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But let's go a step further, and I am reading from the regulations adopted by that board or commission in New York: "Inquiry into the whereabouts of an applicant for employment during the First World War"-for example, during the period 1914 to 1919 is forbidden." That means that here is a big strapping fellow who comes in and wants a job. You can't ask where he came from or what his name was if he has had his name changed.

I see a man calling himself I. F. Stone lambasting Congress every day. His real name is Isidore Feinstein. Cordell Hull made him announce his name when he undertook to heckle Cordell Hull at a press conference.

Senator DONNELL. That is, a prospective employer could not ask that?

Mr. RANKIN. That is right. during the First World War. a foreign country or in the service.

You could not ask him where he was
You could not ask him if he was in

Here is another unlawful practice, and I am still reading from the regulations:

Inquiry into the organization of which an applicant for employment is a member, including organizations the name or character of which indicates a religion, race, or national origin of its members.

You couldn't ask me if I was a member of the Masonic Lodge if I should come and seek employment. Neither could you ask a man if he was a member of the Communist Party.

I am giving you that to show you just exactly the trend of this legislation, and it is all authorized in this bill.

Senator IVES. May I interrupt you there?

Mr. RANKIN. Certainly.

Senator IVES. I want to read a part of section 13 (a) of the bill before us, S. 984, which takes care of situations such as you cite:

If at any time after the issuance of any such regulation or any amendment or rescission thereof, there is passed a concurrent resolution of the two Houses of the Congress stating in substance that the Congress disapprove such regulation, amendment, or rescission, such disapproved regulation, amendment, or rescission shall not be effective after the date of the passage of such concurrent resolution, nor shall any regulation or amendment having the same effect as that concerning which the concurrent resolution was passed be issued thereafter by the Commission.

Mr. RANKIN. Yes; it would be a lovely proposition to have to go to Congress to get a concurrent resolution after the businessmen had jumped out the window or had gone out of business because of being harassed by this thing, just as they did when they had the FEPC here in Washington.

The American people don't want to be harassed by this kind of stuff; and if you will take this home with you-and if you don't take it home, we will-because I can tell you the American people don't believe in this communistic legislation, and it is as far-reaching in its Communist totalitarian ramifications as an edict from Stalin himself.

Senator DONNELL. Have you had occasion to look into the question as to why there has been no cease-and-desist orders in New York? Mr. RANKIN. I certainly have. I thank you very much, Senator. Senator DONNELL. Will you tell us what your observations have been on that?

Mr. RANKIN. I certainly thank you, Senator. I was about to overlook that. The businessmen in New York tell me that they have had to resort to employment agencies to get around this thing, and in those employment agencies they have a string of questions about this long [indicating] that get around these regulations, and they tell me that there is hardly a Negro in New York can get by them.

That long list of questions that they use now virtually excludes the Negro from employment in the business enterprises of New York. The business people of New York are trying to save themselves.

Could you think of a businessman going into a State with that kind of law and those regulations and establishing a new business? I couldn't.

Senator DONNELL. I was particularly interested in trying to find out-and I have no knowledge at all on this-whether or not there has been any indication that the New York commission has been delaying in the institution of proceedings on the theory they are entitled to use an indefinite period of conciliation, persuasion, and conference. Is there any indication that they have just delayed rather than bring the matter to an issue? Have you observed anything along that line?

Mr. RANKIN. I will answer that by quoting a Member of Congress from New York. He said, "We just get by with it by failing to

enforce it."

I quoted his words in this speech-"by failing to enforce it," I believe were his words.

Senator DONNELL. Do you quote that particular observation?
Mr. RANKIN. I quote that observation here.

Senator DONNELL. Who is the Congressman who said it?

Mr. RANKIN. I didn't give his name because he didn't authorize me to give it. I am sure if you will inquire of them, they will tell you the same thing.

Senator DONNELL. Do you find that in your speech, Congressman? Senator ELLENDER. While Congressman Rankin is looking for that quotation, Mr. Chairman, may I interrupt? He has submitted to us certain rules and regulations that have emanated from this commission in New York. I am wondering if it would not be a good idea-not that I question the Congressman for having given us these rules and regulations-but wouldn't it be a good idea for the committee to have the clerk write to the commission in New York, the commission in New Jersey, and, in fact, in any State in which such a law is in operation, and obtain a copy for the record of these rules and regulations?

Senator DONNELL. I think that would meet the approval of the committee. Let the clerk be governed accordingly by that suggestion, please, and make that inquiry.

(Subsequently rules and regulations were received from the State commissions as follows:)

STATE OF NEW YORK, EXECUTIVE DEPARTMENT-STATE COMMISSION AGAINST

DISCRIMINATION

RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE STATE COMMISSION AGAINST

DISCRIMINATION

By virtue of the authority vested in it by section 130, subdivision 5, and section 132 of article 12 of the Executive Law, the State Commission Against Discrimination hereby establishes, adopts, and promulgates the annexed rules

65936-47-45

governing practice and procedure before the State Commission Against Discrimination.

These rules shall become effective on the date that they are filed in the office of the Department of State of the State of New York in accordance with Article IV, Section 8 of the Constitution of the State of New York. They shall supersede

the "Rules and Regulations Governing Practice and Procedure before the State
Commission Against Discrimination" heretofore adopted and filed in the office
of the Department of State on the 14th day of August 1945.
Signed at New York, N. Y., this 18th day of October 1946.

STATE COMMISSION AGAINST DISCRIMINATION,
HENRY C. TURNER, Chairman,

EDWARD W. EDWARDS, Commissioner,
CAROLINE K. SIMON, Commissioner,
ELMER A. CARTER, Commissioner,

JULIAN J. REISS, Commissioner.

Filed in the office of the Department of State of the State of New York this 6th day of November 1946.

STATE COMMISSION AGAINST DISCRIMINATION RULES GOVERNING PRACTICE AND PROCEDURE

RULES, promulgated by the State Commission Against Discriminationtion pursuant to Section 130, subdivision 5, and section 132 of Article 12 of the Executive Law.

1. Definitions.—a. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

b. The term "employment agency" includes any person undertaking to procure employees or opportunities to work.

c. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

d. The term "unlawful employment practice" includes only those unlawful employment practices specified in section 131 of the Law Against Discrimination. e. The term "employer" does not include a club exclusively social, or a fraternal, charitable, educational or religious association or corporation, if such club, association, or corporation is not organized for private profit, nor does it include any employer with fewer than six persons in his employ.

f. The term "employee" does not include any individual employed by his parents, spouse, or child, or in the domestic service of any person.

g. The term "national origin" shall, for the purposes of these rules, include "ancestry."

h. The term "Commission," unless a different meaning clearly appears from the context, shall mean the State Commission Against Discrimination.

i. The term "Commissioner' shall mean one of the members of the State Commission Against Discrimination.

j. The term "Chairman” shall mean the duly appointed Chairman of the State Commission Against Discrimination, or in the event of his absence, the Acting Chairman designated by the remaining members of the Commission.

k. The terms "hearing Commissioners" shall mean the Commissioners designated by the Chairman to conduct a hearing.

1. The term "Commission's Attorney" shall mean the General Counsel to the State Commission Against Discrimination or anyone designated by him or by the Commission to act as its attorney.

m. The term "party" or "parties" shall mean the complainant and/or the respondent.

n. The term "Law" shall mean the New York State Law Against Discrimination.

o. The term "mail,' unless otherwise specified, shall mean registered mail, return receipt requested.

2. Complaint.-a. Who may file:

(1) Any person claiming to be aggrieved by an alleged unlawful employment practice may, by himself or his attorney-at-law, make, sign, and file with the Commission a verified complaint in writing. Assistance in drafting and filing complaints shall be available to complaints at all Commission offices.

(2) The Industrial Commissioner or the Attorney General may, in like manner, make, sign, and file such complaint.

(3) Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with the provisions of this Law, may file with the Commission a verified complaint asking for assistance by conciliation or other remedial action. b. Form. The complaint shall be in writing; the original being signed and verified before any notary public or other person duly authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished without charge by the Commission.

c. Contents. A complaint shall contain the following:

(1) The full name and address of the person making the complaint (hereinafter referred to as the "complainant").

(2) The full name and address of the person, employer, employment agency, or labor organization against whom the complaint is made (hereinafter referred to as the "respondent").

(3) A specific charge of discrimination because of race, creed, color, or national origin followed by a clear and concise statement of the facts which constitute the alleged unlawful employment practice.

(4) The date or dates of the alleged unlawful employment practice, and if the alleged unlawful employment practice is of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred.

(5) A statement as to any action or proceeding instituted in any other form for the same unlawful employment practice alleged in the complaint, together with a statement as to the disposition of such other action or proceeding.

d. Place of Filing. A complaint shall be filed with the State Commission Against Discrimination at any of its offices.

e. Time of Filing. The complaint must be filed within 90 days from the date of the occurrence of the alleged unlawful employment practice. If the alleged unlawful employment practice is of a continuing nature, the date of the occurrence of said alleged unlawful employment practice shall be deemed to be any date subsequent to the commencement of the alleged unlawful employment practice up to and including the date upon which the alleged unlawful practice shall have ceased.

f. Manner of Filing. The complaint may be filed by personal delivery, ordinary mail, or registered mail, addressed to any of the Commission's offices.

g. Service of Complaint. A copy of the complaint, as the same may have been amended, shall be served by the Commission on the respondent together with the notice of hearing as provided in Rule 5. A copy of all amendments to the complaint effected subsequent to service of the notice of hearing shall be served by the Commission on both the complainant and the respondent except such amendments to the complaint as are inscribed in the record during the course of a hearing.

h. Complaint Forms. Complaint forms may be obtained at any of the offices of the Commission.

i. Amendment of Complaint.

(1) The complaint may be amended by the complainant or by the Commission. (2) A complaint, or any part thereof, may be fairly and reasonably amended as a matter of right at any time before the first hearing and thereafter in the discretion of the Hearing Commissioners.

j. Withdrawal. A complaint, or any part thereof, may be withdrawn only on consent of one or more Commissioners as hereinafter set forth and upon such conditions as shall be deemed proper under all the circumstances.

(1) If the request for withdrawal is made before the case has been noticed for hearing, the consent of the Commissioner to whom the case has been assigned shall be obtained.

(2) If the request for withdrawal is made after the case has been noticed for hearing, the consent of two of the Commissioners assigned to the hearing shall be obtained.

k. Dismissal of the Complaint. If the Commissioner designated by the Chairman to conduct an investigation of the allegations of the complaint shall determine, either on the face of the complaint or after investigation that said complaint should be dismissed, he shall dismiss the complaint and notify the parties by mail of his decision and of the complainant's right to apply for a reconsideration. Said decision dismissing the complaint shall not, however, preclude the Commissioner, whenever justice so requires, from reconsidering his decision at any time, and taking such further action as he may deem necessary, on notice to all parties.

1. Application for Reconsideration of Dismissal of Complaint. If the Commissioner investigating the allegations of the complaint dismisses such complaint, the complainant may apply for a reconsideration of such dismissal by three other Commissioners. The application must be in writing and state specifically the grounds upon which it is based. It shall be filed within 10 days from the date of the notice of dismissal, in the office of the Commission where the complaint was previously filed.

m. Granting Application for Reconsideration. An application for reconsideration of a dismissal of a complaint prior to hearing shall be granted or denied at the discretion of the Chairman.

n. Reconsideration. If an application for reconsideration is granted, the Chairman shall designate three Commissioners, other than the Commissioner who dismissed the complaint. Said Commissioners shall review the entire file, and, in their discretion, hear the parties, and affirm, modify, or reverse the original determination. (A record shall be made of the proceeding.) If the original determination is modified or reversed, the matter shall be remitted for such further action as the Commissioners may order, to the Commissioner who dismissed the complaint.

3. Investigation, Conference, Conciliation, and Persuasion.-a. Investigation. After the filing of a complaint the Chairman shall designate one of the Commissioners to make, with the assistance of the Commission's staff, a prompt investigation of the allegations of the complaint.

b. Conference, Conciliation, and Persuasion. If the Commissioner finds that probable cause exists for crediting the allegations of the complaint, he shall immediately endeavor to eliminate the unlawful employment practice complained of by conference, conciliation, and persuasion.

c. Nondisclosure of Facts Elicited in the Course of Endeavor to Conciliate. The members of the Commission and its staff shall not disclose what has transpired in the course of its endeavors at conferences, conciliation, and persuasion.

d. Conciliation. If the Commissioner shall succeed in his endeavors of conference, conciliation, and persuasion, he shall mark the case "satisfactorily adjusted" and notify the parties by mail of the terms of such disposition and of the complainant's right to apply for reconsideration. Such disposition of a case by conference, conciliation, and persuasion shall not, however, preclude the Commissioner, whenever justice so requires, from reconsidering the terms of such conciliation at any time and taking such further action as he may deem necessary, on notice to all parties.

e. Application for Reconsideration of Terms of Conciliation. If the Commissioner investigating the allegations of the complaint effects a conciliation and marks the case "satisfactorily adjusted," the complainant may apply for a consideration of the terms of such conciliation by three other Commissioners. The application must be in writing and state specifically the grounds upon which it is based. It shall be filed within 10 days from the date of mailing the notice of disposition in the office of the Commission where the complaint was previously filed.

f. Granting Application for Reconsideration. An application for reconsideration of the terms of conciliation shall be granted or denied at the discretion of the Chairman.

g. Reconsideration. If an application for reconsideration is granted, the Chairman shall designate three Commissioners other than the Commissioner who effected the conciliation. Said Commissioners shall review the entire file, accord the parties an opportunity to be heard, and approve or disapprove the terms of conciliation. If the terms of conciliation are disapproved, the matter shall be remitted to the Commissioner who effected the conciliation for further action. A record shall be made of the proceeding.

4. Answer.-a. Who May File. The party or parties against whom a complaint or amended complaint is filed may file a written verified answer in person or through an attorney-at-law within 10 days from the date of service of such complaint or amended complaint.

b. Extension of Time for Filing. Upon application the Chairman may for good cause shown extend the time within which the answer may be filed.

c. Place and Manner of Filing. The answer must be filed in duplicate at the office of the Commission from which the complaint emanated. The filing shall be by personal delivery or by mail.

d. Form of Answer:

(1) The answer shall be in writing, the original being signed and verified by the respondent or by his attorney at law. The answer shall contain the postoffice address of the respondent..

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