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Burlington Commission on Human Rights, 1964-1965

Iowa Law Review, "State Civil Rights Statute: Some Proposals" Page 1119

1964]     STATE CIVIL RIGHTS STATUTES     1119

civil action for damages require the complainant to elect his remedy.168 That is, these states demand that the aggrieved party pursue one remedy or the other, and they bar him from pursuing both. The time when a complainant is deemed to make such a final and irrevocable election varies from the time of filing his complaint with the commission to the time when the commission makes a final determination.
   A requirement of an early election seems desirable. Such an irrevocable election in favor of the administrative remedy might as well be made at a time when the commission affects a formal conciliation agreement. If the commission is unable to assure the respondent that conciliation will bar later court action, its persuasiveness may be substantially undermined; indeed, the respondent may fear that any concession on his part may constitute an admission and thus encourage the complainant to sue for damages. Furthermore, if the commission itself is empowered to order back pay or damages where appropriate, an ability to institute a civil suit for damages after invoking the commission's help will only cause needless multiplicity of litigation and needless badgering of the defendant.
   Prior discussion should demonstrate the desirability of setting up an administrative agency in Iowa to enforce the proposed antidiscrimination legislation in the manner indicated. The precise details of such a commission's organization, procedure, and powers, can be modeled after those of many other states.169 Only by creating such a commission can laws of the kind proposed here be enforced in a manner geared to effectuate their purpose. Subject to the doctrine of election of remedies, a private civil action for damages should also be retained as an alternative mode of enforcing the substantive provisions of the antidiscrimination laws. As noted previously, this should make relief in such cases all the more sure and complete.
   One further point should be noted. If employment agencies or real estate brokers facilitate or engage in the kind of discrimination prohibited by the substantive provisions of the proposed act, their licenses should be suspended or revoked.170 The reason particular emphasis is placed on these two kinds of businessmen is because their activities
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168 See Note, supra note 167, at 573.
169 See especially the commissions of Colorado, COLO. REV. STAT. ANN 25-3-1, to -6, 80-24-4, to -8 (Supp. 1960); Minnesota, MINN. STAT. ANN. 363.01-.13 (Supp. 1963); New York, N.Y. EXECUTIVE LAW 290-301; Pennsylvania, PA. STAT. ANN tit. 43, 956-63 (Supp. 1962).
170 This remedy is not uncommon. Among the states in which this remedy is available are Massachusetts, New York, and Oregon. It may also be available in those states that have issued executive orders barring discrimination by its licensees. See Trends in Housing, July-Aug. 1963, p. 5. Local communities obviously cannot use this remedy since brokers are usually licensed by the state.

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1964] STATE CIVIL RIGHTS STATUTES 1119 civil action for damages require the complainant to elect his remedy.168 That is, these states demand that the aggrieved party pursue one remedy or the other, and they bar him from pursuing both. The time when a complainant is deemed to make such a final and irrevocable election varies from the time of filing his complaint with the commission to the time when the commission makes a final determination. A requirement of an early election seems desirable. Such an irrevocable election in favor of the administrative remedy might as well be made at a time when the commission affects a formal conciliation agreement. If the commission is unable to assure the respondent that conciliation will bar later court action, its persuasiveness may be substantially undermined; indeed, the respondent may fear that any concession on his part may constitute an admission and thus encourage the complainant to sue for damages. Furthermore, if the commission itself is empowered to order back pay or damages where appropriate, an ability to institute a civil suit for damages after invoking the commission's help will only cause needless multiplicity of litigation and needless badgering of the defendant. Prior discussion should demonstrate the desirability of setting up an administrative agency in Iowa to enforce the proposed antidiscrimination legislation in the manner indicated. The precise details of such a commission's organization, procedure, and powers, can be modeled after those of many other states.169 Only by creating such a commission can laws of the kind proposed here be enforced in a manner geared to effectuate their purpose. Subject to the doctrine of election of remedies, a private civil action for damages should also be retained as an alternative mode of enforcing the substantive provisions of the antidiscrimination laws. As noted previously, this should make relief in such cases all the more sure and complete. One further point should be noted. If employment agencies or real estate brokers facilitate or engage in the kind of discrimination prohibited by the substantive provisions of the proposed act, their licenses should be suspended or revoked.170 The reason particular emphasis is placed on these two kinds of businessmen is because their activities ________________________ 168 See Note, supra note 167, at 573. 169 See especially the commissions of Colorado, COLO. REV. STAT. ANN 25-3-1, to -6, 80-24-4, to -8 (Supp. 1960); Minnesota, MINN. STAT. ANN. 363.01-.13 (Supp. 1963); New York, N.Y. EXECUTIVE LAW 290-301; Pennsylvania, PA. STAT. ANN tit. 43, 956-63 (Supp. 1962). 170 This remedy is not uncommon. Among the states in which this remedy is available are Massachusetts, New York, and Oregon. It may also be available in those states that have issued executive orders barring discrimination by its licensees. See Trends in Housing, July-Aug. 1963, p. 5. Local communities obviously cannot use this remedy since brokers are usually licensed by the state.