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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1108

1108     IOWA LAW REVIEW     [Vol. 49

racial or religious qualifications for employment, they might render the act a dead letter.
   The following employment statute is therefore proposed as a substitute for the present act. The new provision should correct the over-inclusive and under-inclusive deficiencies of the present provision and work a rational accommodation in this area between rights of equal opportunity and freedom of association.
   V. 1. It shall be unlawful for any:
     a) Person to refuse to hire, accept, register, classify, or refer for employment, or discharge any employee, or otherwise to discriminate in employment against any applicant for employment or employee, because of the race, color, creed, religion, or national origin of such applicant or employee.
     b) Labor organization or the employees, agents, or members thereof, to refuse to admit to membership any applicant, to expel a member, or otherwise to discriminate against any applicant for membership or member in the privileges, rights, or benefits of such membership because of the race, color, creed, religion, or national origin of such applicant or member.
     c) Employer, employment agency, labor organization, or the employees, agents or members thereof, to directly or indirectly advertise, or in any other manner indicate or publicize, that individuals of any particular race, color, creed, religion, or national origin are unwelcome, objectionable, not acceptable, or not solicited for employment or membership.
   2. This section shall not apply to:
     a) Any employer who regularly employs less than four individuals. For purposes of this subsection, employees who are members of the employer's family shall not be counted.
     b) The employment of individuals for work within the home of the employers, if the employer or members of his family reside therein during such employment.
     c) The employment of individuals to render personal service to the person of the employer or members of his family.
     d) Any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose.

   The proposed employment statute clearly covers the activities of employment agencies that aid, facilitate, or participate in employer discrimination.142 Similarly, it clearly covers efforts by employers or employment agencies to dissuade minority group members from even seeking employment at any establishment. It continues the proscription of discrimination by labor unions. Such a proscription is essential, since these organizations comprise a vital l ink in the employment regulation. If unregulated, they could destroy any meaningful equal job opportunity.
   The proposed act also embodies four exemptions in an effort to assure a reasonable accommodation between society's interests in equal opportunity and freedom of association. the first exception to the provision is in favor of the small employer--one who regularly employs
________________________

142 The proposed general accessory, incitement, and "catchall" provisions, VI(a), & (b), would also cover employment agencies.

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1108 IOWA LAW REVIEW [Vol. 49 racial or religious qualifications for employment, they might render the act a dead letter. The following employment statute is therefore proposed as a substitute for the present act. The new provision should correct the over-inclusive and under-inclusive deficiencies of the present provision and work a rational accommodation in this area between rights of equal opportunity and freedom of association. V. 1. It shall be unlawful for any: a) Person to refuse to hire, accept, register, classify, or refer for employment, or discharge any employee, or otherwise to discriminate in employment against any applicant for employment or employee, because of the race, color, creed, religion, or national origin of such applicant or employee. b) Labor organization or the employees, agents, or members thereof, to refuse to admit to membership any applicant, to expel a member, or otherwise to discriminate against any applicant for membership or member in the privileges, rights, or benefits of such membership because of the race, color, creed, religion, or national origin of such applicant or member. c) Employer, employment agency, labor organization, or the employees, agents or members thereof, to directly or indirectly advertise, or in any other manner indicate or publicize, that individuals of any particular race, color, creed, religion, or national origin are unwelcome, objectionable, not acceptable, or not solicited for employment or membership. 2. This section shall not apply to: a) Any employer who regularly employs less than four individuals. For purposes of this subsection, employees who are members of the employer's family shall not be counted. b) The employment of individuals for work within the home of the employers, if the employer or members of his family reside therein during such employment. c) The employment of individuals to render personal service to the person of the employer or members of his family. d) Any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. The proposed employment statute clearly covers the activities of employment agencies that aid, facilitate, or participate in employer discrimination.142 Similarly, it clearly covers efforts by employers or employment agencies to dissuade minority group members from even seeking employment at any establishment. It continues the proscription of discrimination by labor unions. Such a proscription is essential, since these organizations comprise a vital l ink in the employment regulation. If unregulated, they could destroy any meaningful equal job opportunity. The proposed act also embodies four exemptions in an effort to assure a reasonable accommodation between society's interests in equal opportunity and freedom of association. the first exception to the provision is in favor of the small employer--one who regularly employs ________________________ 142 The proposed general accessory, incitement, and "catchall" provisions, VI(a), & (b), would also cover employment agencies.