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ED 028 238By-Bullock, PaulEqual Opportunity in EmploymentCalifornia Univ., Los Angeles. Inst. of Industrial Relations.Pub Date 66Note-122p.Available fronrInstitute of Industrial Relations, University of California, Los Angeles, California 90024 ($.75)EDRS Price MF-$0.50 HC-$6.20Descriptors-Administrator Role, Civil Rights Legislation, Community Involvement, Employment, *EmploymentPractices, *Equal Opportunities (Jobs), Labor Unions, *Merit Rating Programs, *Minority Groups, MinorityRole, Negro Employment, Unemployment, Wages

This book focuses on discrimination in employment defined as the denial of equalopportunity in the labor market to qualified persons on the basis of race, color,religion, national origin, age, sex, or any other factor not related to their individualqualifications for work. The average nonwhite college graduate can expect to earnless during his lifetime than the white who has never gone beyond elementary school.Traditional patterns of discrimination have caused counselors and parents todiscourage minority group youngsters from choosing "closed" occupations, and it isimportant that these young people be informed of opportunities and trained to takeadvantage of them. This pamphlet discusses significant developments affecting equalemployment opportunities since 1960 at the federal and state level, and specialstudies and surveys, using current statistical and factual information. The origin andnature of merit employment by private employers, and government and privatetechniques used to implement it are described. Wherever management has establisheda firm policy of merit employment, the results have almost invariably been remedialand beneficial. (CH)

VT 003 234

IiEqual Opportunity n

751

Employment by Paul Bullock_ .

00 U.S. DEPARTMENT Of HEALTH, EDUCATION & WELFARE

14" OFFICE Of EDUCATION

r\JTHIS DOCUWENT HAS BEEN REPRODUCED EXACTLY AS RECEIVED FROM THE

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Institute of Industrial Relations University of California, LosAngeles

EQUAL OPPORTUNITY

IN EMPLOYMENT

EQUAL OPPORTUNITY

IN EMPLOYMENT.

By PAUL BULLOCK

Edited by Irving Bernstein

Drawings by Marvin Rubin

.4 INSTITUTE OF INDUSTRIAL RELATIONS

r--UNIVERSITY &CALIFORNIA, LOS ANGELES

COPYRIGHT, 1966, BYTHE REGENTS OF THE UNIVERSITY OF CALIFORNLt

POPULAR PAMPHLETS OF THE INSTITUTE OF INDUSTRIAL RELATIONS

Southern Division:Collective Bargaining, by Edgar L. Warren and IrvingBernstein. 50cMaking Grievance Procedures Work, by Abbott Kaplan. 50cEmploying the Seriously Impaired, by Robert D. Melcher. 50cWages: An Introduction, by IL M. Douty. 50cUnion Security, by Orme W. Phelps. 50cWage Structures and Administration, by H. M. Douty. 50cHealth Insurance: Group Coverage in Industry, by Richard N.

Baisden and John Hutchinson. 50cPersonnel Management in Small Companies, by Frances Torbert. 50cStandards of Wage Determination, by Paul Bullock. 75cAbsenteeism, by Marjorie Brookshire. 750Merit Employment, by Paul Bullock. 75cWomen i..7 Work, by Marjorie B. Turner. 75c

Northern Division:Pensions under Collective Bargaining,by William Goldner. 50cStrikes, by William Goldner. 50cHours of Work, by William Goldner. 50cProductivit y, by Peter 0. Steiner and William Goldner. 50cGuaranteed Wages,by J. W. Garbarino. 50cThe Business Agent and His Union, by Wilma Rule Krauss and Van

Dusen Kennedy. 50cLocal Employers Associations, by William H. Smith. 50cUnemployment Insurance, by Margaret S. Gordon and Ralph W.

Amerson. 50cAutomation, by Jack Rogers. 50cThe Older Worlcer, by B. V. H. Schneider. 75cWage Incentive Systems, by Garth L. Mangum. 75cThe Business Agent and His Union, by Van Dusen Kennedy and

Wilma Rule Krauss, Revised Edition. 75cQuantity discounts are available.

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THE INSTITUTE OF INDUSTRIAL RELATIONS of

the University of California was created for the pur-pose, among others, of conducting research in industrialrelations. A basic problem is to reach as large an audi-ence as possible. Hence, through this series of popularpamphlets the Institute seeks to disseminate researchbeyond the professional academic group. Pamphlets likethis one are designed for the use of management, labororganizations, government officials, schools and univer-sities, and the general public. Those pamphlets alreadypublished (a list appears on the preceding page) haveachieved a wide distribution among these groups. TheInstitute research program includes, as well, a substan-tial number of books, monographs, and journal articles,a list of which is available to interested persons uponrequest.

This book represents a comprehensive revision andupdating of Merit Employment, a previous publicationin this series by the same author. For example, the newedition discusses the significant developments affectingequal employment opportunity thice 1960, including theenactment by Congress of the Civil Rights Act of 1964,additional Fair Employment Practices measures at thestate level, recent executive orders at the federal level,and special studies and surveys. All basic statistical andfactual information has been brought up to date.

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vi FOREWORD

The author of Equal Opportunity in Employment,Paul Bullock, is an economist trained at Occidental Col-lege and the University of California, Los Angeles. Hewas a wage analyst with the National Wage Stabiliza-tion Board during the Korean war. Mr. Bullock is pres-ently on the research staff of the Institute of IndustrialRelations, and is now studying social and economicproblems in the Negro and Mexican American com-munities of Los Angeles. He is co-author of Hard-CoreUnemployment and Poverty in Los Angeles, a specialreport to the Area Redevelopment Administration, pub-lished by the Superintendent of Documents (Washing-ton, D.C.) in October, 1965.

The Institute wishes to express its gratitude to thefollowing persons who reviewed the manuscript: Pro-fessors Harold Horowitz and Walter Fogel of the Uni-versity of California, Los Angeles, and Mr. Eddy S.Feldman, Managing Director of the Los Angeles HomeFurnishings Mart. The cover and illustrations weredrawn by Marvin Rubin. Mrs. Felicitas Hinman assistedwith the editing.

The viewpoint is that of the author and is not neces-sarily that of the Institute of Industrial Relations or ofthe University of California.

BENJAMIN AARON, DirectorSouthern Division

LLOYD ULMAN, DirectorNorthern Division

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ContentsI. INTRODUCTION 1

II. THE LEGACY OF INEQUALITY 61. The Impact of Discrimination 72. The History of Discrimination 16

/II. MINORITIES AND THE FEDERAL GOVERNMENT . 201. Federal Fair Employment Practices

Measures 212. Government Contracts 36

IV. STATE AND LOCAL FEP MEASURES . 451. Pre-Employment Discrimination . 472. On-the-job Discrimination 523. The Impact of Fair Employment Practices

Legislation 55

V. THE INVESTIGATIVE PROCESS : A "Mame' CASE 60

VI. PRIVATE CAMPAIGNS AGAINST DISCRIMINATION 691. Typical Management Experience with

Merit Employment 712. Unions and Merit Employment . . . 74a Community Attacks on Discrimination . 78

VII. MERIT EMPLOYMENT: TECHNIQUES, PROB-LEMS, AND RESULTS 841. Minorities in the Work Force 852. Management's Role in a Merit-Employ-

ment Program 93

VIII. SUMMARY .AND CONCLUSIONS 106

IX. SUGGESTIONS FOR FURTHER READING . . 110

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I. Introduction

RACIAL AND REucious discrimination re-mains one of the most critical problems facing theUnited States today. Despite the progress achieved inrecent years, many Americans find their opportunitiesrestricted by discriminatory barriers in almost everyaspect of lifeeconomic, cultural, political, social, andeducational.

Discrimination is morally wrong at any time. More-over, in the midst of a "cold war," and in a world con-taining an infinite variety of creeds and skin complex-ions, it results in many a diplomatic and political dis-aster. Its elimination must be placed high on our list ofpriorities.

This book focuses on only one part of this problem:discrimination in employment, defmed as the denial ofequal opportunity in the labor market to qualified per-sons on the basis of race, color, religion, national origin,age, sex, or any other factor not related to their indi-vidual qualifications for work. Discriminatory practices,at all levels of the job structure, prevent the full andeffective use of our manpower resources and deny equaleconomic opportunity to large segments of the popula-

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2 EQUAL OPPORTUNITY IN EMPLOYMENT

tion. The President's Council of Economic Advisers hasestimated that America loses as much as $20 billion ofpotential national output per year "as a result of em-ployment discrimination and poorer educational oppor-tunities for non-whites." In its 1965 report, the councilnotes that nonwhites earn approximately 30 percent lessthan whites, even when occupations and educationallevels are comparable, and that about 40 percent of thenonwhites are classified as "poor" in contrast with 16percent of the whites.

In America, the disadvantages of a dark skin arevividly and shockingly illustrated in the recent figurescomparing the lifetime earnings of a white with no morethan an eighth-grade education and a Negro with acollege degree. Dr. Herman P. Miller, Special Assistantto the Director of the Census, has calculated that, onthe basis of 1959 incorneF, the average nonwhite collegegraduate can expect to earn less during his lifetime thanthe white who has never gone beyond elementaryschool. Even in northern and western states, where dis-crimination is supposedly less intense than in the South,the average lifetime earnings of a white and a Negro inthe respective educational categories are almost thesame.

On June 4, 1965, President Lyndon B. Johnson calledupon Americans to "end the one huge wrong of theAmerican nation" and to "give 20 million Negroes thesame chance as every other American to learn and grow,to work and share in society, to develop their abilitiesphysical, mental, and spiritualand to pursue their in-

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EQUAL OPPORTUNITY IN EMPLOYMENT 3

dividual happiness." Noting that the gap between themedian family incomes and the unemployment rates ofNegroes and of whites has widened in recent years, hedeclared that

Unemployment strikes most swiftly and broadly at the Negro.This burden erodes hope. Blighted hope breeds despair.Despair brings indifference to the learning which offers away out, and despair coupled with indifference is often thesource of destructive rebellion against the fabric of society....In far too many ways American Negroes have been anothernation, deprived of freedom, crippled by hatred, the doors ofopportunity closed to hope.

It should be emphasized that discrimination is notlimited to Negroes. Many more billions of dollars ofoutput are lost each year because Mexican Americans,Puerto Ricans, American Indians, and members of othergroups are not granted full equality of opportunity inour society. Sometimes the patterns of discriminationare hidden or obscured, perhaps even undetectable; buttheir impact upon the economy is no less damaging. Forinstance, every Spanish-speaking youngster who en-counters hostility or indifference in the local school sys-tem is crippled to some degree.

Nondiscrimination in employment, therefore, is essen-tial on both moral and economic grounds. The federalgovernment has recognized and endorsed this principlethrough the creation of the President's Committee onEqual Employment Opportunity, the Commission onCivil Rights, and enactment of the Civil Rights Act of


1964, with provisions for establishment of an Equal Em-ployment Opportunity Commission. Twenty-nine states,and several municipalities, have enacted fair employ-ment practices laws which forbid discrimination inprivate employment. The California law expresses thereasoning behind such legislation:

It is recognized that the practice of denying employmentopportunity and discriminating in the terms of employmentfor such reasons [race, religious creed, color, national origin,or ancestry] foments domestic strife andunrest, deprives theState of the fullest utilization of its capacities for develop-ment and advance, and substantially and adversely affectsthe interests of employees, employers, and the public ingeneral.

In addition, many business finns and unions all overthe nation have voluntarily elimirated discrimination,and scores of private organizat, are conducting ex-tensive campaigns to promote the principle of nondis-criminatory employment. A number of employers andassociations have adopted policies of "affirmative com-pliance," under which they pledge themselves to gobeyond the mere letter of the law and seek to overcomethe many vicious circles that are the inevitable productof centuries of discrimination.

The term "merit employment," in essence, refers tothe hiring, promotion, and general treatment of workersin accordance with their individual job-related qualifi-cations. The intent of such a policy is to eliminate dis-crimination against employees or job applicants on the

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basis of race, religion, national origin, or such otherfactors as age or sex which are unrelated to knowledgeand skill required on the job. This book describes the ,origins and nature of merit employment, the govern-mental and private techniques used to implement it, andsome of the special problems encountered. The emphasiswill be on the factual record as it is available.

While the focus here is necessarily on the employmentaspects of discrimination, it must be emphasized thatthe entire problem is essentially indivisible. All mani-festations of discrimination are closely interrelated:inferior education for minority groups, as one example,inevitably reduces their employment opportunities; seg-regated housing restricts thearea within which minority-group workers can effectively search for work, forcesmany of them to travel long distances to and from theirplace of employment, and denies them the chance toimprove their status in the community, even when theyrise in the job hierarchy. To be genuinely effective, theattack on discrimination must be launched on severalfronts at the same time.

II. The Legacy ofInequality

SEVERAL YEARS AGO, a young Negro athletenamed Jackie Robinson created a national sensationwhen he joined the Brooklyn Dodgers as first baseman.His abilities were never in dispute; baseball fans, in Flat-bush and elsewhere, agreed that the Dodgers' prospectshad brightened as a result of this acquisition. But Robin-son was the first Negro in the twentieth century to behired as a regular player on a major league team, thefirst to break through the color barrier which had keptAmerican baseball "pure white." The color of his skinmade him a controversial figure.

Negro baseball players r no longer a rarity. Thebarrier has been breacheil. Colored players are nowjudged, along with their white colleagues, on the basisof their batting averages and their fielding; they becomecontroversial only when in a hitting slump. They are, inshort, hired, benched, or traded solely on their merit asbaseball players.

Most instances of past or present discrimination inemployment do not receive publicity. Yet they are no

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less important to those affected, and their consequencesare no less serious. Negroes, Jews, Catholics, Orientals,Irishmen, Jehovah's Witnesses, American Indians, andcitizens of Puerto Rican, Mexican, and Eastern Euro-

pean descentall these and many more have been dis-missed from job interviews with the advice: "Don't callus, we'll call you." But the phone never rings.

1. THE IMPACT OF DISCRIMINATION

Discrimination affects many persons in Ameri-can society. Discriminatory employment patterns, forexample, effectively restrict the members of certain


racial, religious, or nationality groups to particular typesof jobs or burden them with persistent unemployment.As a result, their income is too low in relation to thatof other groups and also to widely accepted standardsof an adequate income, and the nation fails to makefull use of their talents.

Since the end of World War II, some nonwhites havemoved into higher-skilled and better-paid jobs, butwhites have been upgraded at a faster rate, thus widen-ing the economic distance between the two groups. TheUnited States Department of Labor, in its 1965 Reporton Manpower Requirements, Resources, Utilization, andTraining, emphasizes that the unemployment rate fornonwhites aged twenty-five and older continues to bedouble the corresponding rate for whites (in 1964, 7 to8 percent for nonwhites as against 3 to 4 percent forwhites). Further, nonwhites tend to be unemployedlonger and more often than whites: about one-third ofthe unemployed nonwhites are jobless for fifteen weeksor longer, as compared with one-fourth of the whites.

The plight of the Negro, in particular, has relativelyworsened during the postwar period. The President haspointed out that about 29 percent of experienced Negroworkers are out of work at some time during a givenyear. But even these figures do not suggest the full im-pact of unemployment upon Negroes. The Negro teen-agers suffer unemployment at possibly the highest rateof any major group in American society: for example,23 percent of teenage boys and 31 percent of teenagegirls were unemployed in 1964. Tragically, Negro high


school graduates experience unemployment at a higherrate than do white dropouts, a rate more than twice thatof the white graduates.

The intolerable burdens which American society im-poses upon the Negro are similarly reflected in figureson occupational distribution. In 1963, about three-fourths of all employed Negro workers were in thelesser-skill job classifications (laborers, farm workers,service workers, private household workers, and op-eratives), compared with about 36 percent of the whites.On the other hand, only one-fifth of the Negroes werein the professional and white-collar categories (profes-sional and technical, managers and officials, farm ownersand managers, salesmen, and clerical employees), com-pared with one-half of the whites. About 6.5 percent ofthe Negroes were located in the skilled crafts category,in contrast with almost 14 percent of the whites. Morethan one-third of Negro women were classified as "pri-vate household workers," and about 29 percent of Negromen were employed as laborers of some kind.

These differences in occupational distribution result,of course, in a wide disparity in incomes of the ethnicgroups. Nationally, white men who were high schoolgraduates had a median income of $5,600 in 1963, com-pared with an income of $3,821 for nonwhite graduates.For men who had completed at least some college, themedian income for whites was $6,829, and for nonwhites$4,070. Between 1952 and 1963, the median income forNegro families dropped from 57 percent to 53 percentof the median for white families.

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What these figures demonstrate is that, despitemarked improvement in the economic and social statusof nonwhites in the past quarter-century, nonwhiteworkers remain largely relegated to the lower levels ofblue-collar employment. Two reasons are largely re-sponsible for this pattern. First, for many decades Ne-groes were generally barred from other than menial jobs.Second, even in those instances where professional,white-collar, skilled, or semiskilled jobs have becomeavailable to them, they frequently lack the training, ex-perience, and educational background needed to qual-ify. It is a familiar type of vicious circle: the long-timeabsence of economic and educational opportunities hasdiscouraged many nonwhites from acquiring the skillsnecessary for higher-paid jobs.

The problems confronting the prospective Negroskilled worker are complex. He must first secure the sec-ondary and, perhaps, college education needed for thegeneral training which higher-level jobs require. Hemust then acquire the specific skills of the trade or pro-fession to which be aspires, perhaps through an appren-ticeship program. Finally, he must obtain permanentwork which allows him to advance according to his in-dividual capacities. At any one of these stages, he maybe stymied by discrimination.

Other groups also encounter such barriers, thoughseldom as often as the Negro. Discrfinination againstAmericans of Mexican descent is severe in certain areasof the country, specifically in the southwestern stateswhere the vast majority of Mexican Americans are con-

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centratecl. In 1960, the Mexican American populationtotaled 3,464,999 in five southwestern states (Arizona,California, Colorado, New Mexico, and Texas), approxi-mately 1.3 million in excess of the total Negro populationin those states. Exactly three-fifths of the employed Mex-ican American men worked as farm or nonfarm laborers,service workers, private household workers, or oper-atives, in contrast with only 28 percent of the "Anglos."Only about 5 percent of the Mexican American menwere employed in professional and technical categories,proportionately no more than Negroes and in glaringcontrast with the 15 percent of Anglos in those cate-gories.

In almost every index of economic progress, the Mexi-can American ranks somewhere between the Anglo onthe top and the Negro on the bottom. In median familyincome and rate of male unemployment, for example,Mexican Americans are somewhat better off than Ne-groes and markedly worse off than Anglos. There is onesignificant area, however, in which Mexican Americansfind themselves at a disadvantage even in "competition"with Negroes: their median educational attainment runsabout two grade levels below that of the Negro. Themedian of school years completed i3 only slightly abovethe eighth grade for Mexican Americans in the fivesouthwestern states, compared to about the tenth gradefor Negroes in those states. Of course, these are quanti-tative measurements; the quality of schooling receivedby members of minority groups is often inferior to thatreceived by the majority.


The Puerto Rican population of the continentalUnited States, particularly in the New York area wheremany have settled in recent years, faces similar prob-lems. In 1960, the median of school years completed bypersons of Puerto Rican birth and parentage in theUnited States was slightly above the eighth grade, put-ting them on the same educational level as the MexicanAmericans in the five southwestern states mentionedabove. Over 28 percent of the employed Puerto Ricanmen worked as laborers, service workers, and privatehousehold workers, and another 39 percent were listedas operatives. Thus, the vast majority of Puerto Ricanmen are concentrated on the lower rungs of the blue-collar occupational ladder. Approximately 9.5 percentof Puerto Rican males in the nation's civilian labor forcewere unemployed in 1960, much above the average forthe Anglo population.

Although overt and identifiable discrimination againstJews, Orientals, and other groups has declined in recentdecades, some firms continue to exclude them from topexecutive, administrative, professional, and sales posi-tions. Studies of promotional practices in industry, con-ducted by the Survey Research Center of the Universityof Michigan, have demonstrated that Jews are under-represented in the higher executive echelons of manycompanies, often because of "built-in" biases in the pro-cedure by which executives are selected.

This problem of "disguised" discrimination becomesincreasingly critical as public policy and private mo-rality combine in opposition to the more obvious forms


of discrimination. Rarely, outside the South, will em-ployers, union officials, and government representativesadmit or defend the practice of racial or religious dis-crimination, and for this reason, its detection becomesmore and more difficult. Discrimination has a long his-tory in this country; the pervasive and destructive socialand economic consequences of this deeply rooted be-havior tend to remain unimproved even after their im-mediate cause has been eliminated. Unless positive ef-

forts are made to offset the effects of past discrimination,the formal abolition of present discrimination will beonly of limited benefit, Because of this, the official anti-discrimination agencies emphasize policies of "affirma-tive compliance," and many experts call for a domestic"Marshall plan" to provide at least a partial compensa-tion to minorities that have been denied their basicrights and opportunities for nearly three centuries.

A leading advocate of this approachWhitney M.Young, Jr., Executive Director of the National UrbanLeaguehas stated the case thusly:

Neither the Negro nor the Urban League is asking for threehundred years of preferential treatment such as white citi-zens have had. We are asking for only a decade of dedicatedspecial effort... . At this point when the scales of justice areso grossly unbalanced, it is impossible to balance them bysimply applying equal weight

Some whites interpret this as "preferential treatment"for the Negro and complain bitterly about what theyseem to regard as prejudice in reverse. White workers


who have enjoyed long-time access to apprenticeshipprograms, and whose children have had preference inadmission to such programs, may be visibly and volublydistressed when an order is issued for revision of ap-prenticeship lists to permit the inclusion of Negroes.White parents who have complete freedom of move-ment, and who can therefore select the best availableschools (public or private) for their children, may behighly critical when Negro parents ask either for theright to move out of their ghettos or, at least, to sendtheir children to high-quality schools in traditionallywhite areas. In a sense, these whites refuse to accepttheir responsibility for the burdens which they and theirpredecessors, directly or indirectly, have imposed andcontinue to impose upon Negroes and other minorities.

It must be recognized that discrimination has under-mined motivation for achievement and created a widecommunications gap between the dominant majorityand the residents of minority ghettos. Unless membersof minority groups become aware of new economic andsocial opportunities and changes in the traditional atti-tudes of society, much of our "progress" will be abortive.Therefore, businessmen, labor leaders, and governmentpolicymakers must be concerned with the indirect andsubtle, as well as the more obvious, effects of racial andreligious prejudice.

There are other segments of the population which alsosuffer discrimination in employment. For example, em-ployers often practice open or tacit discrimination


against women. Figures on the scope of such discrimina-tion are difficult to obtain, but it is significant that themedian earnings of males in 1959 were measurablyabove those of females in every category of work, asshown by the 1960 census. In many cases, for instancein the professional, managerial, sales, crafts, operative,and service categories, male earnings ranged roughlyfrom double to triple the corresponding figures for fe-males. The Office of Manpower, Automation and Train-ing reports that in 1962 the median income of familiesheaded by women was about half that of families withmale breadwinners. The low earnings of women in thelabor force are obviously the result of two factors: (1)women tend to be heavily concentrated in low-paidoccupations, and (2) even where the occupations arein the same classification, women, on the average, re-ceive less pay than men. The Equal Pay Act, passed byCongress in 1963, is designed to protect women fromdiscrimination in pay when they are performing thesame work as men, but its impact is not yet measurable.

The older worker also suffers increasing discriminationin the American economy. Jobseekers over the age offorty find it difficult to secure steady employment inmany types of industries and occupations, and the ac-celerated competition from young people now enteringthe labor market (the grown-up "postwar babies") hasmade their problems more complex. Section 715 of theCivil Rights Act of 1964 authorizes the Secretary ofLabor to make a special study of the problem of age

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discrimination and report the results to Congress. Theact itself, however, does not prohibit discrimination onthe basis of age.

2. THE HISTORY OF DISCRIMINATION

The historical sources of discrimination arevaried and complex. Obviously, a major source is thesocial and cultural pattern established in the generalcommunity. The feeling against immigrants, for in-stance, has in part grown out of a "nativist" antagonismtoward a "foreign" invasion of the hitherto predominantculture. The most recent immigrant is always a frequenttarget of prejudice. But once he is assimilated, he isusually accepted as part of the community. Indeed, thisnewly accepted immigrant will sometimes adopt theattitudes of the "elite" which formerly excluded him,and will heap ridicule upon those who seek to emulatehis own rise in status.

Thus the Irish Catholics were an early object of preju-dice and discrimination in this country. During the nine-teenth century, many American newspapeis made itclear in their help-wanted ads that "No Irish NeedApply!" Professor Oscar Hand lin has pointed out thatthe Irish in New York City were often regarded as pau-pers and criminals. "Forming 28 percent of the popula-tion of the city in the 1850's, these people accounted forfully 69 percent of the pauperism and 55 percent of thearrests." Though some anti-Catholic feeling has per-

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sisted to this day, Americans of Irish descent are nolonger in disfavor.

Prejudice against the Negro, however, is in a some-what different category from other types of discrimina-tion. His case is far more complicated. Brought toAmerica as a slave, he became part of an economic andsocial system which required him to remain in a sub-servient status. The dominant culture would not assimi-late him as an equal and put forth elabora: ;rationaliza-tions to explain his supposed biological inferiority. Froma pragmatic standpoint, the color of his skin has alwaysmade him a more obvious target for discrimination thanthe Irishman, the Eastern European, and many otherswho have occasionally felt the lash of bigotry.

Racial and religious prejudice reached perhaps itszenith in the period following World War I. With anti-foreign feelings rampant and the Ku Klux Klan in tem-porary ascendency, discrimination against the nonwhiteand the recent immigrant was intensified. The immigra-tion laws were overhauled with the ill-concealed pur-pose of cutting off the flow of immigrants from Easternand Southern Europe and from nonwhite areas. In addi-tion, states such as California broadened their discrimi-nation against Orientals.

In general, however, the position of minority groups,including the Negroes, has improved since the 1920's.Partly this is a result of government policy; for example,federal relief and economic benefits have generally beendistributed without regard to race, color, or creed.It is also possible that higher educational levels and


other factors have improved the attitudes of the generalpublic.

The pressures of a tight labor market in wartime haveperhaps had an even greater impact. During World WarII and the Korean War, labor scarcity required indus-try to tap new sources of manpower and utilize the serv-ices of many who were formerly excluded from thevacant jobs. Negro workers particularly benefited fromsuch changes in the labor market.

With growing political power, minorities in Americahave received increasing help from the goverment.Specific measures, beginning in the period precedingWorld War II, will be discussed in later chapters. It nowsuffices to point out that public policy is generally favor-able to merit employment, and that significant stridesin this area have been made in recent years.

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This progress, specifically with regard to the Negroworker, may reflect the "rank order of discriminations"described in An American Dilemma, Gunnar Myrdarsmonumental work on the race problem. Myrdal pointed

out that white Americans discriminate most strongly

against intermarriage and sexual intercourse involvingwhite women and Negro men, and least in the area ofemployment, social welfare activities, and similar eco-

nomic opportunities. The Negro's order of interests, on

the other hand, "is just about parallel, but inverse, tothat of the white man." In other words, Negroes are most

interested in jobs and economic equality and least inter-

ested in intermarriage. It is precisely in this area of work

opportunities, then, that the best hope exists for prog-

ress without undue conflict.

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III. Minorities and theFederal Government

THE STRUGGLE FOR MINORITY rights has along history in America. The sectional impasse over theissue of slavery, the aftermath of the Civil War with itscivil rights statutes and constitutional amendments, thecontinuing disputes over immigration policies, the longand complex series of U. S. Supreme Court decisionsin this areaall these have had an impact on the statusof minorities, for good or ill.

Much of the early impetus for greater employment ofminorities has come from government. Through execu-tive orders, federal laws, special committees, state andlocal ordinances, and direct government employment,Negroes and other minority groups have secured manythousands of jobs which might otherwise not have beenavailable to them.

The federal goverment has actively promoted apolicy of nondiscrimination in employment in two fin-portant ways: (1) it has promulgated the principle ofmerit employment throughout the federal service, with

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hiring and promotions placed on a nondiscriminatorybasis, and (2) it has forbidden discrimination in privatelyowned firms holding government contracts and in otherfirms defined in the Civil Rights Act of 1964. In addi-tion, various federal agencies have used educationalmedia to strengthen the program of merit employmentin private industry generally.

Governmental action, of course, is not the whole an-swer to the problem of discrimination. Although lawgives strong support to the principle of nondiscrimina-tion in employment, it must be supplemented by privateefforts. Thus, each approach reinforces the other.

1. FEDERAL FAIR EMPLOYMENTPRACTICES MEASURES

The first "fair employment practices" (FEP)machinery was established in July, 1940, when an office

was created in the labor division of the National De-fense Advisory Commission to facilitate the employ-ment and training of Negro workers. A number of fed-eral agencies agreed to cooperate in this program.

However, continued discrimination in industry dur-ing the national defense program led A. Philip Ran-dolph, an outstanding Negro spokesman and Presidentof the Brotherhood of Dining Car Porters, to threatena mass "march on Washington" in 1941 to demonstratethe grievances of the Negro workers. As a result, onJune 25, 1941, President Franklin D. Roosevelt issuedExecutive Order No. 8802, which set up the Committee


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on Fair Employment Practices within the Office of Pro-duction Management, designed to eliminate discrimina-tion in employment due to race, creed, color, or nationalorigin. This committee had power to investigate com-plaints and correct valid grievances. It could make rec-ommendations to the President and to other governmentagencies. However, it had a precarious existence; it wasoften under fire from hostile legislators who succeededin cutting off its appropriations in the summer of 1945.Under its aegis, some progress had been made in thedirection of greater employment opportunities for mi-norities, but probably the greatest stimulus had comeautomatically from the drastic labor shortages associ-ated with World War II.

In late 1946, President Harry S. Truman appointeda special committee to study the problem of civil rightsand make recommendations for further implementationof an antidiscrimination program. The Committee onCivil Rights reported in 1947 that discrimination in em-ployment was a serious problem throughout the coun-try, and particularly within the District of Columbia.It cited a wartime statement of a ranking D. C. officialthat "Negroes in the District of Columbia have no rightto ask for jobs on the basis of merit," on the groundsthat whites own most of the property and pay the bulkof municipal taxes. It also noted that Negroes receiveddiscriminatory treatment in private employment, withthree-fourths of all Negro workers in Washingtonclassed as domestics, service workers, or laborers in1940.

24 EQUAL OPPORTUNITY IN EMrLOYMENT

The committee unanimously recommended the en-actment of a federal fair employment practices act pro-hibiting all forms of discrimination in private employ-ment based on race, color, creed, or national origin. Italso endorsed the enactment of similar laws by the vari-ous states, and the issuance by the President of an orderagainst discrimination in government employment withadequate machinery for enforcement.

These recommendations were greeted by both cheersand jeers in the legislative chambers and elsewhere. InFebruary, 1948, President Truman endorsed them in aspecial message to Congress, urging, among otherthings, the enactment of a federal fair employment prac-tices law. At approximately the same time, the Presi-dent issued an order for the elimination of racial andreligious discrimination in federal employment and theestablishment of a fair employment board within theCivil Service Commission. The President also requiredequality of treatment for all persons in the armed serv-ices, regardless of race, color, creed, or national origin.

On January 18, 1955, President Dwight D. Eisen-hower issued Executive Order No. 10590 which enunci-ated an official policy of nondiscrimination in federalemployment, made department heads responsible forcarrying out the directive, and created the President'sCommittee on Government Employment Policy. Thetask of this committee was to implement a nondis-crimination policy by hearing and judging individualcomplaints, by circulating information to the variousagencies, and by sponsoring conferences to discuss the


problems involved. On March 6, 1961, President JohnF. Kennedy issued Executive Order No. 10925, whichabolished the Committee on Government EmploymentPolicy and transferred its functions to the newly estab-lished President's Committee on Equal EmploymentOpportunity.

The most recent reports of this committee indicatethat the proportion of Negroes in the middle and upper"grade jobs in federal employment (Civil Service grades2r2through 18) had risen since initiation of this program.Between 1961 and 1964, Negro employment in thesecategories had increased by about 125 percent. The per-centage of Mexican American employees in these brack-

ets, most notably within the five southwestern statespreviously mentioned, had also increased. However, weshould not deceive ourselves by overemphasizing per-centages of this type. The percentage increases are im-pressive largely because the number of Negro and Mexi-can American employees at these higher grade levels hasbeen, and remains, comparatively small. The vast major-

ity of Negroes and Mexican Americans in governmentalservice is still clustered in the lower brackets, despitethe measurable improvements over the past few years.

In many communities, government service is the fore-

most source of white-collar employment for minoritygroups. The Los Angeles County Commission on HumanRelations reported a few years ago that in one local gov-

ernment department approximately half of the clericalstaff consisted of Negro, Mexican American, and Ori-ental personnel. The commission estimated that a large


percentage of white-collar job opportunities for suchgroups was concentrated in the four governmental juris-dictions: federal, state, county, and city.

The newest, and perhaps the most significant, effortundertaken by the federal government in the field ofmerit employment is the es,ablishment by Congress(effective July 2, 1965) of the Equal Employment Op-portunity Commission, as provided by Section 705 ofthe Civil Rights Act of 1964. The commission, compmf -\of five members appointed by the President, and Fix,-ently chaired by Franklin D. Roosevelt, Jr., is empow-ered to take action against discrimination in privateemployment whether based on race, color, religion, sex,or national origin. Complaints may be initiated eitherby aggrieved individuals or by members of the commis-sion itself when they have reason to believe that a vio-lation of the law has occurred.

Title VII of the Civil Rights Act makes it illegal foran employer

1) to fail or refuse to hire or to discharge any individual, orotherwise to discriminate against any individual with respectto his compensation, terms, conditions, or privileges of em-ployment, because of such individual's race, color, religion,sex, or national origh,; or

2) to limit, segregate, or classify his employees in any waywhich would deprive or tend to deprive any individual ofemployment opportunities or otherwise adversely affect hisstatus as an employee, because .)f such individual's race,color, religion, sex, or national origin.


This section applies equally to private employmentagencies in referrals to jobs, and to labor unions in mem-bership and hiring-hall policies. Discrimination is pro-hibited in apprenticeship and on-the-job training pro-grams, thus supplementing and strengthening a previousregulation to the same effect issued by the United StatesDepartment of Labor with respect to such programsregistered with the department's Bureau of Apprentice-ship and Training (29 CFR Part 30, effective January17, 1964, printed in the Federal Register, December 18,1963, Title 29Labor).

These provisions differ from other legislation (for ex-ample, most of the state "fair employment practices"laws) with respect to their application to discriminationon the basis of "sex." Though the original draft of the1964 Civil Rights Act contained no such provision, anamendment to this effect was added in the House ofRepresentatives and was retained in the fmal version.Since there is little precedent for this feature of the leg-islation, its precise interpretation and application inpractice remain unclear at this writing. It would appearthat the amenclutont must be read in connection withsections 703 (e) and (h) of the same act, which permitemployers and organizations to consider religion, sex, ornational origin "in those ceitain instances where reli-gion, sex, or national origin is a bona fide occupationalqualification reasonably necessary to the normal opera-tion of that particular business or enterprise" and toapply diff erent standards of compensation or conditions


of employment (for instance, under a seniority or meritsystem) "provided that such differences are not the re-sult of an intention to discriminate because of race,color, religion, sex, or national origin. . . ."

Obviously, the question hinges on the possible rela-tionship between the sex of the applicant and the nec-essaq qualifications for the job. If an employer candemonstrate that the job requires a degree of physicalstrength which women ordinarily do not possess, theemployment of men only would presumably not be inviolation of the act. In those instances where physicaldifferences between men and women are irrelevant tojob performance, it seems clear that applicants of both

sexes must be considered on an equal basis. At this mo-

ment, it is somewhat unclearhow this amendment wouldapply to certain types of jobs which have traditionallybeen reserved for women, thus far without a demonstra-ble connection between sex and job qualifications. Afew examples of employees in such occupational cate-gories are secretaries and stenographers, airline steward-

esses, maids, telephone operators, and nurses. It seemslikely that qualified male applicants for such positionsshould receive consideration by potential employers on

the same basis as females.The other provisions of Title VII of the Civil Rights

Act are essentially similar to those already in effect in"fair employment practices" legislation, with a few ex-ceptions to be discussed later. The new Equal Employ-ment Opportunity Commission has broad powers tocooperate with other governmental agencies (national,

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state, and local), to establish regional offices, issue regu-lations, provide technical assistance, refer appropriatematters to the Attorney General, require the keeping ofrecords, and prevent unlawful employment practicesthrough a variety of means. The act spells out in detailthe relationship of the federal commission to the variousstate and local FEP commissions entrusted with the re-sponsibility for enforcement of antidiscrimination laws.It stipulates that whenever an individual complaint ofdiscriminatory practices is made in a state or localityhaving such laws, the charge cannot be filed with theEqual Employment Opportunity Commission "beforethe expiration of sixty days after proceedings have beencommenced under the state or local law, unless suchproceedings have been earlier terminated.. . ." The 60-day period is extended to 120 days during the first yearafter the effective date of a state or local law. When afinding of discrimination LI made by a member of thecommission itself, the commission notifies the appropri-ate state or local agency, which is then given at least 60days, upon request, to remedy the alleged unlawfulpractice before the federal authority asserts its jurisdic-tion. Again, the 60-day period is extended to 120 daysunder the circumstances noted above.

After a charge has been properly filed under Title VII,either by an aggrieved individual or by a commissionmember, the employer, employment agency, or labororganization involved is notified and the commissionproceeds to investigate. At this stage, all proceedingsare confidential, and heavy penalties may be imposed

-4/..m.111., *I.m.,.-


on any staff member who releases information in viola-tion of provisions under this title. Once it is determinedthat there is reasonable cause to believe that the chargeis true, the commission tries to eliminate the practice byinformal methods of conciliation and persuasion, withthe requirement of complete confidentiality remainingin effect. If, within thirty days after the filing of thecharge or the expiration of any other relevant periodidentified in the act, the commission is unable to securevoluntary compliance, the aggrieved person will be sonotified and he may then initiate (within thirty days) acivil action in the district court against the party accusedof discrimination. Under certain circumstances, the courtmay appoint an attorney for the complainant, omit thepayment of costs, and permit the Attorney General to,intervene. In those cases where the initial charge wasfiled by a commission member, the court suit may hebrought by any person allegedly affected by the unlaw-ful practice.

If the court finds that the respondent has engaged inthe unlawful practice as charged, it may enjoin him fromany further actions of this type and order such relief forthe aggrieved party as it deems appropriate, includingreinstatement in the job and back pay. However, noreinstatement can be ordered in any instance where thecomplainant was denied, or discharged from, employ-ment, or expelled or suspended from a union, for reasonsother than discrimination. Wherever the employer, em-ployment agency, or labor organization fails to complywith a court order issued in connection with the civil

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suit under this section of the Civil Rights Act, the com-mission may then initiate legal proceedings to compelcompliance.

Possibly the most important section of Title VII isSection 707, which empowers the Attorney General tobring civil action in the courts whenever he "has reason-able cause to believe that any person or group of personsis engaged in a pattern or practice of resistance to thefull enjoyment of any of the rights secured by this title,and that the pattern or practice is of such a nature andis intended to deny the full exercise of the rights hereindescribed. . . ." Under procedures defined in the act, theAttorney General may request that a special three-judgecourt be designated in the appropriate circuit of thefederal district courts to hear such cases, which are tobe given priority on the court dockets. Even where theAttorney General fails to file such request, the chiefjudge of the district (or, in some cases, the circuit) isordered to appoint a judge who will hear the case at theearliest practicable date.

All employers, employment agencies, and labor or-ganizations subject to the provisions of this act are re-quired to keep and make available such records as thecommission may require and prescribe. Record-keepingrequirements are eased, however, for those subject tostate and local FEP laws and federal regulations gov-erning government contractors. Organizations responsi-ble for the administration of apprenticeship or othertraining programs must be prepared to provide detailedrecords, including (but not limited to) a list of all appli-

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32 . EQUAL OPPORTUNITY IN EMPLOYMENT

cants, the chronological order of their applications, and

a description of the methods by which participants in

such programs are selected. Under certain limited con-

ditions, the commission may grant relief from these re-

quirements. Where appropriate, the commission may

cooperate with, and utilize the services and facilities of,

state and local antidiscrimination agencies in the ad-

ministation of its responsibilities under the act. Of

course, the commission is given the usual powers to

compel the submission of necessary records and the

attendance of witnesses.All those covered by the act are required to post, on

bulletin boards and in other conspicuous places through-

out the establishment, notices of its major provisions and

information relative to the filing of a complaint. The

commission itself will prepare, or must approve, the

form of such announcements.Certain exemptions and exceptions are provided in

the act. For example, Title VII does not apply to em-

ployers with respect to the employment of aliens outside

of the jurisdiction of the United States, or to religious

organizations with respect to the employment of persons

performing work in connection with religious activities,

or to educational institutions with respect to the employ-

ment of persons doing work related to educational ac-

tivities. In like manner, any school may hire employees

of a particular religion exclusively if it is administered

by a religious society or is established to propagate that

religion. The general exception for cases in which rd.-

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gion, sex, or natonal origin are "bona fide occupationalqualifications" has been mentioned previously.

In addition, persons who are members of the Commu-nist Party or other organizations officially designated asCICsubversive" receive no protection from this legislation,nor do its provisions apply to those who are adjudgedto be "security risks." Also, instances where legitimatepreferential treatment in employment is given to Indiansliving on or near a reservation are excepted from cover-age. However, nothing in the language of the title canbe interpreted as requiring anyone to grant preferentialtreatment to any individual or group because of race,color, religion, sex, or national origin "on account of animbalance which may exist with respect to the totalnumber or percentage of persons of any race, color, re-ligion, sex, or national origin employed by any employer,referred or classified for employment by any employ-ment agency or labor organization, admitted to mem-bership or classified by any labor organization, or ad-mitted to, or employed by, any apprenticeship or othertraining program, in comparison with the total munberof percentage of persons of such race, color, religion,sex, or national origin in any community, State, section,or other area, or in the available work force in any com-munity, State, section, or other area." This provision isintended to make clear that the act does not in any waysanction "quotas," by which employers and others mightbe expected to hire certain proportions of minority-group members as evidence of nondiscrimination.


The act defines an employer as anyone in an industryaffecting commerce "who has twenty-five or more em-ployees for each worldng day in each of twenty or morecalendar weeks in the current or preceding calendaryear," or any agent of such person. Governmental juris-dictions, Indian tribes, and bona fide private member-ship clubs are excluded from this definition. However,during the first year after the effective date of the title(July 2, 1965), "employer" is defined as a person havingone hundred employees or more; during the second year,seventy-live employees will be the break-off point; andduring the third year, it will be fifty employees. Thus,the criterion of "twenty-five or more employees" willbecome applicable on July 2, 1968.

The terms "employment agency" and "labor organiza-tion" are defined broadly so as to encompass nearly allsuch organizations which in any way affect commerceamong the states. In like measure, the phrase "industryaffecting commerce" is given a wide application, refer-ring to "any activity, business, or industry in commerceor in which a labor dispute would hinder or obstructcommerce or the free flow of commerce and includesany activity or industry 'affecting commerce' within themeaning of the Labor-Management Reporting and Dis-closure Act of 1959."

It should be noted that, in addition to the prohibitionagainst sex discrimination, Title VII differs from en-forceable state and local laws in other respects. A majordifference is that the Equal Employment OpportunityCommission does not have power to issue cease-and-


desist orders against those who have been adjudged tobe in violation of the law and have refused to adjusttheir policies voluntarily. Under the federal law, suitsagainst the offending parties must be brought by theindividual or individuals aggrieved. But, as pointed outbefore, this omission is at least partially offset by theprovisions of Section 707 which enable the AttorneyGeneral to initiate a civil suit whenever he finds a pat-tern of discrimination.

The federal measure also contains clarifying languagedesigned to exclude from coverage situations in whichmembers of minority groups are denied particular jobsfor reasons not related to race, color, religion, sex, ornational origin as such. As previously indicated, the em-ployer may maintain different standards of compensa-tion or conditions of employment, or piece-work andincentive pay systems, or differences in pay amongplants, provided that there is no intention to discrimi-nate illegally.

Further, the act makes it clear that the employer maygive, and use the results of, professionally developedpersonnel tests to place employees, and may compen-sate men and women differentially where that practiceis specifically permitted by the Fair Labor StandardsAct. The implied purpose of the first proviso is to guar-antee the legality of standard tests which are adminis-tered on a nondiscriminatory basis but sometimes havethe effect of screening out members of minority groupswho suffer from educational or environmental defi-ciencies.


In summary, the passage of the Civil Rights Act of1964 means that some employers will be subject to theprovisions of at least three measures relating to discrimi-nation in employment: the state or local fair employ-ment practices laws and regulations, Title VII of theCivil Rights Act. and executive orders governing con-tractors with the government. In almost all instances,the policies and procedures required by the variousagencies are sufficiently consistent that little duplicationor conflict is likely. It is conceivable, however, that sepa-rate investigations of a particular firm (or other organi-zation) will occasionally be conducted by two or moregovernment agencies, based either on a single complaintor on a number of different complaints.

2. GOVERNMENT CONTRACTS

Two executive orders issued during WorldWar II established the policy of requiring nondiscrimi-nation in businesses holding government contracts. Thefirst committee specifically created to carry out this pro-gram was the President's Committee on GovernmentContract Compliance, set up by President Truman inDecember, 1951. The committee, comprising represent-atives of the major contracting agencies and six othermembers named by the President, was empowered toexamine the procedures of federal departments, conferwith responsible officials, and make recommendationsfor the prevention or elimination of discrimination incontracting firms.


The functions performed by this committee were laterassumed by the President's Committee on GovermnentContracts, established by President Eisenhower on Au-gust 13, 1953. This second committee had broader pow-ers than its predecessor. It received complaints andtransmitted them to the appropriate contracting agencyfor action, and initiated and reviewed surveys of con-tractors. In addition, it conducted and encouraged edu-cational programs in industry and among private groups,in cooperation with state, local, and nongovernmentalinstrumentalities.

The nondiscrimination clause in government contracts

was further broadened in 1954 by Executive Order No.10557, which forbade discrimination in all aspects ofpersonnel practices, including employment, promotions,transfers, recruitment, layoffs, rate of pay, apprentice-ship programs, and many others. Under this clause, thecontractor is obligated to post, in conspicuous places,the notices of this nondiscrimination policy and to insertsimilar provisions in his subcontracts.

In March, 1961, President Kennedy issued ExecutiveOrder No. 10925, which established the President'sCommittee on Equal Employment Opportunity as asuccessor to President Eisenhower's Committee on Gov-ernment Contracts. The President's Committee on Gov-ernment Employment Policy (established by PresidentEisenhower in 1955) was abolished, and its responsi-bility to prevent discrimination in federal governmentemployment practices was transferred to the new com-mittee. On this committee the Vice President served as

-


Chairman and the Secretuy of Labor as Vice Chairman,but the major administrative functions were performedby the Executive Vice Chairman designated by thePresident. Executive heads and representatives of sev-eral major government departments, together withspokesmen for business, labor, and community groups,served as members. On September 24, 1965, PresidentLyndon B. Johnson issued Executive Order No. 11246,abolishing this committee and transferring its functionsto the Department of Labor and the Civil Service Com-mission. The Secretary of Labor has established theOffice of Federal Contract Compliance within his de-partment to administer the relevant provisions of theorder.

The government's antidiscrimination program hasbroad application to contractors and subcontractors. Anequal opportunity clause :4ust be inserted in each con-tract between an agency and a private firm, and betweenthe prime contractor and all subcontractors. This re-quirement applies to purchase orders and bills of lading,and Executive Order No. 11246 (and, earlier, ExecutiveOrder No. 11114) extends it to constructior, contractswhich are financed or assisted in any way by the federalgovernment. The Secretary of Labor may, by regulation,exempt certain classes of contracts, subcontracts, or pur-chase orders from the requirements of the order, namely:(1) instances where the work is to be performed outsidethe United States and no recruitment of domestic Ameri-can workers is involved; (2) contracts for standard com-mercial supplies or raw materials; (3) contracts or orders


involving less than specified amounts of money or num-bers of workers; or (4) subcontracts below a specifiedtier. The Secretary may also exempt a particular agencyfrom inserting any or all of the otherwise stipulated pro-visions in contracts, subcontracts, or orders, in specificcases where he determines that special circumstancesrequire the exemption.

Under a directive effective October 24, 1965, the Sec-retary of Labor has reaffirmed all rulings and interpreta-tions of the President's Committee on Equal Employ-ment Opportunity .which are not inconsistent with theprovisions of Executive Order No. 11246. Thus, the re-quirements of tile order apply only to first- and second-tier subcontractors (the subcontractor of the prime con-tractor and his own subcontractor), except in the case ofconstruction projects. Certain types of contracts or sub-contracts are exempt from the provisions of the order:transactions of :410,000 or under (except bills of lading),conuacts for standard commercial supplies or raw mate-rials not exceeding $100,000, contracts outside theUnited States, certain types of government propertysales contracts, and contracts and subcontracts for anindefinite quantity, provided that they will not extendbeyond one year and are not expected to exceed ..i.ie

maximum amounts stated above.All nonexempt contractors are required to file, and

must also cause their subcontractors to file, such compliance reports as the Secretary of Labor shall prescribe,using standard forms which can be obtained from thecontacting agency or, in the case of a subcontractor,

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from the prime contractor. The agency or the Secretarymay require a bidder or a prospective contractor orsubcontractor to Me a statement affirming that the prac-tices of a labor union in the plant are nondiscriminatory,and to have the statement signed by a representative ofthe union. If the union refuses, the employer must cer-tify that the union will not comply.

Routine or special compliance reviews of employerpractices are conducted by the responsible federal agen-cies or by the Secretary of Labor to ascertain whetherthe requirements of the executive order are being ob-served. In such reviews, firms are asked to provide in-formation on the number of minority-group employeesby type of job held. Any employee of a contractor orsubcontractor who believes himself to be the victim ofdiscrimination may file, or have filed for him by anauthorized representative, a written complaint not laterthan ninety days from the date of the alleged discrimi-nation. These complaints may be filed with the contract-ing agency, or with the Department of Labor, whichcarries out an investigation. The respondent may requesta public hearing if he feels it is in his interest.

All nonexempt contracts must contain clauses com-mitting the contractor to pursue nondiscriminatory poli-cies, post notices in all plants, take "affirmative action"to insure nondiscrimination, mention the equal opportu-nity policy in newspaper and other advertisements foremployees, report necessary information and make rec-ords available to the government, comply with all rulesof the executive order, obtain similar pledges from sub-

1Wailimulowv"*""'


contractors, and notify labor unions of these obligations.The requirement of "affirmative action" means that em-ployers must clearly communicate the nondiscrimina-tion policy to all responsible persons in the establishmentor in recruitment agencies, and must demonstrate a will-ingness to hire and promote workers on individual meritregardless of race, color, creed, national origin, or similarfactors. Aside from the actions indicated above, this re-quirement might imply the utilization of local sources ofworker referrals which are in regular contact with mem-bers of minority groups, such as the Urban League andthe State Employment Service. Affirmative action doesnot require the employer to lower employment stand-ards for minority-group applicants or to establish "quo-tas" for the hiring of such persons.

The legal sanctions for failure to comply have seldombeen used, though government representatives state thatthere is no hesitation to use them where absolutely nec-essary. Reviews of general employment practices at agiven firm can be initiated either in connection with anindividual complaint, or without a complaint, on theinitiative of a contracting agency or the Secretary ofLabor. When evidence of noncompliance is found, ef-forts are made through conference and conciliaUon tocorrect violations affecting any or all employees in theestablishment. If the contractor resists compliance evenupon the completion of conciliation, one or more of thefollowing sanctions can be imposed:

1) Publication of the names of noncomplying contractors;2) Recommendation to the Department of Justice that ap-


propriate legal measures be initiated against violat :rs, in-cluding the enjoining of perscns or groups seeking to preventcompliance;

3) Recommendation to the Equal Employment Opportu-nity Commission or the Department of Justice that proceed-ings be instituted under Title VII of the Civil Rights Actof 1964;

4) Recommendation to the Department of Justice thatcriminal proceedings be brought for the providing of falseinformation to the agency or the Secretary of Labor;

5) Cancellation, termination, or suspension, in whole or inpart, of the contracts or grants;

6) Provision that no further contracts, or assistance to con-tracts, will be extended to noncomplying contractors untilproof of compliance is provided.

Despite the availability of these sanctions, the variouscontract compliance officers and agencies have found itwise and expedient to rely mainly on educational meth-ods. Of course, the enforcement problems are quitecomplex. On the one hand, the antidiscrimination pro-gram operates in a "cold war" atmosphere in which gov-ernment agencies are frequently under pressure to se-cure the speedy and efficient completion of contracts.This may limit the extent to which they are prepared towithhold or withdraw contracts from violators. On theother hand, a shortage of qualified workers from minor-ity grovps sometimes makes it possible for contractorsto assert, sincerely or insincerely, that they are willing tohire such applicants but can find none.

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A major part of the antidiscrimination program hascentered upon the so-called "Plans for Progress," whichrepresent voluntary agreements between the govern-ment and businessmen under which the latter pledge toadopt affirmative policies going beyond the strict letterof the law. President (then Vice President) Johnson stim-ulated and encouraged the organization of the "Plans forProgress" program in 1961, and in 1963 he establishedar Advisory Council to assure greater participation by131....iess and industry. Of approximately three hundredparUcipating companies, some are not government con-tractors and, therefore, technically not subject to therequirements of the executive order. All companies,however, have committed themselves to vigorous andimaginative implementation of nondiscrimination poli-cies. "Plans for Progress" companies are required to Tethe same compliance reports as other companies coveredby the order. The President's Executive Order (NG.11246) of September 24, 1965, continues the "Plans forProgress" program, and also provides for the issuance ofCertificates of Merit to employers or unions found to bein full compliance with the order. The Secretary ofLabor may exempt such parties from the reporting re-quirements of the order if they hold Certificates of Meritwhich have not been suspended or revoked.

The same Executive Order makes the various govern-mental agencies and the United States Civil ServiceCommission responsible for the prevention of discrimi-nation in all federal employment. Heads of executive


departments and agencies are enjoined tomaintain posi-

tive programs of equal employment opportunity. AUthose subject to the provisions of the order, whether ingovernment or in industry, are expected tc implementnondiscrimination policies affirmatively, thus going farbeyond the mere issuance of formal statements or dec-larations of general purpose.

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IV. State and LocalFEP Measures

TVENTY-NINE STATES, plus the District ofColumbia and Puerto Rico, now have fair employmentpractices legislation providing for administrative hear-ings and judicial enforcement of the agency's or official'sorders: Alaska, Arizona, California, Colorado, Connecti-cut, Hawaii, Illinois, Indiana, Iowa, Kansas, Maryland,Massachusetts, Michigan, Minnesota, Missouri, Ne-braska, Nevada, New jersey, New Hampshire, NewMexico, New York, Ohio, Oregon, PennsylvaniP , RhodeIsland, Utah, Washington, Wisconsin, and Wyoming.The states of Delaware, Idaho, Maine, Montana, andVermont make discrimination amisdemeanor but main-tain no administrative commissions with enforceablepowers. Oklahoma and West Virginia have strictly vol-untary measures without legal penalties for acts of dis-crimination. The typical legislation covers private em-ployers and, in most cases, government jurisdictions;however, except in Alaska and Wisconsin, very small

firms are not covered.

[ 45 ]

11101.41WPIOINNIMMIIMIWOMM,..wwww.


A number of major cities have active FEP commis-sions, including Philadelphia, Cleveland, Minneapolis,St. Paul, Baltimore, and Toledo. Some other municipali-ties have established such commissions in the past, buthave terminated them when enforceable state laws tookeffect. Local agencies to combat all aspects of discrimi-nation by community education and fact-finding, suchas the Los Angeles County Commission on Human Re-lations, also operate in several areas.

The typical enforceable law prohibits discriminationin hiring, firing, promotions, or working conditions, andalso forbids employment agencies to discriminate inaccepting or referring applicants. Labor unions are reg-ulated similarly in their admission policies. Questionsand statements in application forms, advertisements,brochures, or interviews relative to race, religion, color,creed, or national origin are specifically outlawed. Itshould also be noted that twenty-four states, plus PuertoRico, prohibit discrimination based on age, and fivestates ban discrimination based on sex.

The law is administered by a state commission whichreceives and investigates complaints filed by those alleg-ing discrimination. Sometimes the commission is em-powered to initiate an investigation itself. The commis-sion relies primarily upon education, persuasion, andconciliation in administering the nondiscrimination pol-icy. However, if voluntary methods fail, the commissionmay issue a cease-and-desist order against the violator.If this order is defied, it may then petition for a courtruling to compel compliance. Relatively few court orders

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have been issued under the state and local statutes; mostcases are settled in an earlier stage of processing.

When a complaint of discrimination is received, aninvestigator is assigned to determine the facts in eachcase. Complaints may be filed by the aggrieved personhimself, or in many cases by the commission or an indi-vidual commissioner, a designated public official, anemployer whose employees refuse or threaten to refuseto comply with the law, or anyone with knowledge ofdiscriminatory practices or concern about the problem.Often the entire employment policy of the firm isreviewed.

1. PM-EMPLOYMENT DISCRIMINATION

Most of the fair employment practices lawsforbid any inquiries on employment forms or in inter-views which would indicate a discriminatory policy. Forexample, the Minnesota statute contains a reasonablytypical clause:

Except when based on a bona fide occupational qualifica-tion, it is an unfair employment practice:

8) for an employer, employment agency, or labor organi-zation, before an individual is employed by an employer oradmitted to membership in a labor organization, to

a) require the applicant to furnish information that per-tains to the applicant's race, color, creed, religion or na-tional origin, unless, for the purpose of national security,information pertaining to the national origin of the appli-cant is required by the United States, this state or a politi-cal subdivision of the United States or this state;


b) cause to be printed orpublished a notice or advertise-

ment that relates to employment or membership and dis-

closes a preference, limitation, specification, or discrimina-

tion based on race, color, creed, religion or national origin.

By official interpretations, such a clause rules out not

only the obvious questions regarding religion, race, na-

tional origin, or color, but also more subtle practices of

discrimination. For instance, the firm may lawfully re-

quest the employee to submit a photograph of himself

after employment, but not before. He may be asked if

he is a citizen of the United States, but the question

must not be phrased so as to ascertain the country ofhis birth. The questionnaire may inquire into previous

names used by the applicant which have not beenchanged by court order, but not into the original namewhen it has been legally changed. The applicant maylawfully be required to list the organizations of which

he is a member, provided that their name or character

does not indicate the race, color, religion, national ori-

gin, or ancestry of the members.Various other questions concerning education, experi-

ence, character, language, color of eyes and hair, andaddress may be asked so long as they do not elicit infor-

mation on the applicant's race, religion, or nationality.

Questions concerning religion, color of skin, birthplace

of applicant or of his parents and relatives, or nationality

and descent are always illegal except when required by

security regulations or permitted by the commission.

A few specific examples will demonstrate how state


and local agencies operate to eliminate disc. iminationin hiring. A young Negro in California hat. ied to filejob applications with several service stations of a promi-nent oil company and had uniformly been turned down.He registered a complaint with the state's FEP commis-sion, and an investigation showed that the company'sstanding practice had been to accept all applicationsfrom potential employees. However, at the time not oneof the firm's 180 attendants in 36 stations was a Negro.The commissioner to whom the case was assigned thenpersuaded the company to accept the application, eval-uate it, and employ the Negro if he were qualified. Itwas found that his qualifications were above averageand he was given the job.

A more comprehensive application of the authorityand influence of the California FEPC is illustrated byan agreement signed in 1964 between the commissionand the Bank of America, the largest banking chain inthe state. The banking firm agreed to make affirmativeefforts to expand job opportunities for Negroes andmembers of other minorities; the commission makesperiodic reviews of Bank of America's employment prac-tices to ascertain the extent of progress in this direction.The firm has undertaken intensive recruitment programsin minority-group areas and maintains uniform hiringand promotional standards for all personnel. Moreover,it makes extra attempts to recruit qualified workers fromthose groups which have traditionally experienced dis-crimination and may not be aware that jobs are avail-able in the banldng industry.


A New York case some years ago involved a youngNegro girl who had been referred by the Urban Leagueto an airline company that had advertised for flighthostesses. She passed both the required physical exami-nation and inteEgence test, but was rejected for the job.She attributed her rejection to discrimination.

The company answered that she was rejected becauseof appearance, specifically a "poor complexion," "un-attractive teeth," and legs that were "not shapely." Theinvestigating commissioner inquired into the case, andwith staff members he interviewed the girl and observedher appearance. "We are manimous in our opinion thatrespondent's objections to complainant's physical ap-pearance are not factually accurate and cannot be ac-cepted as valid reasons for her rejection." In nonlegallanguage, the commissioner and his aides made anofficial finding that, among other things, her legs were"shapely."

argawousionitomaiwar'


He decided that the girl met all the qualificationsrequired for the job of airline hostess and that the reasonfor her rejection was simply her color. In confirmationof this opinion, he cited the fact that the airline hadnever hired a Negro in any flight capacity, includingthat of hostess. When conciliation efforts failed, thecommissioner ordered a public hearing. Hearings wereadjourned on condition that the airline make interimreports on its progress in effecting a nondiscriminatorypolicy.

Finally, the airline made a definite commitment tohire a Negro girl as flight hostess by May 12, 1958, andthe complainant then withdrew her complaint condi-tional on such hiring. The company hired another Negrogirl and placed her in training school, but a physicalexamination revealed a disability which would be aggra-vated by active flight duty. Subsequently, the commis-sion was informed by the airline that it had hired aNegro girl who had successfully completed the trainingcourse and is now regularly employed as a flight hostess.

Some of the cases encountered by FEP agencies in-volve unusual and delicate problems. In Minnesota, themanager of an employment agency contacted the FairEmployment Practices Commission and informed it thatan employer had requested him to recruit young ladieswith an oriental appearance to fit the motif of a newoffice. The agency wanted to place an ad reading: "Lookoriental? New office with oriental motif needs recep-tionist and PBX operator to fit in with decor." Thecommission decided that employers have a right to


create a particular kind of atmosphere in an office andthus okayed the ad, on condition that specifications ofthis tyre must not be used as a pretext for excludingpersons of different racial, religious, or nationality back-grounds.

The requ;,. ement of nondiscrimination applies equally,of course, to public agencies. The public employmentservices, for instance, are generally mandated to referjob applicants without regard for race, color, religion,or national origin. As early as 1950, the California De-partment of Employment established a minorities pro-gram on a statewide basis through creation of twoMinority Employment Advisory Committees (one in thenorthern area and one in the southern). In 1951, thisprogram was further implemented by an order from thedirector of the department, setting forth procedures forelimination of nonperformance specifications in joborders through persuasion. When an employer declinesto lift such specifications, the regulations require thathis order be cancelled and referrals refused. Explanatorymanuals are furnished to every local office. Minorityspecialicts in the area offices and in each of the localoffices have the responsibility of orienting departmentemployees and implementing the basic policy.

2. ON-THE-JOB DISCRIMP-ATION

FEP laws cover racial or religious discrimina-tion after an employee gets the job, as well as before.Promotion, discharge, availability of facilities, and simi-

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lar factors must be administered on a nondiscriminatorybasis. Again, the FEP agency must look behind the overt

or stated policies of the firm and make sure that segre-gation is not being practiced indirectly.

For example, the New Jersey Division on Civil Rightsreceived a complaint from a Negro worker in a companywhich had a policy against interdepartmental transfers.Negroes wen, then concentrated in a single department,and the company policy thus had the effect of restrictingtheir upgrading opportunity. The company often hirednew workers to fill vacancies. The division reviewed thepromotion policies of the firm and persuaded the com-pany to change its position. The Negro employees could

thereupon be advanced to the higher-level jobs if they

were qualified.In a somewhat different type of case, a Negro cus-

todian in California, who had worked for the same gov-ernment agency for seventeen years, complained to theFEPC that his supervisor had harassed him over theprevious two years by failing to provide him with ade-quate janitorial equipment, and that this reflected aprejudice against Negroes. Investigation showed thatthere was a basis for these allegations, and assuranceswere given that such treatment would not recur.

Quite frequently, the problem confronting the statefair employment practices commission, or other agenciesworking in this field, is not merely one of making jobsavailable to minority groups, but rather one of establish-

ing opportunities for them in specific skilled jobs. Agreat many firms use Negroes or other minority group


members for low-paid menial jobs, but will neither hirenor promote them to skilled classifications. The merepresence of Negroes in the work force, therefore, doesnot necessarily indicate an absence of discrimination.If the company policy confines Negroes to certain jobsand effectively excludes them from others, the commis-sion seeks the removal of such barriers.

As an example, the New York State Commission forHuman Rights (formerly the New York State Commis-

t


sion Against Discrimination) and the New Jersey Divi-sion on Civil Rights (formerly the New Jersey DivisionAgainst Discrimination) conducted a joint study of rail-road employment in those two states. Their survey ascer-tained that Negroes have found the least employmentin the operating branches of that industry, and themost extensive employment in nonoperating transpor-tation, as chefs, porters, waiters, station attendants, com-mon laborers, and similar jobs.

In June, 1957, in the category of "Transportation Ex-clusive of Operating," 29.6 percent of the 17,302 em-ployees were Negroes; in the category of "OperatingTransportation," less than 1 percent (118) of the 20,099employees were Negroes. The conclusion of the reportstates bluntly:With the information before us, we see clearly that the his-toric assignment of Negro workers to menial tasks in therailroad industry continues to be a fact; at the same time, theappearance of some Negro workers in the category of oper-ating transportation, where in the past they have not beenemployed, indicates plainly the possibility of a wider exten.tion of opportunity for the Negro workman here, as in othercategories.

3. THE IMPACT OF FAIR EMPLOYMENTPRACTICES LEGISLATION

It is difficult to measure the precise impact ofa fair employment practices law. In order to determineits effect, we must obtain information on the increase inemployment opportunities for minority groups resulting

Z:::;:e4011.00104

56 EQUAL OPPORTUNITY IN EMPLOYMENTfrom the direct or indirect influence of the legislation.A mere rise in the total of minority-group members em-ployed need not indicate a lessening of discrimination.It may only reflect a long-run expansion in populationand labor force, with no real change in the pattern ofemployment. As pointed out before, the aim of FEPlegislation is to open up new types of jobs for thosepreviously excluded, and not merely to provide furtheremployment in menial work.

Some of the most important consequences of FEPlegislation may be subtle in-effect and difficult to trace.For instance, some employers anticipate the impact ofthe law and revise theiv employment policies accord-ingly, though they may never be investigated by thecommission or be directly subject to its influence. Asin the case of the nondiscrimination clause in contracts,perhaps a major effect of the existence of enforceablelegislation is to bolster the position of employers orunions which are prepared to accept greater minoritygroup employment but fear resistance from present em-ployees and the general public. A nondiscriminatorypolicy can then be "sold" on the basis that the law re-quires it. Once the racial and religious barriers havebeen breached, prejudice often melts away as a greatermutual understanding overcomes the traditional stereo-types.

Evaluation of FEP legislation is also made more diffi-cult by the fact that the commissions intentionally dis-courage the accumulation of specific data on the racial,religious, or nationality composition of the work force.

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The questions which must be asked in order to deter-mine such composition may be precisely those Alchan FEP commission could easily consider discrimina-tory. A firm receiviirr a request to compile statistics onthe number of Negroes, Jews, or Puerto Ricans em-ployed might well respond that it deliberately avoidsmaking such a determination for fear of arousing thetype of suspicion, prejudice, or anxiety which FEP isdesigned to eliminate.

It should be added, however, that some state com-m!ssions not only permit but encourage the accumu-lation of statistics which are not inconsistent with thepurposes of the legislation. In California, in November,1963, the FEPC issued a statement "on surveys andstatistics as to racial and :.-,tImic composition of woikforce or union membership," in which it specified anumber of pogt-employment inquiries which employersand others may legally undertake concerning the make-up of the group in question. Visual surveys and talliesof ethnic composition of the work force, for example,are lawful when they are conducted confidentially anddiscreetly. Post-hire records on individuals may be keptfor research purposes if they are not made a part of theoperational personnel records of the employee.

The oldest state FEP law, and therefore the one thathas produced the greatest volume of faztual and statis-tical evidence, was enacted in New York in 1945. In astudy of this law several years ago, Morroe Berger con-cluded that "undoubtedly.... the Ives-Quinn law hasreduced the amount of discrimination in employment


and has opened new job opportunities to members ofminority groups." In a recent comprehensive study, PaulH. Norgren and Samuel E. Hill point out that the NewYork Commission has probably reached agreements forrevision of employment practices with more than 2,000separate firms over a fifteen-year period, and that, as-suming a genuine change in policies, "the result wouldbe a fairly significant improvement in aggregative em-ployment opportunities for racial and other minoritiesin the state." Using census data for 1950 and 1960 and anumber of special studies, the authors conclude that"a noteworthy improvement in the employment statusof the state's Negroes has in fact occurred." Studies oflong-existing commissions in New Jersey, Massachu-setts, and Connecticut also yielded the conclusion thatemployment discrimination has abated since passage ofthe FEP laws, "although the extent of the indicatedprogress falls considerably short of that observed inNew York."

Norgren and Hill compared the employment experi-ence of Negroes in New York State with that in threeother states (Indiana, Illinois, and Missouri) which didnot have enforceable FEP laws in the period from 1950to 1960. In very key job classification except one(female professional medical and health workers), theemployment gains for Negroes in New York exceededthose in the other states by significant margins. Therelative gains for Negro workers in FEP states otherthan New York are comparatively smaller, though stillimpressive. It is noteworthy that the New York Com-

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mission is more adequately staffed than commissions inother states.

The overwhelming majority of complaints receivedby the various FEP commissions are either dismissedfor lack of substantiation or settled by conciliation be-fore reaching a public hearing. Thus, the full legal forceof the laws is seldom exercised. Much of the work ofthe commissions emphasizes a general reduction in dis-crimination rather than the adjustment of individualcomplaints. The complaint mechanism is primarily ameans by which the commission can "educate" em-ployers and unions in a given industry and therebyachieve a long-run change in policy.

_

V. The Investigative Process:A "Model" Case

AS WE HAVE SEEN, enforcement powersgranted to the various government agencies differ con-siderably, depending on the functions of the agency andthe power given by the legislative body. An FEP com-mission may issue a cease-and-desist order against anyfirm charged with discriminatory practices which is un-willing to correct them voluntarily, while the President'sCommittee on Equal Employment Opportunity couldonly recommend the Withholding or cancellation of gov-ernment contracts under similar circumstances. The newEqual Employment Opportunity Commission cannotissue cease-and-desist orders, but can assist in civil suitsbrought by the complainants, and can bring to the atten-tion of .the Attorney General certain patterns of discrimi-nation against which he may act. All agencies, however,rely primarily upon conciliation, and resort to legalaction is rare indeed. In most cases, even if the particularcomplaint is not sustained, the investigation may un-cover other1practices of discrimination which the partywould be asked to correct.

[ 60 ]1


In this chapter we will focus on the investigative pro-cedure used by a government antidiscrimination agencyto determine if racial or religious discrimination is prac-ticed by a specific firm. We will examine a hypotheticalcase under investigation, where the procedures repre-sent a composite of those adopted by state FEP com-missions (notably New York's and California's), by therecently abolished President's Committee on EqualEmployment Opportunity, and, presumably, by the newEqual Employment Opportunity Commission. Obvi-ously, techniques and policies vary to some degree fromone agency to another; Lhe purpose of our model caseis merely to spotlight some of the major considerationsof either an employer or a complainant in dealing withproblems of discrimination.

It must be emphasized that this is a model case inwhich the agency investigators closely observe the rec-ommended or required procedures. Unfortunately, lim-ited resources of money, time, and personnel often makeit impossible to follow these procedures thoroughly andrigorously in reality.

Let us take, as our fictional example, the case of theScheherazade Ink Company of South Pasadena, whichhas a substantial contract to supply red ink to the Treas-ury Department. In newspaper ads, Scheherazade hasannounced openings for qualified ink mixers, and aNegro worker with seven years' experience in the tradehas applied. During an employment interview with theplant personnel officer, the applicant is informed thathe will not be hired for the job because the unique


processes used by this firm require a special type of skillwhich his past work experience does not reflect. Whenpressed for further clarification, the interviewer re-sponds that others more qualified are available for thejob and that the applicant simply fails to meet the re-quired standards.

Since California has an FEP law, and since the firmis a government contractor in interstate commerce withmore than one hundred employees in July, 1965, thecase is technically within the jurisdiction of threeagencies: FEPC, President's Committee on Equal Op-portunity, and Equal Employment Opportunity Com-mission. If the job applicant feels that he has beenrejected because of his race, he may file a complainteither with the state FEPC or with the President's Com-mittee or perhaps with both. By law, the firm must postnotices concerning its hiring practices on bulletin boardsand in other conspicuous places, informing applicantsand employees of their rights, and giving the address ofthe office to which a complaint may be directed.

The rejected applicant may file a complaint first withthe California FEPC office, which in this particular caseis located in Los Angeles. The state agency has at least120 days during 1965 (60 days effective July 2, 1966) inwhich to process the complaint before any action canbe taken by the federal government's Equal Employ-ment Opportunity Commission. If the state FEPC findsno basis for the complaint, or fails to adjust his grievancesatisfactorily within the stipulated period, the complain-ant may then redirect his case to the federal agency. In

1iEQUAL OPPORTUNITY IN EMPLOYMENT 63

addition, existing legislation does not prevent him fromfiling a grievance simultaneously with the contract com-pliance office of the government agency involved (in ourhypothetical case, the Treasury Department). The in-vestigative agencies will undoubtedly arrange to coordi-nate and combine their efforts.

The complainant may register his complaint simplyby sending a letter to the nearest FEPC office, or he mayvisit that office in person. In his letter, he includes hisname and address, the name and address of the ern-

i

outlines e nature of the job and of his background,ployer, and a brief description of the job interview. He

thexplaining that his qualifications appeared more thanadequate. He alleges that the interviewer was cool and

i) abrupt toward him, and that his questions concerningthe precise nature of this "unique" job went unanswered.Finally, he states that he is a Negro and believes that,although qualified, he was not hired because of his race.He may find it easier, of course, to get in touch directlywith a field representative of the FEPC, who will assisthim in preparing the complaint in proper form.

Upon completion and submission of the written com-plaint, the chairman of the commission will assign oneof the commissioners to direct the investigation andremain in charge of the case until its conclusion. Theactual investigation, however, is conducted by a fieldrepresentative on the commission's staff. Assuming thathe has already interviewed the complainant, he will nowproceed to investigate the complaint thoroughly to de-termine if it is valid. If he has not previously done so,

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the investigator will want to gather background dataconcerning local minority groups, including number andlocation, manpower skills, schools, recruitment source%and distances and transportation factors from minoritypopulation centers to the community in which the plantis located. Armed with such data, the investigator canpoint to potential sources of recruitment of qualifiedminority workers and ascertain if the employer has madea genuine effort to recruit on a nondiscriminatory basis.Of course, he will immediately determine if previouscomplaints about discrimination at Scheherazade havebeen filed and whether the company has been surveyedbefore.

After his interview with the complainant concerningthe details of his experience and training and his de-scription of the job interview, the investigator will nextdiscuss the complaint with the employer, in this casethe personnel manager of Scheherazade. The complain-ant may request that his identity not be divulged to thefirm, in which case the investigator must phrase his in-quiries so as to protect the applicant's anonymity. Inthis instance, we assume that the complainant has au-thorized the investigator to reveal his identity. Thus,the investigator will ask specific questions concerningthe rejected Negro applicant. How do the latter's educa-tional and work qualifications compare with those of theemployees hired for available jobs? In what way, if any,does the Negro worker fail to meet the requirements ofthe job?

The investigator observes whether the required


posters are prominently displayed in several placesthroughout the facilities of the plant. He will check tomake sure that the firm has identified itself as an "equalopportunity employer" in newspaper advertisementsand other recruiting media. He then reviews the firm'semployment application forms to determine if they con-tain questions relative to race, religion, or nationalorigin. Sitting down with the personnel manager, heexplains the nature of the complaint and inquires intothe employment policies of Seheherazade.

His questions are designed to throw light upon pos-sible discriminatory practices. Have Negroes ever beenemployed, or are they currently employed, at the com-pany? If Negroes are employed, are they concentratedentirely in unskilled jobs? Where does Scheherazadeusually recruit its workers? If it uses an employmentagency, has the agency been informed in writing of anondiscriminatory hiring policy? Does the firm file joborders with the Urban League and other sources ofminority-worker referrals? Does it interview graduatesof educational institutions which enroll Negroes andother members of minority groups? Are members ofsuch groups ever referred to it for possible employment?

The investigator will want to know whether the com-pany has a union contract and, if so, whether the unionadmits applicants without discrimination. He will in-quire into all pre-employment requirements, to ascertainif photographs must be submitted or if other indirectmethods of discrimination are used. Nor does his inquiryend with hiring practices. He is equally concerned about


promotions, layoffs, transfers, and similar personnel fac-tors, and particularly looks for positive statements inhandbooks, notices, or brochures regarding nondiscrimi-nation in employment.

In our fictional case, the personnel manager explainsthat management has no objection whatsoever to thehiring of qualified Negro applicants for skilled jobs. Itbecomes obvious from the conversation, however, thatthe company fears an adverse reaction among its presentemployees and local residents who are predominantlyAnglo-Saxon.

Following the interview, the investigator checks thevarious statements made by the personnel manageragainst the records available to him, and makes an in-spection tour of the plant to observe the composition ofthe work force. He then prepares a detailed report inwhich he presents the relevant observations and find-ings. His report is submitted to the commissioner incharge of the case, who then decides, in consultationwith the investigator, whether or not the complaint hasvalidity.

In this case we assume that the report substantiatesthe complaint of discrimination on the basis of color.The commissioner will so inform the employer and thecomplainant, and will now proceed to confer with re-sponsible persons in the firm to secure an adjustment ofits policies through conciliation and persuasion. In thiseffort, he will be concerned with the total pattern ofemployment, recruitment, and promotion within thefirm, not merely with the specific complaint. He will

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attempt to persuade the employer not only to considerthe complainant for employment on the latter's merits,but also to revise his general policy to prevent a possiblerecurrence of such discrimination.

In our example, an agreement is reached between thecompany and the commission whereby all racial or re-ligious restrictions will be abolished and all future hir-ing will be on the basis of merit only. The commissionersubmits this agreement to the full commission for ap-proval as a satisfactory adjustment of the case, and, uponaction by the commission, the interested parlies arenotified. The Negro applicant is informed that he mayreapply for a position with the firm and will receiveconsideration based on his qualifications alone. Thecommission will conduct further surveys of the firm'spolicies to determine if its agreement is being imple-mented in practice.

As pointed out earlier, the exact policies of the variousstate and local commissions vary to some extent. In someinstances the investigation can be initiated by the com-mission itself, while in others an individual complaint isfirst required. Sometimes investigation and adjustmentare limited to a specific complaint, but generally thebroader policies of the firm are also considered. In thestates of New York, Massachusetts, or Rhode Island, ifa conciliation agreement is reached between the com-missioner assigned and a given firm, this closes the case;in all other states action by the full commission is neces-sary. If conciliation attempts are unsuccessful and apublic hearing must be called, the case may be heard


either by the full commission or by a panel of commis-

sioners, depending on the provisions of the law. The

investigation and conciliation processes are conducted

in confidence, with no disclosure of information to the

general public.It should be emphasized again that the complaint

process is merely a partand, sometimes, a proportion-

ately minor partof an FEPC's program. Many com-missions use their general investigative and educational

powers affirmatively to secure the broadest possiblecompliance with the provisions of antidiscriminationlegislation. The wider the awareness of the commission's

presence and the responsibilities of management under

the law, the greater is the likelihood of compliance with-

out the necessity for legal sanctions.

VI. Private CampaignsAgainst Discrimination

BY NO MEANS has all the impetus for meritemployment come from governmental action. Indeed,startling advances in recent years have emerged fromprivate efforts to reduce or remove discrimination in em-ployment. Business, labor unions, and various other pri-vate organizations have sometimes initiated programsdesigned to achieve this end through voluntary means.

Behind these efforts is the fact that in many northernand western regions of the country, the nonwhite popu-lation is increasing rapidly. In recent decades, Negroesin large numbers have moved out of the rural areas andsmall towns of the South and into the cities, especiallyinto the large metropolitan regions of the North andWest. For example, during the 1950's, a net of almost1.5 million Negroes left the South to locate, in over-whelming majority, in confining ghettos somewhere inthe hearts of central cities, with whites completely dom-inating the suburbs. In the same decade, the Negropopulation in the county of Los Angeles doubled, num-bering about 461,000 in 1960. While no exact figures

[ 69


are available, the total Negro population had probably

risen to 560,000 by mid-1965. The Negro proportion in

the city of Los Angeles now ranges somewhere between

15 and 20 percent of the total population. Almost 90 per-

cent of all Negroes in Los Angeles County live within

the boundaries of a huge central ghetto.The proportion of the Negro population in the cities

of Chicago and Philadelphia is probably upwards of

one-quarter. For the city of New York, the percentage

is close to the Los Angeles City figure, and Washington,

D.C., has a Negro majority (about 60 percent).By 1970, according to an estimate of the Los Angeles

County Commission on Human Relations, the popula-

tion of visible minority groups (including Negroes,

Mexcan Americans, and Orientals) in the city of Los

Angeles may be in excess of 50 percent, if existing trends

continue. About one-third of Chicago's population will

be nonwhite by that year, and Negroes and Puerto

Ricans will constitute about 45 percent of New York

City's population.From a business viewpoint, a major advantage of

merit employment lies in the expansion of the pool of

qualified workers. The hiring of trained employees, re-

gardless of race or religion, is therefore as much in the

interest of management as it is in the interest of mi-

nority-group members. Many employers and employer

groups have declared that the hiring of workers from

these groups makes good business sense. Moreover, they

feel that business must make increasing use of minority-

group members in order to meet its need for skilled and


semiskilled workers. With an accelerated growth in

gross annual product, scarcity of skilled labor may well

become an acute problem.

1. TYPICAL MANAGEMENT EXPERIENCE

WITH MERIT EMPLOYMENT

A number of extensive surveys have been con-

ducted in recent years,ach designed to evaluate the ex-

perience of employers with the employment and promo-

tion of Negroes and other minority-group members in

the work force. Among them are studies undertaken by

Professor Paul H. Norgren and his associates at Prince-

ton University, the Illinois Commission on Human Re-

lations, the Bureau of National Affairs (DNA), Business

Week Magazine, and the author of this book. All sur-

veys have reached substantially the same conclusion:

implementation of a merit-employment policy is almost

invariably successful and without major difficulties or

problems.Of course, it is extremely difficult to eliminate every

trace of discrimination in a given industry ormajor firm.

Some discriminatory practices may never come to the

attention of top management or department supervisors.

In addition, it is not always possible to distinguish rea-

listically between a genuine nondiscriminatory policy

and mere "tokenism." Despite these qualifications, cer-

tain industries have moved significantly in the direction

of equal employment opportunities.A number of prominent American corporationsRa-


dio Corporation of America (RCA), International Har-v:ster, Pitney-Bowes, and many of the leading automo-bile, aircraft and aerospace, and steel manufacturershave successfully pursued nondiscriminatory policiesfor many years. Describing the results of merit employ-ment to a U. S. Senate committee, President Frank M.Folsom of RCA stated in February, 1954, that "we haveseen doubts and reservations vanish in the willingnessof people of all classifications ,3?) work together produc-tively in harmony and friendship, regardless of differ-ences in color or religion."

The aircraft and aerospace industry now employsthousands of minority-group members, some of whomoccupy technical, professional, and supervisory posi-tions. This has been accomplished without friction andwith economic benefit to the companies concerned.

Some of the large public utilities in Southern Cali-fornia have had long experience with merit employ-ment. Even in those instances where Negroes have beenemployed as servicemen to adjust and service equip-ment in the homes of customers, both white and Negro,no complaints of any significance have been registeredon the basis of racial prejudice. Negroes and other mi-nority-group members have been assigned to a varietyof positions, including some which require contact withthe general public, with no harmful or unpleasant re-sults. In some instances, the major obstacle encounteredhas simply been the scarcity of qualified job applicantsfrom minority groups.

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In large firms, the successful adoption of merit-em-ployment practices often depends on the attitude of

top management and the industrial relations staff.

Where a key executive interests himself in the problemand a:.iively undertakes to encourage a nondiscrimina-

tory policy, concrete results are likely to follow. The

experience of one public ,utility has been that a deter-

mined effort along these Ines by management can over-

come the fears and hostility sometimes expressed by

group supervisors.An early survey, conducted in 1955 and 1956 by the

Illinois Commission on Human Relations, found thatmerit-employment policies had been implemented suc-cessfully in every firm which had adopted them. The

great majority of employers listed economic factors as

the initial reasons for adoption of merit employment,though about one quarter stressed moral motives. Mostof them had started the policy without outside assist-

ance, recruiting minority-group employees from the fol-

lowing sources (ranked in order of frequency): walk-ins

and employee contacts, Illinois State Employment Serv-

ice, private employment agencies, newspaper ads, social

agencies, schools, and unions.In a mid-1965 survey, the editors of the Bureau of

National Affairs queried personnel and industrial rela-tions executives on the experience of their respecifve

companies in integrating the work force. Only eight

percent of the respondents indicated that there wereproblems. Most of the employers indicating difficulties


did not regard them as significant, the most serious prob-lem appearing to be the formation of ethnic cliques inthe office or plant.

An extensive Business Week survey in 1965 reacheda similar conclusion. Integration had proceeded peace-fully and without incident in the overwhelming ma-jority of cases, though the rreport noted that manage-ment usually had planned the move carefully. Therespondents emphasized that the initial managementdirective must be firm and clear, and no exceptionsmust be allowed. Occasional indecision or even failureto implement the policy may occur at lower supervisoryor departmental levels, when those concerned are un-certain whether the expressed statements of top man-agement are genuinely meant or are merely intendedas public relations gestures.

2. UNIONS AND MERIT EMPLOYMENT

Many unions in the United States have con-ducted a long-term campaign for merit employment.The official position of the AFL-CIO is clear and un-equivocal: all forms of racial and religious discrimina-tion in employment are iniquitous and member unionsare pledged to eliminate them wherever possibLI. Toimplement this policy, the AFL-CIO has a Civil RightsDepartment to develop and carry out a program for thestrengthening of civil rights generally, and to eradicateany traces of discrimination within the union movementspecifically.

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A pioneer in the fight against racial discriminationwas the United Mine Workers Union, which even insouthern regions has admitted Negroes to full member-ship and participation in union affairs. Unions such asthe United Automobile and Aerospace Workers, theInternational Union of Electrical Workers, the UnitedSteelworkers of America, the United PackinghouseWorkers of America, the Amalgamated Clothing Work-ers, the International Ladies' Garment Workers Union,the Oil, Chemical, and Atomic Workers InternationalUnion, and many others have initiated programs or com-mittees to eliminate discrimination in union ranks orwithin their respective industries.

A number of unions have negotiated specific anti-discrimination clauses in their contracts. For example,

i

introduced such a clause into its agreement with groceryLocal 770 of the Retail Clerks Union, Los Angeles, has

store employers in that area, providing in part:

1

Selection of applicants for referral to jobs shall be on a non-discriminatory basis and shall not be based on, or in anyway affected by, Union membership, by-laws, rules, regu-lations, constitutional provisions, or any other aspect orobligation of union membership, policies or requirements,race, color, creed, national origin, age or sex.

duction industries of the North and West, unions haveIn a number of industries, particularly the mass-pro-

1§

worked closely with management in combating dis-crimination. Several have special antidiscriminationcommittees: the United Automobile and Aerospace

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Workers' Fair Practices and Anti-Discrimination De-partment, the United Steelworkers' Committee on CivilRights, and the United Rubber Workers' Fair Prac-tices Committee. Many of these committees have coun-terparts within the union locals which help Negroesand other minority workers in filing grievances eitherwith management, federal government agencies, or thevarious FEP commissions.

But discrimination does remain a problem in someunions. Only the personal intervention of PresidentGeorge Meany of the AFL-CIO persuaded Local 26 ofthe International Brotherhood of Electrical Workers inWashington, D.C., to accept a token integration of itsmembership in 1960. Many of the craft unions in thebuilding construction industry have resisted the inclu-sion of Negroes into union ranks and into the appren-ticeship programs established throughout the industry.Within several international unions, some locals are dis-criminatory and others are not.

For many decades, some of the railroad unions hadclauses in their constitutions stating that only "whites"were eligible for membership. Those affiliated with theAFL-CIO, however, have been directed to eliminatesuch clauses. While most of the u -ns have now revisedtheir constitutions, in many cast-s it is not at all clearthat this reflects a corresponding change in policy.

In the southern states the policies of unions vary con-siderably. Several maintain a consistent opposition tosegregation or any other form of discrimination, evenwhere community sentiment is strongly to the contrary.


This is particularly true in those instances where a givencorporation has plants in various parts of the countryand generally has contracts with the same internationalunion. In many cases, however, unions have felt it nec-essary to modify or abandon their antidiscriminationposition in order to retain membership in the South.

Only occasionally, of course, is racial or religious dis-crimination spelled out in a union's constitution. Usu-ally the process is camouflaged so that the rejected ap-plicant for membership is not informed of the realreason for his rejection. He is merely blackballed undera constitutional requirement that a new applicant mustbe acceptable to present members of the local, orthrough other equally informal means. While the Taft-Hartley Act provides that an applicant who tenders hisinitiation fee and dues may not be denied an availablejob under a union-shop agreement, even though he isdisqualified from membership on racial or religiousgrounds, his inability to join the union will deprive himof certain rights and benefits enjoyed by other workers.In some instances, even today, a Negro is given unionmembership but placed in a segregated local.

The experience within unionized plants in areaswhere strong racial feeling exists has shown that dis-crimination can be effectively overcome only if boththe union and the employer take a firm and unyieldingstand against it. Wealmess and vacillation on the partof either invariably give prejudiced troublemakers anopportunity to undermine morale in the place of em-ployment.

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3. COMMUNITY ATTACKS ONDISCRIMINATION

The war against discrimination in employ-ment is waged on many fronts. Sometimes the pressurefor merit employment comes from economic forcesspontaneously generated by labor scarcity, populationshifts, or similar factors; on other occasions, politicalor social forces often represented by government andorganized labor serve as catalysts. However, much ofthe credit for progress in this area must also go to pri-vate organizations and groups which work continuouslywith labor and management for the achievement ofgreater employment opportunities for minorities.

The National Urban League has long experience inthe field of minority-group employment. Founded in1910, this interracial agency concentrates on assuringgreater equality of economic opportunity for Negroesand members of all groups which suffer from discrim-ination. Working in industrial relations, vocational guid-ance and training, housing, health and welfare, andrelated areas, the Urban League serves in part as anintermediary between businesses needing qualified em-ployees and minority-group members seeking jobs.Community affiliates of the Urban League are organ-ized in areas with large minority-group concentrations.

Practical and systematic in its approach, the UrbanLeague deals with the problem of discrimination in avariety of ways. In the employment area it has two fun-damental goals: to persuade businesses and unions to


drop discriminatory practices, and to increase the sup-ply of trained workers among Negroes. As job oppor-tunities expand for Negroes and other minorities, thesecond goal assumes increasing importance.

The League and its affiliates provide a continuingservice to industry through informational, consultative,and recruitment programs, by which employers are as-sisted in finding qualified Negro workers. Though theydo not operate employment agencies as such, the localLeagues often receive and Ell specific requests from em-ployers for Negro applicants having particular skills orexperience. They also work in close cooperation withthe U. S. Employment Service, state employment agen-cies, unions, business organizations, and others in de-veloping new opportunities for Negroes.

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A League undertaking of special significance at thepresent time is the so-called "Skills Bank" project, underwhich an effort is made to register as many Negroes aspossible who have skills needed by industry. One ofthe purposes of the "Skills Bank" is to identify Negroeswho possess qualifications which are not effectivelyutilized in their existing jobs. Employers implementinga merit employment policy often find it desirable to listtheir job openings with the local Urban League office

and/or the "Skills Bank" of the nearest National UrbanLeague office, which then may be able to refer Negroworkers to them after a preliminary screening. Gov-

ernment agencies which evaluate employer policies inthis area will sometimes inquire into the use of UrbanLeague facilities and other sources of recruitment ofminority-group workers.

An important part of the Urban League's program is

vocational guidance. The League asserts that manyskilled Negro scientists, technicians, engineers, and pro-fessional workers could be placed in jobs immediatelyif they were available for employment. The long-timeexistence of discrimination has obviously persuadedmany parents and vocational advisers that it is a wasteof time and effort for Negroes to prepare themselvesfor the highly skilled jobs in American industry.

In many communities, the Urban League will coop-erate closely with employers in preparing the way forthe "pioneer" Negro employees. Some firms consider ithighly important that the first minority workers beselected carefully, as their impression upon fellow em-

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ployees will largely determine the ease or difficulty of

the transition to merit employment. It should immedi-ately be stressed, however, that employers should notinsist upon exceptional qualifications for their Negroapplicants or employees. The ultimate test of sincerityin a merit employment policy is the hiring of minority-group applicants without discrimination at all levelsof skill and job content, not merely of those who havespecial or unusual qualifications.

In addition to the Urban League, a great many or-ganizations concern themselves with problems of em-ployment discrimination. The techniques and programsvary widely, from educational conferences to picketingand boycotts. The National Confererce of Christiansand Jews concentrates on an educational program whichenlists the participation of businessmen, union leaders,personnel directors, and university representatives indiscussing the problem of prejudice and promotingmerit employment. The National Association for theAdvancement of Colored People emphasizes legal, legis-lative, educational, and, sometimes, direct-action meas-ures designed to eliminate discrimination in all areas.The Congress of Racial Equality (CORE) and the Stu-dent Non-Violent Coordinating Committee (SNCC)conduct extensive and vigorous campaigns against dis-criminatory practices, as does the American FriendsService Committee (Quaker). The Young Men's andYoung Women's Christian Associations, the NationalCouncil of Churches, the National Catholic WelfareConference and the Catholic Youth Organization, and


many Jewish agenciesthe Anti-Defamation Leagueof B'nai B'rith, the American Jewish Congress, theMnerican Jewish Committee, the Jewish Labor Com-mittee, and local community relations committeesconcern themselves with various aspects of the generalproblem of discrimination. The Japanese American Citi-zens League carries on many programs in the interestof Americans of Japanese descent. There are literallyhundreds of local organizations which are active in thisfield in varying degrees, attacking racial and religiousdiscrimination either on a broad front or in specializedareas.

A significant trend in recent years has been the for-mation of many organizations in the Mexican Americancommunities of the Southwest, some of which focus onproblems of employment and related matters. In theLos Angeles area, the Equal Opportunities Foundationcooperates with major employers, government agencies,and universities in an effort to expand employment, edu-cational, and training opportunities for Mexican Ameri-

cans. The functions of this organization, in principle,are similar to those performed by the Urban League inthe Negro community. Among other Mexican Americanorganizations, the Community Service Organization(CSO), the GI Forum, the League of United LatinAmerican Citizens (LULAC), and the Council of Mexi-can-American Affairs in Los Angeles are concerned witheconomic, political, and educational problems. In areaswith significant Mexican American concentrations, em-ployers should make contact with one or more of these

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organizations to determine if additional measures areneeded to expand merit employment of Mexican Ameri-

cans. Few now realize that in states such as California

and Texas, the Mcxican Americans represent a much

larger group than the Negroes.

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VII. Merit Employment:Techniques, Problems,and Results

mERIT EMPLOYMENT is no longer a hypo-thetical issue in much of American industry. Years ofpractical experience under this policy have producedan abundance of factual information on its operation,problems, and results. This evidence is available for ourexamination.

The lessening of discrimination in employment hashad an impact on several segments of American society.The minorities themselves have been profoundly af-fected by the changes that have been made. Many em-ployers have been influenced to revise their views andtheir policies as a result of their observation of, or ex-perience with, minority-group employments In the proc-ess, a great many long-cherished stereotypes about suchminorities have been shattered.

The outstanding fact about merit employment is thatit works. The crises and difficulties so often anticipatedseldom materialize. With foresight and planning, and

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sometimes with no special preparation at all, the transi-tion to nondiscriminatory employment is almost alwayssmooth and uneventful.

I. MINORITIES IN THE WORK FORCE

The growth of merit employment in certainareas and occupations has outdistanced the preparationand training of some minority-group members for avail-able jobs. Long barred by either overt or subtle discrim-ination from most technical, skilled, and white-collarjobs, they may sometimes fail to reorient their voca-tional plans and goals to take advantage of existing op-portunities. Perhaps one major difficulty is that manythousands are totally unaware of the availability of non-traditional jobs.

It is ironical that some of the available jobs are nearthe top of the occupational hierarchy in industry,whether in terms of skill, prestige, or income. With laborshortages in many fields of engineering, science, andresearch, members of minority groups could securesuch high-level jobs if they had the necessary training.However, many present or potential workers still think,or are counseled, only in terms of menial work.

In March, 1964, the median schooling of white work-ers eighteen years old and over was 12.2 years, whilethe corresponding median for nonwhites was 10.1 years.Thus, the education of nonwhites continues to lag be-hind that of the whites, though gains have been madein recent years. Therefore, the educational apportuni-

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ties of nonwhites must be improved if members of mi-nority groups are to be adequately trained for more andhigher-skilled jobs.

From the viewpoint of a minority-group worker seek-ing employment, the unskilled jobs and certain profes-sional and technical occupations now offer the fewestobstacles. On the one hand, Negroes and other minori-ties have long been employed in unskilled jobs, andresistance to them is relatively slight; indeed, some ofthese low-level jobs seem to be earmarked for the mi-norities. On the other hand, the application of merit-employment principles to some of the high-level jobs iscomparatively easy, because there is a shortage of quali-fied applicants and the objectivity of the job standards(technical proficiency, academic degrees, and successfulcompletion of examinations) is such that racial or re-ligious prejudice and similar purely subjective factorsare less likely to influence the selection of the employee.Also, the professiona; or technical worker often func-tions more or less independently, so that social or publicrelations contacts are somewhat minimized.

However, there are many difficulties, particularly forNegroes, in certain categories of white-collar employ-ment. Clerical, office, ard sales jobs often involve re-lationships with customers and the general public. Itis here that factors of temperament, personality, andstatus can become of great importance. Because of thepast identification of Negroes with low-status jobs,white workers may feel that their "prestige" is threat-ened when Negroes begin to occupy the same jobs as


whites. An employer may use the excuse that a Negroemployee would not "fit in." Stereotypes may affect theattitudes of present personnel toward Negroes, Orien-tals, Mexican Americans, Puerto Ricans, Jews, Catholics,and others. When sales jobs are concerned, employersmay fear adverse reacfions from customers if salesmenfrom minority groups are hired, and are thus unwillingto take the risk of losing accounts.

Actual experience, however, seldom suppo-ts thesefears. There are many instances where Negroes, Ori-entals, and others have been employed as secretaries,clerks, and even as sales personnel without difficulty.For example, in one major west-coast department storechain, a Negro was promoted to a responsible positionin charge of the claims office, which processes claimsagainst suppliers and manufacturers for incorrect billingand similar items. This job required the occupant tocome into contact with both outside firms and buyerswithin the company, and demanded exceptional tactand diplomacy. The promotion was adjudged to be en-tirely successful.

While many of the direct or indirect barriers formerlymaintained by professional schools and associationsagainst admission of minority-group mombers have beenremoved in recent years, some discrimination persists.Some have excellent formal statements of policy butfail to implement them adequately. Even where schoolsnow admit minority-group members into training with-out discrimination, they sometimes observe establisheddiscriminatory patterns in the placement of such stu-

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dents upon completion of their courses. Thus, a schoolplacement office may refuse to refer Negro graduatesto firms or institutions where, in its opinion, Negroesare not wanted.

hi many firms executive, administrative, and tech-nical jobs remain closed to minority-group members.Although minorities are sometimes employed exten-sively in production and even in lower-level white-collarpositions, they are denied the chance to rise higher inthe job scale. For example, recent studies have shownthat Jews are underrepresented in the executive ranksof many corporations. Discrimination, sometimes subtleand almost undetectable, may exist at any level of theoccupational hierarchy.

There also remains strong resistance to the employ-ment of Negroes in many of the skilled trades, which isreflected in the discriminatory policies of certain craftunions. The reasons are partly economic (the desire topreserve a "tight" labor market of white workers) andpartly sociological (the "prestige" factor). Resistance hasbeen encountered in the building construction, printing,entertainment, and metal crafts, among others.

Nevertheless, in view of the expanding job market forminorities, one generalization seems justified: minority-group workers with specialized skills and training havea better opportunity to secure attractive jobs today thanat any previous lime. The problem here is to break downthe obstacles created by inertia, ignorance, and tradi-tion. Where a particular pattern of employment has longbeen pursued, minorities inevitably restrict their job

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search to those industries and occupations where theyhave achieved the greatest success in the past.

This problem can best be attacked at the secondary-school level. The counseling and training of minorityyouths at that stage will determine whether they merely

pursue the familiar employment paths or prepare for

new, nontraditional careers. Agencies ofboth the federal

and state governments, private organizations such as the

Urban League, and the schools share responsibility forreorienting young people at the junior high school, highschool, and college levels. For Negro youngsters, in par-

ticular, it may be important to begin the process ofreorientation as early as the elementary grades.

Here community agencies play an important role. Forexample, by informing parents of future job opportuni-ties for their children, they can at least induce them not

to discourage youngsters from entering nontraditionalcareers. Too often, the parents are unaware of thechanges in the job market that have occurred since theythemselves searched for work.

School counselors and teachers perform a crucial func-

tion. Unless they keep well informed on current job

trends, there is a danger that they will automaticallyguide minority students into the traditional unskilledoccupations. In every major community where minority-

group concentrations are found, community agencieswill supply material to, and cooperate with, vocationalcounselors in maldng them aware of available jobs. The

Equal Employment Opportunity Commission on thefederal level, and the various fair employment practice


agencies and the public employment service on the statelevel, also work with counselors in providing informa-tion and motivating young people to acquire skills.

School placement offices should refer their studentson a nondiscriminatory basis. This policy can pay divi-dends in unexpected ways. A trade and technical schoolin the Los Angeles area, which observes a policy of non-discrimination in its referrals, once received a requestfor a qualified printer from a firm that had previouslyrefused to hire Negroes. Despite the firm's past discrimi-nation, the school referred an outstanding Negro stu-dent whose qualifications were such that the employerdefied precedent and gave him a job. His work provedso excellent that the school received another requestfrom the firm: "Send us more Negroes." The school con-tinued its policy of referring the best qualified studentsregardless of race.

Discrimination and prejudice, in addition to the over-whelming economic implications, generate many socialand psychological problems and situations for minority-group workers. Forced by segregation into substandardhousing, and often denied adequate educational oppor-tunities (especially in the rural South), members of suchgroups may lack the opportunity to learn the social skillsconsidered necessary in making a favorable impressionon prospective employers. Appearance, as one example,can be of decisive importance, especially in an office orsales situation. In addition, some encounter languageproblems, notably many Mexican Americans and PuertoRicans.

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In view of these difficulties, some high schools nowtrain their students in proper behavior and dress at ajob interview. Through role-playing and other devices,students have a chance to learn what sort of deportmentemployers expect of them. These are not, in any sense,educational "frills." In a competitive society, the per-sonal and social skills of an applicant frequently deter-mine whether or not he gets a job or a promotion.

No procedure or educational program is quite as effec-tive in overcoming stereotypes as the actual hiring of aminority-group member. A special responsibility, there-fore, confronts the first such employee hired in a par-


ticular job or firm. The "pioneer" will be judged not onlyin terms of his work abilities, but also in terms of purelypersonal characteristics which others may identify withhis race, religion, or national origin. He becomes a ldndof symbol by which all members of his group will beevaluated. As prejudices and concepts of stereotypesdisappear, new hires will be treated more as individualsand less as symbols. Just as Jackie Robinson ceased tobecome a symbol when he was allowed to argue withumpires, hecklers, and other players, in accordance withthe traditional prerogatives of any baseball player, so,ideally, will the minority-group worker become acceptedas a regular member of the work force.

The transition period can sometimes be difficult inmany unexpected ways, from the viewpoint of the em-ployer as well as from that of the worker himself. Infor-mal office or factory banter may give rise to occasionalproblems. Words creep into the everyday language ofmany workers which are offensive, intentionally or un-intentionally, to minorities (and often to other employeesnot members of the specific minority group). One promi-nent California firm experienced several instances wherea Negro flared up because someone inadvertently re-ferred to him as "boy," a term that for him seemed toreflect southern attitudes. The process of integratingNegroes and whites for the first time involves mutualunderstanding; each group must make allowances forthe other. Intelligent supervision and a firm policy bymanagement can almost always prevent serious inci-dents from occurring.

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American humor is sometimes based on racial or reli-gious stereotypes, for instance the dialect joke. Whilesuch humor may not be maliciously intended, its effectcan be harmful to good relations among the various

groups. Some workers are misled by the fact thatminority-group members occasionally tell such jokesthemselves. The line between good and poor taste inthis area is an indistinct one, at best. A "Catholic" joketold by a Catholic, for example, may have a totally dif-ferent impact from a similar joke told by a non-Catholic,which might be interpreted by the hearer as expressing

an anti-Catholic bias even though the speaker might nothave intended it. A good rule to follow consistently isto avoid references to race, religion, or national originwhich could in any way be misinterpreted.

In summary, the relationship among different groupswithin the work force calls for a strong dose of commonsense. Workers should be aware that certain words andphrases are loaded" so far as members of a specific race

or religion are concerned. Members of minority groups,on the other hand, should be equally aware that many ofthese terms are not deliberately intended to be insulting.

2. MANAGEMENT'S ROLE IN AMERIT-EMPLOYMENT PROGRAM

In an earlier chapter, we reviewed manage-ment's generally successful experience with merit em-ployment. The examples given there are not unusual,but occasionally difficulfies may arise in the implemen-


tation of merit employment. As long as managementtreats all workers equally, neither punishing minorityemployees with undue severity nor leaning over back-ward to overlook errors, no serious ptoblem is likely todevelop. The most common experience has been thatthe anticipated crises never occur at all, and that with alittle intelligent planning the integration of differentgroups into the work force proceeds smoothly. We willnow examine the techniques and problems involved ineffecting this integration, frommanagement's viewpoint.

a. Firding the minority-group workerAs has been mentioned before, an employer will some-

times complain that it is difficult to find qualified minor-ity-group applicants, or that Negroes and others neverapply at his firm. The obvious answer is that, unless theemployer makes it clear that he does not discriminate,members of minority groups may simply assume that nojobs are available to them, or they may never be directedto the firm. Oftenthnes, then, the employer must go be-yond a mere declaration of nondiscrimination and takepositive steps to encourage applications from thoseagainst whom discrimination is commonly practiced.

It is important that the employer inform all recruitingsources that a merit-employment policy is in effect, andthat applicants are to be referred without regard to race,color, religion, or national origin. Unfortunately, suchsources in many communities have been used, directlyand indirectly, to exclude members of minority groups.Each firm should, therefore, provide affirmative evi-


deuce, preferably in writing, of its nondiscriminatoryemployment practices. The employer may also wish tocontact various community or government agencies thatspecialize in this field, and secure their help in selectingqualified applicants for the jobs.

If the firm has a union contract, the union can be ofhelp in finding applicants for openings. Problems some-times arise when the union has a selective or restrictedadmission policy, either based directly on racial consid-erations or simply on maintaining a tight labor supply.In certain occupations, union restrictions on entranceeffectively prevent minority-group members from secur-ing a foothold. There are some cases where employerand union deliberately use one another as scapegoats toshift responsibility for discriminatory policies.

In selecting the first minority-group workers, someemployers have found it advisable to establish certainqualifications in addition to the regular work skills. Par-ticularly in a white-collar job, the personality and tem-perament of the "pioneer" employee will be important.Mainly it is desirable that the newly hired worker havea pleasant and friendly personality and emotional stabil-ity. Much depends, of course, on the nature of the job; atechnical job primarily requires professional skill andtraining, whereas the less skilled occupations involve agreater emphasis on personality factors. As pointed outbefore, however, this policy contains certain dangers. Itis unreasonable, and illegal under existing legislation,for employers to require unusual and sometimes "super-human" qualifications of their minority-group employees.


It is common in many firms for present employees torefer their friends or relatives to job openings. If no, orfew, Negroes are currently employed, this process mayexclude Negroes from equal consideration for job oppor-tunities as they develop. The employer, therefore, mustmake certain that recruitment 's broadened sufficientlyto overcome this barrier.

b. Implementing a merit-employment policy

There is no set formula for introducing minority-groupmembers into the work force. Some employers bringthem in at low levels, others at high levels. One surveyhas indicated that many employers find it desirable toplace the first Negro employees in beginner jobs andthen advance them on their merit according to regularprocedures. Whatever the level of the job first offered,the new employee should be briefed in advance on anyproblems he might encounter, and on the ways in whichhe can meet them. Of equal, or greater, importance isthe briefing of supervisors and, where necessary, otheremployees in the -ame department. It must be madeclear at the outset that the hiring of minority-groupworkers represents a firm policy of management.

A survey of nondiscriminatory firms by Industrial Re-lations Counselors, a private reseal ch organization, em-phasized that "effective communication within a com-pany of its decision to employ Negroes on the strengthof their qualifications was stressed as being of criticalimportance by the majority of companies whose policygoes beyond mere compliance with law." This survey

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also underlined the importance of determining the paceand method of introduction of Negro employment inadvance of initial hiring. Some companies moved grad-ually, and others moved quickly, but all followed a pre-determined plan.

The recent Business Week survey noted that the ad-vice most often given by the pioneer firms has been:"Make it plain that this is not something that is first tobe discussed and debated up and down the line. Thework has to come from the topand it must be firm."Another personnel relations executive added that "Youhave to be arbitrary, but you've got to do it with a velvet

glove."While the ultimate goal is to erase special treatment

of any employee, a few preliminary precautions in theearly stages of implementing a merit-employment policymay sometimes prove advisable. In some situations,companies have followed the policy of hiring "pioneer"Negro workers in pairs, so as to reduce their feeling ofisolation. However, other companies have pursued ex-actly the reverse policy, hiring Negroes individually anddeliberately scattering them throughout the work force

to forestall their clinging together for emotional security.One large aircraft company on the west coast lets thedepartment or group supervisor determine whether anyspecial hiring policy will be adopted, on the assumptionthat department personnel varies considerably and onlythe supervisor is in a position to judge the probable re-actions of his subordinates.

Many of the firms surveyed by Industrial Relations


Counselors placed the first Negro employees in depart-ments having supervisors who were in sympathy withthe nondiscrimination policy and whose leadership wasaccepted by their subordinates. However, several em-ployers who had adopted these special procedures lateradmitted that they had been needlessly cautious in thisrespect.

A large public utility in Southern California has dis-covered that personal characteristics (dress, hygiene,personality) are of critical importance in determiningthe acceptance of Negroes in a department. Its observa-tions do not confirm the view held by some employersthat it is desirable to hire light-skinned Negroes at firston the assumption that they arouse less prejudice. Thiscompany's experience has been that color of skin has noeffect upon acceptance; personality factors and generalappearance are the main determinants.

The introduction of a merit-employment program,and the orientation of employees with respect to it,sometimes require a bit of subtlety. A great many com-panies have the group supervisor personally welcomethe new worker, introduce him to his associates, andthen lunch with him the first few days to put him atease and enable him to meet as many coworkers as pos-sible. This practice, however, should be reasonably con-sistent with the firm's usual orientation policies. Theimpression should not be given that the company is dis-criminating in favor of minority groups.

In cases where a Negro worker is introduced into adepartment for the first time, some companies consider


it wise to have the supervisor inform each employee,often casually and informally, of the imminent arrival ofa Negro in the group. Other companies, however, de-liberately avoid any special policy in this respect. Thereis general agreement on two points: (1) it should be clearthat the employment of Negroes represents an estab-lished policy of management; and, (2) after merit em-ployment has been initiated throughout the firm, pro-cedures for selection, orientation, and placement shouldbe uniform for all employees without exception.

If an employee threatens to quit in response to thehiring of a minority worker, the usual policy of manage-ment is to answer, in effect: "Go ahead, if you feel sostrongly about it." Rare indeed is the instance of anyemployee leaving a good job simply because a minority-group member is hired in his department.

Some large firms, as in the west coast aircraft industry,distribute employee handbooks which emphasize that nodiscrimination on racial, religious, or other grounds ispracticed. A major aircraft company shows all new em-ployees an orientation film which has shots of interracialgroups in various departments, without explicitly men-tioning its nondiscriminatory policy. This "soft-sell" ap-proach is also used in the company newspaper, whichoften features photographs of Negro and other minority-group employees.

In his implementation of merit employment, the busi-nessman may confront the practical dilemma oftenfaced by those working to eliminate discrimination:does a special or unusual policy affecting a minority


group in itself constitute "discrimination," even though

it is intended to facilitate the employment of members

of the group? While there is no universally applicable

answer to this question, experience suggests the follow-

ing guides:

1) Any kind of special treatment, whatever its nature, isundesirable in principle and should not be regarded as ideal

in the long run. The ultimate goal of management should

be to attain complete equality in employment conditions

and opportunities for all workers regardless of race, color,

creed, or similar factors.2) It is unrealistic to ignore the past and present perva-

siveness of discrimination in American society and to pre-

tend that it does not exist. The employer cannot remainblissfully unaware of the barriers encountered by particularminority groups in other parts of the community. His atten-tion to the problems of minority-group employment will bein proportion to the degree of prejudice manifested by hisother employees, his customers, or the community as awhole. In giving special consideration to such problems, and

to the continuing effects of past discrimination, the employer

does not engage in or condone "discrimination" but merely

recognizes its existence and the need for procedures to com-

bat it.3) These principles require flexibility of approach in the

implementation of merit employment. Any special pro-cedures used in introducing minority-group members into

the work force, or in handling their grievances, should beinformal, unpublicized, and, preferably, temporary.

4) Since the employer ultimately will want to abandonthese procedures, it is unwise to give them official recog-


nition and status. As a general rule, no deviation from thenormal routine should be permitted unless it is consideredessential to the success of the nondiscrimination policy.

Even in companies which have long-established poli-cies of merit employment, supervisors sometimes prac-tice discrimination. The industrial hierarchy is often socomplex that these policies can be thwarted by eitherintentional or unintentional violation in the lower eche-lons. Foremen, supervisors, and others may assume thatwhites are to be given preference over Negroes, orProtestants over Catholics and Jews, or they may simplyexpress personal prejudices regardless of company pro-cedures. Some may have come from plants or areaswhere discrimination was the rule rather than the ex-ception. Unless they are made and kept aware of thecompany's nondiscrimination position in no uncertainterms, they may automatically revert to their accus-tomed ways. Needless to say, neither formal nor infor-mal segregation should be permitted anywhere in theplant

c. The minority-group worker on the job

After the minority-group member is hired and put onthe job, a merit-employment policy requires that he betreated on the same basis as all other employees. Ideally,this means equality in promotions, transfers, demotions,and participation in all the benefits and activities asso-ciated with the job.

The unfortunate truth is that this goal remains largelyunrealized. Negroes, for example, do not always advance


as rapidly or as far as white workers of comparable skill.Perhaps the chief barrier in this case is the bugaboo ofNegro supervision over whites. In several companiesthis problem has been overcome, and Negroes may befound in supervisory positions; in others, advancementfor Negroes has been restricted.

The results of the Industrial Relations Counselors'survey tend to refute the common belief that whites willresent or refuse to accept supervision by Negroes. "Themanagements said they encountered no serious protestwhen Negroes were promoted to supervisory positions,nor has there been any subsequent manifestation byeither white or Negro employees of resentment or un-willingness to accept direction from Negro supervisors."

Some firms surveyed report a tendency among theirNegro supervisors to be "too easy" on the whites undertheir direction, and a corresponding tendency amongwhite supervisors to be too lenient with Negroes. Insome cases, Negro supervisors were found to be "extratough" in supervising Negroes. In all such instances,management has emphasized to supervisors their re-sponsibility for preserving uniform standards of per-formance, and has assured them of company backingfor all reasonable disciplinary measures taken.

The informal and unofficial organization of the workforce can sometimes lead to effective discriminationeven though the formal policies of the firm are beyondcriticism. For example, a Negro may not be given thekind and quality of assignments which would enablehim to demonstrate his competence or leadership ca-


pacity. The discretion necessarily exercised by the fore-man, and often by the senior members of the workgroup, leaves room for sub rosa discrimination whichprevents the Negro from making his case for advance-ment.

The type of subtle discrimination which may exist ina closely knit group is particularly difficult to overcome.A tacit agreement among certain key leaders in a unitcan assure that a Negro never performs work above aminimum level of skill and responsibility. Alert manage-ment and supervision, therefore, must inquire into thoseinformal practices which often defeat the purposes oftheir formal policy.

All available surveys indicate that Negroes are gen-erally as productive on the job as are their white col-leagues. Of the 100 employers surveyed by the IllinoisCommission on Human Relations, 86 responded thatwhite and nonwhite workers on the same job were aboutequally efficient. Most of the remaining 14 felt that, forvarious reasons, nonwhites were superior in their jobs.None said that nonwhites could not carry their share ofthe work load.

The survey conducted by Industrial Relations Coun-selors offers further exidence that Negro workers arefully on a par with employees from other groups. Of the31 companies which appraised the overall performanceof their Negro employees, 25 agreed that in general itwas equal to the work performed by others. In six firms,one or more of the representatives stated that Negroperformance had been somewhat less adequate, but in


three of these firms there was disagreement among thoseinterviewed on this point. Many of the respondents em-phasized the effective work of Negroes in nontraditionaljobs.

Employers also agree that community or employeeresistance to the presence of Negroes in nontraditionaloccupations, outside the deep South, is rare. Many firms,even some in the South, have been surprised at the ab-sence of anticipated hostility. Very few report any inci-dents arising out of racial intermingling. All advocatestrict impartiality in disciplinary cases: white and non-white employees are to be treated equally for compara-ble misbehavior or infractions of rules. Some companieshave indicated an excessive number of wage assign-ments or garnishments (the assignment of wages to sat-isfy a debt, voluntarily in the former case and by legalaction in the latter) among their nonwhite workers. TheIndustrial Relations Counselors' survey reveals that themain approaches to this problem adopted by employersare "(1) to educate Negro employees about their respon-sibilities in legal matters, and (2) to issue warnings to allemployees against recurring wage assignments, withthreat of dismissal."

Most of the firms surveyed have reported no specialproblems whatsoever with nonwhite employees. Despitethis, Negroes remain proportionately underrepresentedin supervisory or administrative positions. Several exec-utives stated that only a lack of training or skills pre-vented Negroes from rising higher in the job hierarchy.Some felt that it was only a matter of time before Ne-

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groes would advance to minor executive jobs, empha-sizing that such jobs were open to Negroes with sufficientproficiency and aptitude. In many instances, undoubt-edly, this is simply a rationalization for subtle discrimi-nation. Whatever the forces at work, further efforts areneeded to improve job opportunities for all minority-group members in the higher occupational levels ofindustry.

VIII. Summary andConclusions

LPLANTS AND OFFICES throughout the UnitedStates, Negroes and whites, Jews and Catholics and Prot-estants, Irishmen and Italians and Mexican Americans,all work side by side without discord. Wherever man-agement has established a firm policy of merit employ-ment, the results have almost invariably beta salutary.

Obviously, the problem of employment discrimina-tion is still far from solved. There remain many areasand occupations where minority-group members, espe-cially Negroes, encounter barrieis. Unions and manage-ment alike have been guilty of discriminatory practices.Qualified Negroes often find it difficult to move up thepromotional ladder.

In recent years, however, job opportunities open tominorities have expanded markedly. Indeed, in severaloccupations and industries the emphasis has shiftedsomewhat from the elimination of discriminatory obsta-cles to the training of minority-group members for avail-able jobs. Because of previous employment patterns andother reasons, minority-group members frequently limit

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their search to the "traditional" occupations and indus-tries. Counselors and parents alike sometimes tend todiscourage minority-group youngsters from educatingthemselves for those occupations which historically havebeen closed to them. It is important that youngsters beinformed of job opportunities and trained to take advan-tage of them. Otherwise, as new areas of opportunityopen up for Negroes and others, the number of trainedor experienced applicants may fall considerably short ofthe ever increasing demand.

Many public and private organizations are now activein the campaign for merit employment. Their efforts aremainly in two directions: to break down the remainingracial or religious barriers set up by business, unions, orgovernment, and to increase the availability of trainedapplicants for new jobs. Government agencies, such asthe various FEP commissions, and private organizationsseek to induce employers and unions, chiefly by per-suasion and mediation, to abmdon any discriminatorypractices. Approaching the problem from a differentangle, they also work with secondary-school and collegecounselors in improving the training and motivation ofminority-group youngsters.

While most of the examples used in this book illustrateanti-Negro discrimination, due largely to the abundanceof literature on this subject, many other groups, notablyJews, Mexican Americans, Puerto Ricans, and Orientals,encounter frequent denial of job opportunity because ofrace, religion, or national origin. Unquestionably, how-ever, the Negro still confronts the most difficult obsta-


des. Progress is being made, but much remains to bedone in the employment of Negroes in clerical, profes-sional, sales, supervisory, and administrative jobs on thebasis of their merit as individuals.

Of decisive importance, throughout much of Ameri-can industry, is the policy of top management. Whenthe executive staff of an enterprise lays down a firm andclear program of merit employment, providing completeequality of treatment without double standards, opposi-tion usually melts away and the transition is smooth. Itis important that all supervisors understand the policyand administer it effectively regardless of any personalfeelings.

The ease with which the transition is effected may

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depend largely on the impression made by the firstminority-group employees upon the rest of the person-nel. Quite often the employer takes special precautionsin hiring the "pioneer" workers, so that personality andappearance will be pleasing and attractive. After that,each employee is "on his own," judged only on his orher abilities on the job.

The prospects for further progress in the employmentfield are bright. With a scarcity of skilled labor, manyemployers are tapping new sources of manpower for-merly excluded from their work force. Further, both themoral pressure of public opinion and the legal pressureof governmental policy give added momentum to thedrive for merit employment. Nor does nondiscriminationin employment meet with the strong resistance oftendirecterl against integration in education, housing, and,pare -mlarly, social relationships. Relatively few workers

are inclined to defy their employer or quit their jobs inprotest against a nondiscriminatory policy.

One major value of merit employment is that the con-tact among members of different races and religions inthe plant or office is likely to counteract many harmf-1stereotypes and thereby improve intergroup relations ingeneral. Workers who befriend Negroes, Puerto Ricans,

Mexican Americans, Catholics, and Jews at work areunlikely to give further credence to the "old wives' tales"

so frequently circulated about these groups. When thisoccurs, prejudice finally gives way to understanding andfriendship.

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IX. Suggestions forFurther Reaaing

LIE IS A VAST AMOUNT of literature on thegeneral subject of prejudice and discrimination in Amer-ica, and only a few of the more prominent and usefulpublications can be listed here.

A comprehensive general discussion of the role of mi-norities in American society is contained in Racial andCultural Minorities by George E. Simpson and J. MiltonYinger (rev. ed.; New York: Harper, 1958). The classicwork on anti-Negro prejudice in the United States is AnAmerican Dilemma, 2 vols. (new ed.; New York: Harper,1962), written by the noted Swedish economist GunnarMyrdal. The major findings of Myrdal's study have beensummarized in The Negro in America by Arnold Rose(New York: Harper, 1948). A general analysis of preju-dice may be found in The Nature of Prejudice by Gor-don Allport (New York: Doubleday & Company, 1958).

A recent general study of American Jews is The Jews:Social Patterns of an American Group, edited by Mar-shall Sklare (Glencoe, Ill.: The Free Press, 1958). Manystudies of anti-Semitism in the United States, and of

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EQUAL OPPORTUNITY IN EMPLOYMENT lilprejudice in general, have been published by the Anti-Defamation League of B'nai B'rith and by other organi-zations of the Jewish community.

The Report of President Truman's Committee on CivilRights is entitled To Secure These Rights (Washington,D.C.: Government Printing Office, 1947), issued by thecommittee under the chairmanship of Charles E. Wilson.

A study of Negro manpo wer in the United States maybe found in The Negro Potential by Eli Ginzberg (NewYork: Columbia University Press, 1956), which summar-izes the findings of extensive research conducted by theConservation of Human Resources Project at ColumbiaUniversity.

A new and especially valuable study of fair employ-ment practices legislation and policies is Toward FairEmployment by Paul H. Norgren and Samuel E. Hill(New York: Columbia University Press, i 964). ProfessorNorgren and his associates had earlier conducted an ex-cellent study of management experience with the em-ployment of Negroes, summarizing the findings of asurvey conducted by Industrial Relations Counselors.Results are published in Employingthe Negro in Ameri-can Industry (New York: Industrial Relations Coun-selors, Inc., 1959).

The Institute of Industrial Relations at UCLA haspublished a number of studies in the area of minority-group employment and education, all of which are avail-able from the Institute in reprint form. Among them are"Combating Discrimination in Employment" by PaulBullock (California Management Review, Summer,


1961); "The Minority Child and the Schools" by PaulBullock and Robert Singleton (The Progressive, Novem-ber, 1962); "What to Do with the Drop-out?" by PaulBullock and Robert Singleton (New Republic, October20, 1962); "Some Problems in Minority-Group Educa-tion in the Los Angeles Public Schools" by RobertSingleton and Paul Bullock (The Journal of Negro Edu-cation, Spring, 1963); and "Employment Problems of theMexican American" by Paul Bullock (Industrial Rek-tions, March, 1964).

A great many books on various aspects of discrimina-tion and race relations in this country have been pub-lished in the past few years. Among those noteworthyare: Crisis in Black and White by Charles E. Silberman(New York: Random House, 1964); To Be Equal byWhitney M. Young, jr. (New York: Harper, 1964); andThe New Equality by Nat Hentoff (New York: VikingPress, 1964). Much valuable statistical data on Negrowhite income differentials and related subjects may befound in Rich Man, Poor Man by Herman P. Miller(New York: Crowell, 1964).

A study of the New York law against discriminationmay be found in Equality by Statute by Morroe Berger(New York: Columbia University Press, 1952). The war-time Fair Employment Practice Committee of the fed-eral government is discussed in All Manner of Men byMalcolm Ross (New York: Reynal and Hitchcock, 1948).

The National Planning Association has publishedSelected Studies of Negro Employment in the South, forexample, "Negro Employment in Three Southern Plants


of International Harvester Company" by John Hope II,

Case Study No. 1, 153. Mr. Hope has also prepared an

analysis of the antidiscrimination program of theUnited Packinghouse Workers of America, and a survey

of employment practices in the meat-packing industy,entitled Equality of Opportunity (Washington, D.C.:

Publi kffairs Press, 1956).The National Conference of Christians and Jews has

issued a number of pamphlets on merit employment,

including The High Cost of Discrimination by Elmo

Roper; A Fair Chance for All Americans, which con-

tains staten,ents by four business leaders; and Negroes

in the Work Group by Jacob Seidenberg.The National Foremen's Institute has published a

pamphlet, entitled Why?, which provides a simplified

guide for supervisors in implementing a merit-employ-

ment policy.The National Association for the Advancement of

Colored People has published a number of valuable

studies, for example, The Negro Wage-Earner and

Apprenticeship Training Programs. The National Urban

League, the AFL-CIO, and other organizations listed in

Chapter 71 of this book issue material on discrimination

both in general and with particular reference to employ-

ment. The National Association of Intergroup Relations

Officials publishes annual reports summarizing the ac-

tivities of public and private agencies in combating

discrimination.


Finally, the various federal and state antidiscrimina-tion agencies distribute a great deal of information onmerit employment. Particularly useful are the specialstudies prepared by the New York State Commission forHuman Rights.

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