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I would expect the Commission on the Status of Women to come up with a number of recommendations, including legislative proposals, to attack existing job and other discriminations against women and I know that those recommendations will be given prompt and sympathetic attention by this committee and your counterpart in the Senate.

In the meantime, I hope that your subcommittee will want to consider the McNamara-Morse proposal, S. 2494, the so-called Equal Pay Act which prohibits wage rate differentials based on sex in interstate commerce employment, one important facet of the problem. This proposal has the backing of the Labor Department.

In 1949, the House Education and Labor Committee forged new grounds in human rights legislation by recommending passage of the first FEPC bill to win approval of a congressional committee. It can better that record in 1962 by approving a strong bill to promote equal job opportunity for all, based only on individual merit and capacity.

I hope that we in the Senate can match your performance in the Ilouse.

May I express again my gratification and my thanks to you for having been permitted to testify this morning.

Mr. ROOSEVELT. Thank you, Senator Clark, very much.

I might just say that we have had assistance, in the drafting of this bill, including some people from Pennsylvania, the people who have actually had experience in the administration of various State acts.

Our bill was largely brought together with their assistance and with their guidance.

We are hopeful that much of their experience will be translated pretty much into this effort because it shows I think that if


show that you mean business in this field, compliance is going to be relatively easy. While there are always some stubborn pockets of resistance, once people are awakened to the tremendous advantages of complying with this kind of law, almost without regard to the individual's original feelings, he comes to accept the principle and benefits by it beyond any question and, of course, the whole community benefits by it.

Senator CLARK. I agree completely with your statement, Mr. Chairman. I might point out in my own experience when I was mayor of Philadelphia, our Commission on Human Relations, which was created by the new city charter in 1951 and which took over from a Fair Employment Practice Commission which had been relatively inactive, has been able to prove in 11 years of experience the truth of just what you have said.

We have been able to eliminate many substantial problems in discrimination in employment in Philadelphia because that commission, by exercising strong and intelligent leadership, has been able to bring into employment in Philadelphia a great many Negroes and members of other minority groups who were formerly discriminated against. This has met with very wide public acceptance, and it has been a rare thing indeed when the Commission has had to bring into court a recalcitrant employer.

The elimination of discriminating employment practices in Philadelphia, especially in promotion policies and in hiring for executive work, has been speeded enormously in the last year by action of an informal group of colored ministers of various Christian denominations. They have instituted in highly effective selective patronage program against companies <liscriminating against colored employees, and to date they have made extremely satisfactory progress in placing qualified Vegroes in jobs and positions which they had been arbitrarily excluded from in the past.

Once the discriminatory practice has been discussed with the offending company or employer, the latter has usually agreed to take corrective action knowing that there is the legal power to enforce compliance or economic sanctions for failure to cooperate and being unwilling to face hostile public opinion by continuing discriminatory practices.

Mr. ROOSEVELT. Absolutely.

May I ask just one other question, because I think there is a tendency to feel in some quarters that this whole area can be handled on the executive level by Executive order, ils witness the President's Committee on Equal Employment Opportunity. Would you not agree, however, that it goes far deeper as a basic problem and that, even fine as the work is that has been done by the President's committee, they cannot reach, of themselves, without statutory power, certain areas which are vital if we are not only to use our manpower but to give a good image to the rest of the world?

Senator Clark. I agree completely. The executive action can reach a relatively small number of the total labor force. In addition to which I think the views which you have expressed and with which I concur are buttressed by the latest report of the Commission on Civil Rights which I wish had a little better hearing in the Congress than it appears to be getting.

Mr. ROOSEVELT. Thank you very much, Senator.
Mr. O'Hara, do you have a question?

Mr. O'HARA. I do not think I can add anything to what the Senator has said because it is well known to all of us here that the Senator from Pennsylvania has been one of the stanchest and most steadfast supporters of legislation in this Congress to protect and expand the rights of all of our citizens. Mr. Chairman, I thought I might make a comment to the effect that I wish more of us, both in the IIouse and the Senate, had the devotion to this subject that the Senator from Pennsylvania has.

Senator CLARK. Thank you very much, Congressman O'Hara. I very much appreciate those kind words.

Nr. ROOSEVELT. Thank you so much for giving us your time. We are very grateful.

Senator CLARK. Thank you, Mr. Chairman.
Mr. ROOSEVELT. The committee will stand in recess for 5 minutes.
(Short recess.)
Mr. ROOSEVELT. The committee will be in order, please.

The committee now has the very distinguished and great pleasure of welcoming the Honorable John B. Swainson, Governor of the State of Michigan.

Governor, we are particularly happy to have you because we know that you in the State of Michigan have experience under a fair employment practice law.

We are also particularly happy to have you because we know of your very sincere and devoted efforts in this field.

Frankly, we are looking for testimony from people who have had practical experience as well as those who are ideologically inclined to the same view as the proponents of this legislation.

The committee also this morning, Governor, is happy to have sitting with it a member of our full committee, who is not a member of the subcommittee but is a very distinguished and great contributor to the fine work of our committee, Congress O'Hara from your good State.

I thought perhaps first we might ask Congressman O'Hara if he wanted to welcome the Governor, too.

Mr. O'HARA. Thank you, Mr. Chairman. I feel like sort of the party crasher who then takes over as master of ceremonies.

As the chairman has indicated, I am not a member of the subcommittee. lIowever, when I became aware of the fact that the Governor of our State of Michigan was to testify today, I wished to be present at the hearing and I advised the chairman and all those others who were interested that I thought we would receive most valuable testimony from Governor Swainson because Governor Swainson has been intimately connected with the operation of the Michigan Fair Employment Practices Commission practically since its inception both as a member of the State of Michigan Senate, as Lieutenant Governor of Michigan, and now as Governor of Michigan. Throughout that period, he has taken a very personal interest in the effective operation of the Fair Employment Practices Commission in Michigan.

I do not think that anyone could give us more accurate and more knowledgeable testimony with regard to this question than Governor Swainson.

I am very proud of the record that he has established in this field.

Mr. ROOSEVELT. Thank you very much, Congressman O'Hara. I think you have certainly documented the case that we now have an expert.

Governor, I would suggest you proceed in whatever way you wish.



Governor SWAINSON. Thank you very much, Mr. Chairman.

Thank you very much, Congressman O'Hara, for your kind and gracious remarks.

First of all, I apologize to the committee for my lateness in arriving at the hearing this morning, but I would like to express my appreciation for the opportunity to appear personally before the Special Subcommittee on Labor of the House Committee on Education and Labor.

As you know, I submitted a statement for the record to this committee when it held hearings in Chicago last October. As the committee now moves into its final deliberations on the proposed equal employment opportunity legislation, I felt it might be more persuasive if I came before you in person to testify to the need for Federal legislative action aimed at preventing discrimination in employment.

As ones who have long fought against the evils of discrimination, we in Michigan know intimately its nefarious effects. We have seen the tools of discrimination and segregation, wielded by frightened men, maliciously used in an attempt to sap the vitality from our vigorous State.

We have sought in Michigan to eliminate the decadent practices of discrimination and segregation. Our fair employment practices commission, during its more than 6 years of existence, has demonstrated that governmental activity in this area is practicable and that enforcible legislation, carefully drafted and skillfully administered, can bring about and assist desirable changes toward a more democratic society; my Governor's code of fair practices, which is attached to this testimony, issued last spring, has spurred positive State agency action to halt discrimination in State employment; rule 9 of the Michigan Corporations and Security Commission is aimed at elimination of discriminatory practices in the real estate industry; through executive action we have ended segregation in our National Guard units.

(The code referred to follows:)


JOHN B. SWAINSON, Governor of the State of Michigan.

Lansing, May 1961.



In the American beginning, our forebears set forth the principle that all men are created equal, that they are endowed by their Creator with certain unalienable rights. This is the high commitment of our national purpose. No State constitution, no State law can hinder the pursuit of equality, justice, and liberty; neither most common practice.

The State of Michigan has an enviable record for championing the cause of democracy. Through executive leadership, legislative action, and judicial edict we have taken great steps to help guarantee the rights of all citizens.

The existence of a fair employment practices act in our State imposes a special responsibility on all agencies to keep their own houses in order. We must see to it that race, creed, or national origin are never a factor in recruiting, hiring, upgrading, conditions of employment, dismissals, referrals, and training programs. State government, as an employer, has a responsibility to serve as a model for buisness, industry, labor, and private employment agencies.


State employees shall be appointed, assigned, and promoted on the basis of merit alone. Race, color, religion, national origin, or ancestry shall play no part in State personnel policies or practices. No State employment application form shall contain any inquiry regarding these extraneous factors; no State personnel form shall contain such information. Appointing authorities should make a special effort to make certain that their flexibility in making selections is not used to circumvent utilization of minority group persons.

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Equal treatment of all persons without regard to race, color, religion, national origin, or ancestry shall be guaranteed by all State agencies in performing their services to the public. Segregation will not be tolerated in any State facility, nor shall any State facility be used in the furtherance of any discriminatory practices.

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All State agencies shall cooperate fully with the State fair employment practices commission and shall duly comply with their requests and recommendations for effectuating the State's policy against discrimination. Constitutionally created agencies may work out agreements with the fair employment practices commission.


All State agencies engaged in employment referral and placement services for private or public employers shall fill job orders only on a nondiscriminatory basis; they shall refuse any job order specifying any preference or limitation based on race, color, religion, national origin, or ancestry and shall inform the fair employment practices commission of this prohibited request. If a request for exemption based on a bona fide occupational qualification is made by an employer it shall be referred to the fair employment practices commission.



Race, color, religion, national origin, or ancestry shall play no part in a State licensing agency's decision to grant, deny, or revoke a license.

Where a duly constituted governmental authority, in an official proceeding conducted according to law, finds that a licensee has, in his capacity as such, discriminated against anyone because of race, religion, national origin, or ancestry the appropriate licensing authority shall take such disciplinary action against the licensee as may be provided for.



Every State contract and subcontract for public works or for goods or services shall contain the clause prescribed by section 4 of the Fair Employment Practices Act (Act 251–Public Acts of 1955), prohibiting discriminatory practices by contractors and subcontractors. Such contractual provisions shall be fully and effectively enforced ; breach of them shall be regarded as a material breach of the contract. Each State agency shall submit to the Governor as part of its annual report, certification of implementation of the nondiscriminatory contract clause. (See art. X.)



All educational and vocational guidance counseling programs and all apprenticeship programs and on-the-job training programs of the State, or in which the State participates, shall be open to all qualified persons, without regard to race, color, religion, national origin, or ancestry.

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All State agencies engaged in granting financial assistance shall deny it to any applicant and withdraw it from any recipient engaged in discriminatory practices, consistent with the statute under which they operate.



All State agencies shall promulgate a clear, definitive written policy of nondiscrimination in employment; they shall review regularly their personnel practices and procedures and correct any which may contribute to the possibility of discrimination; they shall include in their continuing on-going programs of orientation and training special emphasis on nondiscriminatory employment.

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Each State appointing authority shall report annually to the Governor between December 15 and January 1, all activities undertaken in the past year to effectuate this code of fair practices. The report shall cover both internal personnel practices and external relationships with the public and with other State agencies.

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Copies of this code shall be distributed to all State officials and appointing authorities. Copies shall be posted in prominent locations in all State facilities.

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