SUMMARY OF PREPARED STATEMENT OF ERWIN N. GRISWOLD, COMMISSIONER, U.S. COMMISSION ON CIVIL RIGHTS Mr. Chairman and members of the subcommittee, on behalf of the U.S. Commission on Civil Rights, I am pleased to respond to your invitation to present our views on Federal policies which affect racial discrimination in the field of employment. In connection with its forthcoming statutory report, the Commission has unanimously adopted a recommendation that "Congress enact legislation establishing a right to equal opportunity in employment when that employment is assisted by the Federal Government or affects interstate commerce, with authority to initiate action and to issue appropriate orders vested in a single administrator located in the Department of Labor, and provision for appeal to an independent authority." Senate bill 1937 is consistent with and would effectuate the Commission's recommendation. I therefore urge its enactment. The persistence of economic injustices, the disparity between white and Negro income levels, and the rising unemployment rate among Negroes now urgently demand of Congress speedy corrective action. In addition, the changing patterns of the job market foretell mounting economic deprivation for Negroes rendered jobless by automation and increasing technological change. Faced with these issues, establishment of equal employment opportunities becomes imperative. The question before this committee is not whether Federal action is needed to promote equal employment opportunity but rather whether the particular form that Federal action takes will be equal to the task. This bill appropriately emphasizes the positive concept of equal employment opportunity. The current economic and employment status of Negroes is not simply the result of employers refusing to hire qualified Negro jobseekers. It is more the result of restrictive practices of labor unions and of personnel and manpower systems established by tradition, habit, or convenience which by their operation have the effect of excluding Negroes from employment opportunities. The goal is not merely to insure nondiscriminatory treatment of the Negro applicant when he arrives at the personnel office, but rather to insure that Negroes as well as whites will know of job vacancies, will be referred by placement agencies, and will possess the requisite training to qualify. Nondiscrimination alone will not solve the problem we face if Negroes never learn of jobs, are denied referrals by employment agencies, and are barred from training facilities. Equal employment opportunity is properly defined by the statute in terms of the entire employment process. Since the act broadens the usual concept of nondiscriminatory employment practices and seeks to encourage a review of basic personnel and manpower systems, the Administrator should be authorized to acquaint persons subject to the act with these objectives and with methods by which these objectives may be achieved. The bill does not so provide and might well be amended accordingly. A second significant feature of the bill is the administrative structure proposed. The Commission has recommended, and S. 1937 so provides, that the agency responsible for the administraiton of the statute be located within the Department of Labor so that the many skills and services of the Department may be effectively utilized to achieve equal employment opportunity. Furthermore, vesting administration in a single administrator responsible to the Secretary of Labor is an improvement over the sometimes cumbersome multiheaded policymaking commissions. The Administrator is properly made responsible for planning, developing, initiating, and executing the program necessary to effectuate the purposes of the act, and he is given the discretion and authority to accomplish this objective. This approach is vital to the success of the agency. The provision of this bill granting the Administrator authority to decide whether or not to receive an individual complaint is sound. The Administrator must exercise initiative in directing the resources of the agency to those fields and to those problems which careful study and research have indicated are of prime importance. The program and direction of the agency should not be determined by individual complainants. In addition, persons subject to the act should be protected from the harassment of disgruntled and misguided individuals. At the same time, ample opportunity is afforded for the correction of violations, however uncovered, through persuasion and conciliation, thus preserving a feature of State commission procedures which has proven effective. It is recognized that under the provisions of this bill the Administrator has been granted considerable authority and discretion. This is essential and proper provided adequate review of his actions, orders, and decision is possible. With minor exceptions, the powers of the Administrator are adequately circumscribed by administrative and judicial review procedures. However, there are three areas where appeals to the Equal Employment Opportunity Board might well be enlarged to give further protection to the rights of all parties and these have been listed in the full statement. Two additional suggested changes may be mentioned for consideration by the committee. Section 16c of the act refers to the President's Committee on Equal Employment Opportunity. The Commision on Civil Rights_has recommended the establishment of the President's Committee by statute. However, if this bill were enacted and if the Administrator were authorized to act on behalf of the contracting agencies, there would be no need for the President's Committee and its current activities could then be terminated. The duplication of Federal agencies should not be encouraged. Also the coverage of this bill, while comprehensive, including employment resulting from Federal contracts would not cover employment resulting from Federal grants. The distinctions between contracts and grants do not appear to warrant the differential treatment. In conclusion, the solution of the economic and moral issues we face would be advanced by the enactment of S. 1937. The U.S. Commission on Civil Rights supports and recommends such action. Mr. GRISWOLD. No, Senator; I do not think there is any particular point that I would like to emphasize except that I and the Commission believe that a bill like S. 1937 is not only desirable but is really called for under the present circumstances; that the Federal Government has a responsibility here and has power to carry that responsibility into effect; and that the Commission, after quite extended and careful consideration, has unanimously adopted the resolution which is included in my statement and which was not prepared with specific reference to S. 1937 but is entirely consistent with it. Senator CLARK. Then you have certain suggested amendments to S. 1937 which we will look at very carefully. Mr. GRISWOLD. There are a few detailed suggestions which we put in, in an effort to be helpful. Obviously, any bill like this is capable of further consideration and improvement in detail. None of the suggestions which are made strike me as basically fundamental, none go to the scope of the bill or the power of Congress to enact it. Senator CLARK. Thank you very much, Dean Griswold; we certainly appreciate you coming down here. At the request of the staff we will keep the hearing on FEPC legislation open until Friday so that more material can be placed in the appendix and also so that the chairman can authorize the staff to put such materials into the record. For all practical purposes except that, the hearings are now closed. We thank you so much, Dean Griswold; there is no need to detain you. I appreciate your coming. Mr. GRISWOLD. Thank you, Senator. Senator CLARK. I will ask the staff to proceed promptly to preparing a committee print based on S. 1937 in the hope that we will be able to have an executive session of the subcommittee shortly after Labor Day to act on the bill as amended. Now the subcommittee will go into executive session, as soon as we get a quorum, to consider the juvenile delinquency bill. We will take a recess until we get a quorum. (Whereupon, at 10:28 a.m., the subcommittee recessed, to proceed to executive session.) |