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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1109

1964]     STATE CIVIL RIGHTS STATUTES     1109

less than four people, not counting members of his family. Almost all fair employment practices acts exempt small employers, which are defined as employers with less than a specified number of employees.143 The general consensus seems to be that notions of freedom of association should preponderate over concepts of equal opportunity in these situations because the smallness of the employer's staff is usually likely to mean for him a rather close, intimate, personal, and constant association with his employees.
   The exemption from the proposed act in favor of employees hired to work inside the house where the employer or his family presently reside is analogous to the exemption from the housing act in favor of the rental of rooms in one's own home. Within the sanctity of a man's own abode, his final retreat from the world around him, freedom of association should prevail unless some particularly critical requirement of greater value demands otherwise.144
   The exemption in favor of the employee hired to perform personal services on the person of the employer or members of his family is meant to reflect the particularly intimate nature of the association between the employer and employee in that situation. When a sick person hires another to care for him, or an individual hires a babysitter, or a tutor, or any other employees who perform these kinds of very personal services for the employer or his family, he should be free to discriminate if he so chooses. A balancing of all the equities involved indicates that freedom of association should predominate under these circumstances.
   The exemption in favor of religious institutions seems obvious and is similar to the provision provided in the public accommodations and housing section of the act.

C. Miscellaneous Substantive Provisions.

   One other substantive provision is suggested.

   VI. It shall be unlawful for:
     a) Any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared unlawful by this act.
________________________

143 Note the following exemptions from state fair-employment statutes: Rhode Island and New Mexico, employers of less than four not covered; California and Connecticut, employers of less than five not covered; Colorado, Massachusetts, New Jersey, New York, and Oregon, employers of less than six not covered; Kansas, Michigan, Minnesota, and Washington, employers of less than eight not covered. Employment Hearings 550-51. But note that the fair employment acts of Alaska, Delaware, Ohio, and Wisconsin, as well as Iowa, contain no exemption for employers with less than a stated number of employees. Ibid.
144 A substantially similar exemption is found in almost all of the state fair-employment practices acts. For those states with exemptions for domestic employees, see id. at 550-51.

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1964] STATE CIVIL RIGHTS STATUTES 1109 less than four people, not counting members of his family. Almost all fair employment practices acts exempt small employers, which are defined as employers with less than a specified number of employees.143 The general consensus seems to be that notions of freedom of association should preponderate over concepts of equal opportunity in these situations because the smallness of the employer's staff is usually likely to mean for him a rather close, intimate, personal, and constant association with his employees. The exemption from the proposed act in favor of employees hired to work inside the house where the employer or his family presently reside is analogous to the exemption from the housing act in favor of the rental of rooms in one's own home. Within the sanctity of a man's own abode, his final retreat from the world around him, freedom of association should prevail unless some particularly critical requirement of greater value demands otherwise.144 The exemption in favor of the employee hired to perform personal services on the person of the employer or members of his family is meant to reflect the particularly intimate nature of the association between the employer and employee in that situation. When a sick person hires another to care for him, or an individual hires a babysitter, or a tutor, or any other employees who perform these kinds of very personal services for the employer or his family, he should be free to discriminate if he so chooses. A balancing of all the equities involved indicates that freedom of association should predominate under these circumstances. The exemption in favor of religious institutions seems obvious and is similar to the provision provided in the public accommodations and housing section of the act. C. Miscellaneous Substantive Provisions. One other substantive provision is suggested. VI. It shall be unlawful for: a) Any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared unlawful by this act. ________________________ 143 Note the following exemptions from state fair-employment statutes: Rhode Island and New Mexico, employers of less than four not covered; California and Connecticut, employers of less than five not covered; Colorado, Massachusetts, New Jersey, New York, and Oregon, employers of less than six not covered; Kansas, Michigan, Minnesota, and Washington, employers of less than eight not covered. Employment Hearings 550-51. But note that the fair employment acts of Alaska, Delaware, Ohio, and Wisconsin, as well as Iowa, contain no exemption for employers with less than a stated number of employees. Ibid. 144 A substantially similar exemption is found in almost all of the state fair-employment practices acts. For those states with exemptions for domestic employees, see id. at 550-51.