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BEFORE THE

HEARINGS
U.S. Congress. House

COMMITTEE ON LABOR
HOUSE OF REPRESENTATIVES

SEVENTY-EIGHTH CONGRESS

THE LIEBF

SECOND SESSION

SERIAL GE 9

ON

AUG 5 1944
H. R. 3986, H. R. 4004

3
AND H. R. 4005
BILLS TO PROHIBIT DISCRIMINATION IN EMPLOYMENT
BECAUSE OF RACE, CREED, COLOR, NATIONAL

ORIGIN, OR ANCESTRY

VOLUME 1

JUNE 1, 2, 6, 7, 8, 9, 13, 14, 15, AND 16, 1944

Printed for the use of the Committee on Labor

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1944

60811

COMMITTEE ON LABOR
MARY T. NORTON, New Jersey, Chairman

ROBERT RAMSPECK, Georgia RICHARD J. WELCH, California
JENNINGS RANDOLPH, West Virginia FRED A. HARTLEY, JR., New Jersey
JOHN LESINSKI, Michigan GERALD W. LANDIS, Indiana
GRAHAM A. BARDEN, North Carolina CLARE E. HOFFMAN, Michigan
EUGENE WORLEY, Texas STEPHEN A. DAY, Illinois
THOMAS E. SCAN LON, Pennsylvania JOSEPH CLARK BALDWIN, New York
AUGUSTINE R. KELLEY, Pennsylvania ALVIN E. O'KONSKI, Wisconsin
THOMAS G. ABERNETHY, Mississippi A. L. MILLER, Nebraska
O. C. FISHER, Texas

ARTHUR G. KLEIN, New York BOLíVAR PAGAN, Puerto Rico

JAMES H. TORRENS, New York

LUCILLE M. CoNSEDINE, Clerk

II

TO PROHIBIT DISCRIMINATION IN EMPLOYMENT

THURSDAY, JUNE 1, 1944

Hous E of REPRESENTATIVEs, CoMMITTEE ON LABor, Washington, D. C. The committee met at 10:30 a.m., Hon. Mary T. Norton (chairman) presiding. - The CHAIRMAN. Members of the committee and guests, the Committee on Labor, at its last regular meeting on May 11, voted to hold hearings on what is known as the Scanlon-Dawson-LaFollette bills. They are identical. The purpose of these bills is, as you know, to prohibit discrimination in employment because of race, creed, color, national origin, or ancestry. These bills have been in committee for some time and have aroused a great deal of interest. The committee felt that it was the proper time to hold hearings and get at the facts. We are here this morning to start hearings and we hope we will be able to get the facts. As most of you know, there has been some controversy about these bills. Of course, no problem of this kind fails to have its proponents and its opponents. But I do not believe that any problem has ever been solved by refusing to face it. So your Committee on Labor is very glad to have you with us this morning, and to hold these hearings, as I said before, to get at the facts. At this point in the record we will insert copies of these three bills, H. R. 3986, H. R. 4004, and H. R. 4005. (The bills referred to are as follows:)

[H. R. 3986, 78th Cong., 2d sess.] A BILL To prohibit discrimination in employment because of race, creed, color, national origin, or ancestry

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

FINDINGS AND DECLARATION OF POLICY

SECTION 1. The Congress finds that the practice of denying employment opportunities to, and discriminating in employment against, properly qualified persons by reason of their race, creed, color, national origin, or ancestry, foments domestic strife and unrest, deprives the United States of the fullest utilization of its capacities for production and defense, and burdens, hinders, and obstructs commerce.

It is hereby declared to be the policy of the United States to eliminate such discrimination in all employment relations which fall within the jurisdiction or control of the Federal Government as hereinafter set forth.

RIGHT TO FREEDOM FROM DISCRIMINATION IN EMPLOYMENT

SEC. 2. The right to work and to seek work without discrimination because of race, creed, color, national origin, or ancestry is declared to be an immunity, of all citizens of the United States, which shall not be abridged by any State or by an instrumentality or creature of any State. 1

UNFAIR EMPLOYMENT PRACTICES DEFINED

SEC. 3. (a) It shall be an unfair employment practice for any employer within the scope of this Act—

(1) to refuse to hire any person because of such person's race, creed, color, national origin, or ancestry; (2) to discharge any person from employment because of such person's race, creed, color, national origin, or ancestry; (3) to discriminate against any person in compensation or in other terms or conditions of employment because of such person's race, creed, color, national origin, or ancestry. (b) It shall be an unfair employment practice for any labor union within the scope of this Act— (1) to refuse membership to any person because of such person's race, creed, color, national origin, or ancestry; (2) to expel from membership any person because of such person's race, creed, color, national origin, or ancestry; or (3) to discriminate against any member, employer, or employee because of such person's race, creed, color, national origin, or ancestry. (c) It shall be an unfair employment practice for any employer or labor union within the scope of this Act to discharge, expel, or otherwise discriminate against any person because he has opposed any practices forbidden by this Act or because he has filed a charge, testified, or assisted in any proceeding under this Act.

SCOPE OF ACT

SEC. 4. (a) This Act shall apply to any employer having in his employ more than five persons, who is (1), engaged in interstate or foreign commerce; (2) under contract with the United States or any agency thereof; or, (3) performing work, under subcontract or otherwise, called for by a contract to which the United States or any agency thereof is a party. -

(b) This Act shall apply to any labor union which has five or more members in the employ of one or more employers covered by the preceding paragraph.

(c) This Act shall apply to the employment practices in the United States and of every Territory, insular possession, agency, or instrumentality thereof, except that paragraphs (3) and (f) of section 10, providing for petitions for enforcement and review, shall not apply in any case in which an order has been issued against any department, or independent agency of the United States; but in any such case the Fair Employment Practice Commission established by section 5 of this Act may petition the Attorney General of the United States for the enforcement of such order, and it shall thereupon be the duty of the Attorney General to take such measures as may secure obedience to any such order. Every official who willfully violates any such order shall be summarily discharged from the Government employ.

FAIR EMPLOYMENT PRACTICE COMMISSION

SEc. 5. For the purpose of securing enforcement of the foregoing rights and preventing unfair employment practices on the part of employers and labor unions, there is hereby established a commission to be known as the Fair Employment Practice Commission, which shall consist of a Chairman and six additional members to be appointed by the President, by and with the advice and consent of the Senate, who shall serve for a term of seven years except that the terms of the members originally appointed shall expire seriatim at intervals of one year. Any member of the Commission may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. Four members of the Commission shall at all times constitute a quorum.

REPORTS

SEc. 6. The Commission shall at the close of each fiscal year make a report in writing to the Congress and to the President concerning the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Commission, and an account of all moneys it has disbursed, and shall make such recommendations for futher legislation as may appear desirable.

SALARIES

SEC. 7. Each member of the Commission shall receive a salary of $10,000 a year, shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment.

TERMINATION OF COMMITTEE ON FAIR EMPLOYMENT PRACTICE

SEc. 8. Upon the appointment of the members of the Commission, the Committee on Fair Employment Practice, established by Executive Order Numbered 9346 of May 27, 1943, shall cease to exist. All employees of the said Committee shall be transferred to and become employees of the Commission. All records, papers, and property of the Committee shall pass into the possession of the Commission, and all unexpended funds and appropriations for the use and maintenance of the Committee shall be available to the Commission.

LOCATION OF OFFICES

SEc. 9. The Commission shall hold its sessions in the District of Columbia and at such other places as it may designate. The Commission may, by one or more of its members or by such referees, agents, or agencies as it may designate, prosecute any inquiry or conduct any hearing necessary to its functions in any part of the United o or any Territory or insular possession thereof.

PROHIBITION OF UNFAIR EMPLOYMENT PRACTICES

SEC. 10. (a) The Commission is empowered as herein provided to prohibit any o from engaging in any unfair employment practices within the scope of 1S ACt. (b) Whenever it is charged that any person has engaged in any such unfair employment practice, the Commission, or any referee, agent, or agency designated by the Commission for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect and containing a notice of hearing before the Commission or a member thereof, or before a designated referee, agent, or agency at a place therein fixed not less than ten days after the serving of said complaint. (c) The person so complained of shall have the right to file an answer to such complaint and to appear in person or otherwise, with or without counsel, and give testimony at the place and time fixed in the complaint. (d) If upon all the testimony taken the Commission shall be of the opinion that any person named in the complaint has engaged in any such unfair employment practice, the Commission shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair employment practice and to take such affirmative action, including hiring or reinstatement of employees with or without back pay, as will effectuate the policies of this Act. If, upon all the testimony taken, the Commission shall be of the opinion that no person named in the complaint has engaged in any such unfair employment practice, the Commission shall state its findings of fact and shall issue an order dismissing the said complaint. (e) The Commission shall have power to petition any circuit court of appeals of the United States (including the United States Court of Appeals for the District of Columbia) or, if all the circuit courts of appeals to which application might e made are in vacation, any district court of the United States, within any circuit or district, respectively, wherein the unfair employment practice in question occurred, or whérein such person resides or transacts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court to which petition is made a transcript of the entire record in the proceeding, including the pleadings and testimony, upon which such order was entered and the findings and the order of the Commission. Upon such filing, the court to which petition is made shall conduct further proceedings in conformity with the procedures established by law governing petitions for enforcement of the orders of the National Labor Relations Board. • Any person aggrieved by a final order of the Commission granting or denying in whole or in part the relief sought may obtain a review of such Order in any circuit court of appeals of the United States (including the United States Court of Appeals for the District of Columbia) within any circuit wherein the unfair employment practice in question was alleged to have occurred or wherein Such person resides or transacts business by filing in such court a written petition

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