by civil rights organizations; in New Jersey by the Commissioners of Labor and of Education; and in New Mexico and New York by the Industrial Commissioner.
Upon receipt of a complaint the administrator 18 required to make a preliminary investigation to determine whether evidence of discrimination exists. If so, he must attempt to eliminate the unlawful practice by conference, conciliation, and persuasion. Commission members and staff are generally forbidden to disclose what has occurred during conciliation conferences.
If conciliation attempts fail, the administrator may hold a hearing. If he finds that the person charged has engaged in any unlawful practice, he may issue an order requiring that person to cease and desist from the practice, and to take affirmative action, such as hiring, reinstatement with or without back pay, or restoration to union membership. A person aggrieved by the administrator's action may obtain judicial review, and the administrator may seek court enforcement of his order. Many of the laws specify a penalty for violation of commission orders, or for other offenses, which is generally a fine or imprisonment, or both.
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The District of Columbia ordinance provides that after hearing the administrator may issue "recomiendations for correction." If violation is not corrected in 15 days the case shall be referred to the Corporation Counsel for civil or criminal action.
The laws of Delaware, Idaho, Maine, Montana, and Vermont do not specify administrative procedures and are er.corceable only by penalties. However, a ruling in Delaware requires the administrator to endeavor to eliminate the unlawful practics hy conciliation prior to the application of penalties, although further administrative procedures are not provided.
The Puerto Rico law provides for civil suits for damages and also makes violation a wisdemeanor, punishable ty fine and/or imprisonment. The Secretary of Labor may bring such civil or criminal suits against violators in behalf of the employee or applicant. The administrator may issue affirmative orders, and in civil suits the court may issue cease-and-desist and affirmative orders.
Most of the laws (all but those of Delaware, Hawaii, Idaho, Maine, Montana, Nebraska, Puerto Rico, Vermont, and Wyoming) require the administrator to study the problems of prejudice and discrimination and to prepare an educational program designed to eliminate
discrimination in employment. A separate Civil Rights Commission has
The first of the 37 current laws was passed in New York in 1945, following 8 years of study and wartime regulation of discriminatory practices within the State, The New Jersey act was also passed in 1945. Massachusetts followed in 1946; Connecticut in 1947; New Mexico, Oregon, Rhode Island, and Washington in 1949; Alaska, in 1953; Michigan, Minnesota , and Pennsylvania in 1955; and Colorado and Wisconsin in 1957. Colorado and Wisconsin had each previously had the voluntary type of law, California, Ohio, and Puerto Rico passed laws in 1959; and Delaware followed in 1960. In 1961 the Idaho, Illinois, and Missouri laws were enacted and the Kansas law was changed from voluntary to mandatory. In 1963 the Indiana law was changed from voluntary to mandatory, and laws were enacted in Hawaii, Iowa, and Vermont. Following the enactment of the Federal Civil Rights Act of 1964, laws were enacted in Arizona, Maine, Maryland, Montana, Nebraska, New Hampshire, Utah, and Wynining in 1965. In addition, the Nevada law was made mandatory and an ordinance was issued in the District of Columbia, The Kentucky law was made mandatory in 1966, effective July 1, 1966.
LAWS PROVIDING FOR VOLUNTARY COMPLIANCE
Antidiscrimination laws relying on educational measures to promote fair employment were passed by Indiana and Wisconsin in !945, by Colorado in 1951, by Kansas in 1953, by Kentucky in 1960, hy Nevaia and West Virginia in 1961, and by Oklahoma in 1963, Six of these bave $17?e been made mandatory, as shown above. Thus there are now two States. Oklahoma and West Virginia--that have "voluntary" laws, depending prigarily on conciliation and educational measures for enforcement. The ax?cies administering these laws may investigate complaints and make recomendations to the parties, and are directed to make studies and plan educational programs.
FAIR EMPLOYMENT ORDINANCES
More than 200 cities have adopted ordinances which prohibit discrimination in employment or set up local bodies to encourage nondiscrimination in employment in the community. Many of these ordinances preceded the enactment of a State antidiscrimination law.
In enacting the State laws, or after enactment, some States such as California, Michigan, and New Jersey, held that the State had preempted the field, and local ordinances were no longer valid. In others, such as Minnesota, the prevailing interpretation is that ordinances are not invalidated by the passage of the State law. The Arizona, Iowa, Kentucky, and Pennsylvania laws specify that local ordinances are not repealed by the law, but that the remedy under either the law or an ordinance is exclusive, In some cases the ordinance may set a higher standard. For example, the Philadelphia ordinance applies to employers of more than one employee, while the Pennsylvania law applies only to employers of 12 or more persons.
FEDERAL CIVIL RIGHTS ACT
Title VII of the Civil Rights Act of 1964, effective July 2, 1965, prohibits specified discriminatory employment practices based on race, color, religion, sex, or national origin by employers, labor organizations, and employment agencies whose activities affect interstate commerce. The law exempts employers and labor organizations with fewer employees or members than: 100 the first year; 75 the second year; 50 the third year; and 25 thereafter, There are a number of other situations where the law does not apply.
The act specifies that in States or localities with fair employment practice laws, complaints must initially be referred to the State agency. If adjustment fails, a charge may then be filed with the Equal Employment Opportunity Commission, which must attempt to obtain voluntary settlement, as it is directed to do in States not having nondiscrimination laws. If the Commission fails to obtain settlement, civil suit may be brought in a Federal court by the person making the complaint. The act also authorizes the Commission to cooperate with State and local agencies charged with the administration of such laws and under certain conditions to utilize the services of these agencies. In furtherance of such cooperative efforts, the Commission may enter into written agreements with the State or local agencies and such agreements may include provisions authorizing the Commission to transfer its authority under certain cases to the State or local agencies.