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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1117

1964]     STATE CIVIL RIGHTS STATUTES     1117

of equal rights legislation has proven much more effective and successful than the traditional criminal and civil suits discussed previously.
   The administrative approach to the enforcement of antidiscrimination statutes is advantageous in a variety of ways. The expense of the investigation and proceeding is borne by the government. No jury is required anywhere in the enforcement process; on the contrary, the commission charged with the enforcement of these kinds of statutes will become expert at discerning bias and its orders will be upheld by the courts if they are supported by substantial evidence. Moreover, an administrative agency may be authorized to seek out the discrimination or to take complaints from civil rights organizations. Such an agency is also in a position to keep a constant check on recalcitrant individuals.
   In addition to all of the above, an administrative approach offers an opportunity to employ law in unusual ways. Conciliation and mediation are a common feature of this kind of enforcement;166 so are broad educational campaigns conducted by such antidiscrimination commissions as ancillary responsibilities to their prime function of law enforcement. It should always be stressed, however, that no appreciable gains can be achieved in assuring our minority groups equal opportunity by conciliation and education alone. Antidiscrimination commissions are only viable if they have strong enforcement powers, and they are willing to vigorously use them when necessary.
   Another point should be noted about the desirability of an administrative enforcement of antidiscrimination statutes. Because it permits the commission to issue enforceable cease-and-desist orders and other flexible remedies, it more readily assures the achievement of the legislation's real objective. As previously discussed, the real purpose of these kinds of laws is to terminate discriminatory practices of the kind prohibited, and not to work retributions on offenders. Criminal prosecutions and private damage actions are relatively incapable of achieving such an objective when they are compared to the demonstrably more successful flexible cease-and-desist orders issued by ever-vigilant administrative commissions.
   Several other advantages of administrative enforcement should be stressed. In administrative proceedings proof is satisfied by the preponderance of the evidence. This avoids the insuperable burden of proof required in criminal cases. In commission proceedings the truth is also easier to find since the strict and overly technical rules of evidence do not apply. Lastly, statutes enforced by such administrative agencies
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166 It should be noted that the Iowa Governor's Commission on Civil Rights has to some extent attempted to assume this function under our penal employment and public accommodations provisions.

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1964] STATE CIVIL RIGHTS STATUTES 1117 of equal rights legislation has proven much more effective and successful than the traditional criminal and civil suits discussed previously. The administrative approach to the enforcement of antidiscrimination statutes is advantageous in a variety of ways. The expense of the investigation and proceeding is borne by the government. No jury is required anywhere in the enforcement process; on the contrary, the commission charged with the enforcement of these kinds of statutes will become expert at discerning bias and its orders will be upheld by the courts if they are supported by substantial evidence. Moreover, an administrative agency may be authorized to seek out the discrimination or to take complaints from civil rights organizations. Such an agency is also in a position to keep a constant check on recalcitrant individuals. In addition to all of the above, an administrative approach offers an opportunity to employ law in unusual ways. Conciliation and mediation are a common feature of this kind of enforcement;166 so are broad educational campaigns conducted by such antidiscrimination commissions as ancillary responsibilities to their prime function of law enforcement. It should always be stressed, however, that no appreciable gains can be achieved in assuring our minority groups equal opportunity by conciliation and education alone. Antidiscrimination commissions are only viable if they have strong enforcement powers, and they are willing to vigorously use them when necessary. Another point should be noted about the desirability of an administrative enforcement of antidiscrimination statutes. Because it permits the commission to issue enforceable cease-and-desist orders and other flexible remedies, it more readily assures the achievement of the legislation's real objective. As previously discussed, the real purpose of these kinds of laws is to terminate discriminatory practices of the kind prohibited, and not to work retributions on offenders. Criminal prosecutions and private damage actions are relatively incapable of achieving such an objective when they are compared to the demonstrably more successful flexible cease-and-desist orders issued by ever-vigilant administrative commissions. Several other advantages of administrative enforcement should be stressed. In administrative proceedings proof is satisfied by the preponderance of the evidence. This avoids the insuperable burden of proof required in criminal cases. In commission proceedings the truth is also easier to find since the strict and overly technical rules of evidence do not apply. Lastly, statutes enforced by such administrative agencies ________________________ 166 It should be noted that the Iowa Governor's Commission on Civil Rights has to some extent attempted to assume this function under our penal employment and public accommodations provisions.