bona fide occupational qualifications. This law does not apply to an employer with less than six persons in his employ, nor to a club exclusively social, nor to a fraternal, charitable, educational or religious association or corporation which is not organized for private profit, nor to an individual employed by his parents, spouse, or child, or in the domestic service of any person. 2 Inquiries answers to which would directly or indirectly disclose a person's race, color, religious creed, national origin, or ancestry are designated as unlawful employment practices when such inquiries are made prior to employment unless based on a bona fide occupational qualification. No restriction is placed on inquiries made after employment provided the information obtained is not used for purposes of discrimination. 3 The law allows employment practices otherwise prohibited if based upon a bona fide occupational qualification. What constitutes a "bona fide occupational qualification" will be determined in each instance by the commission upon request and the submission of such data as the commission deems necessary. 4 The act defines "employment agency" as including any person ("person" includes any organization) undertaking to procure employment or opportunity to work. The law does not exclude any such person by reason of making no charge for such service. 5 The law requires that employment shall not be denied a person because of race, color, religious creed, national origin, or ancestry, and it also applies to and includes rehiring, reinstatement, and upgrading of employees. For bonding companies 6 Bonding companies may in the application of an employee for the furnishing of a bond ask questions which are prohibited by the law and by these policies from being asked by an employer. Any information given in any such application prior to employment in answer to questions which could not be asked directly or indirectly by an employer of an applicant for employment should not be communicated directly or indirectly to the employer. Any communication by the bonding company to the employer of any such information would be regarded by this commission as evidence of a violation of subdivision 5 of section 4 of the act which provides that it shall be an unlawful employment practice for any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden by the act. It is suggested that the application of a prospective employee for a bond be prepared by or in the office of the bonding company and not prepared by or in the office of the employer. 7 Certificates of age of an applicant, when required to be furnished to an employer, should not contain information prohibited by the terms of the act nor by the provisions of these policies. 8 Under regulations 106 issued by the United States Treasury Department, provision is made for application for a Social Security number which must be filed with its local office within 7 days from the date that a person is employed. The form required by that Department contains questions which must be answered but are not permitted to be asked in an application for employment. Therefore, no employer should have the application for a Social Security number filled out until after the applicant has been accepted for employment. If any such appli cation for a Social Security number is made prior to actual employment, it may be considered by the Commission as evidence of a violation of the proviisons of the act. 9 A. "Verified" as used in section 5 of the fair employment practice act means supported by oath of the complainant. B. An "attorney," as used in section 5 of the fair employment act, means an attorney at law. 10 Who may file or issue complaints in certain instances A. The words (see section 5) “Any person claiming to be aggrieved by an alleged unlawful employment practice" are interpreted to mean a person who claims that his legal right to work has been invaded, or who claims that he has suffered loss or injury by an unlawful employment practice. Such person may by himself or his attorney file a verified complaint in the following instances: 1. When he has been refused employment by an employer or employment agency because of his race, color, religious creed, national origin or ancestry; or when refusal was predicated upon answers to questions, whether direct or indirect, oral or written, (as on employment application blanks) which disclosed the same; 2. When he has been discharged or acted unfairly against by an employer in matters relating to compensation, terms, conditions or privilieges of employment because of race, color, religious creed, national origin or ancestry; 3. When he has been excluded from full membership rights or expelled from membership by a labor organization because of race, color, religious creed, national origin, or ancestry. B. The attorney general of the Commonwealth may file a complaint against a violator of the law in the instances outlined above under A. C. The Commission may issue a complaint: 1. When it is made cognizant of any violation of the law as outlined above under A, or of any provision of the act. 2. When it is made cognizant of— (a) the printing or circulating of any advertisement for help which directly or indirectly specifies any limitation because of race, color, religious creed, national origin or ancestry which comes within the scope of the law; or of (b) any employment application blank which asks questions directly or indirectly regarding the race, color, religious creed, national origin, or ancestry of any applicant for employment unless based upon a bona fide occupational qualification. D. Any employer may file a verified complaint: 1. When his employees, or some of them, refuse or threaten to refuse to cooperate with the provisions of the law. 11 Practices which may or may not be followed It shall be the policy of this Commission to regard as some evidence of an unlawful employment practice a disregard of the following suggestions: Subject of inquiry Age... Religion. Race or color. Citizenship. Lineage.. Education. Experience.. Character.. Relatives.. Military experience.... Organizations. Lawful employment practices before Unlawful employment practices before hiring Requirement that an applicant for employment state his age and submit proof thereof as indicated above under No. 7 of the policies. Inquiry into whether an applicant for employment regularly attends a house of religious worship. An applicant for employment may be told: "This is a 6-day-a-week job and employees are required to work Monday through Saturday, inclusive, as a general rule." Requirement that an applicant for employment state whether or not he is a citizen of the United States and if not, whether he intends to become a citizen of the United States. Requirement that an applicant for employment state whether he has ever been interned or arrested as an enemy alien. Inquiry into the academic, vocational, or professional education of an applicant for employment. Inquiry into the work experience of an applicant for employment. Inquiry into the character of an applicant for employment. Inquiry into the location in the United States of places of business of relatives of an applicant for employment. Inquiry into the name, address, and relationship of persons who are to be notified "in case of accident." Inquiry into the military experience of an applicant for employment in the armed forces of the United States or State militia. Inquiry into the organizations of which an applicant for employment is a member if it excludes organizations the name or character of which indicates the religion, race, or national origin of its members. Inquiry into whether an applicant for employment is a member of an organization which advocates the overthrow of the United States Government. hiring Requirement that an applicant for employment produce a birth or baptismal certificate. Inquiry into the religious denomination of an applicant for employment; his religious affiliations, his church, parish, pastor, or religious holidays observed. An applicant for employment may not be told: "This is a (Catholic, Protestant, or Jewish) organization." An applicant for employment may not be told: "Employees are required to work on Rosh Hashana, Yom Kippur, and Good Friday." Inquiry into the color of an applicant for employment. Requirement that an applicant for employment annex a photograph. Inquiry whether an applicant for employment is a naturalized or nativeborn citizen; the date when applicant acquired citizenship; whether the applicant's parents or spouse are naturalized or native-born citizens of the United States; the date when such parents or spouse acquired citizenship. Requirement that an applicant for employment produce his naturalization papers or first papers. Inquiry into the lineage of an applicant for employment, his ancestry or national origin. Inquiry into the location outside of the United States of places of business of relatives of an applicant for employment. Inquiry into the place of residence of the parents, spouse, or other close relatives of an applicant for employment. Inquiry into the maiden name of the wife of a male applicant for employment and/or inquiry into the maiden name of the mother of a male or female applicant for employment. Inquiry into the foreign nilitary experience of an applicant for employ ment. Requiring before employment exhibition of a discharge from military service. Inquiry into the whereabouts of an applicant for employment during the First World War, i. e., during the period from 1914 to 1919. Inquiry into the organizations of which an applicant for employment is a member the name or character of which indicates the religion, race, o national origin of its members. Revised July 1, 1947. 65936-47-46 MASSACHUSETTS FAIR EMPLOYMENT PRACTICE COMMISSION. Senator DONNELL. Congressman, I won't take your time if you don't locate it readily. Mr. RANKIN. It is in this speech. Senator IVES. I will say this: If such a charge has been leveled, it is a very serious charge, and I want to know about it. Mr. RANKIN. I want to find it, because there are only three States that passed this law-New York, Massachusetts, and New Jersey. Senator IVES. With Connecticut and Indiana added. Mr. RANKIN. I don't think so. I want to particularly call your attention to the end of the speech that I made on the so-called FEPC in Washington. One member from one of those States-I was under the impression it was New York, but it might have been Massachu setts Senator SMITH. I find what you quoted right on the first page, the second column: A man from New York said to me this morning, "You know this measure is being operated in New York simply by failure to operate it." Mr. RANKIN. That is right. Senator DONNELL. Would he have any objection to the use of his name, Congressman? Mr. RANKIN. I didn't give his name then. He didn't authorize me to do it, and I won't give it now. Senator DONNELL. We are not asking you to violate any confidence, Congressman. Mr. RANKIN. But I will ask you to do this. I get the same reaction from other Members Senator DONNELL. Other Members from New York? Mr. RANKIN. Other Members from New York; and especially the Republican Members from New York. Now, I told you awhile ago that the Negro depends for his happiness, his prosperity, and his protection on the peaceful relationship with the people among whom he lives. These agitators who are constantly bombarding for this bill, constantly bombarding us through PM and the Communist Daily Worker, have also gone down and started up race trouble all over the South. With what result? With the result that they have done the Negroes more injury than they could have done in any other way. If this bill is passed-you can talk about enforcing it in the Southern States-but if this bill is passed you will simply intensify the race trouble that these agitators are stirring up down there, and that is now being rapidly transported to the Northern States. I want to say to you, Senators, that with all deference to you gentlemen from the North, you are going to have a great deal more race trouble in the future than we are, and this legislation will intensify it. Senator ELLENDER. Or than we have had in the past. Mr. RANKIN. Or than we have had in the past. Let race trouble happen at home and what we do is rush to their defense and protect them. Look at the riot in Detroit 2 or 3 years ago. They didn't kill 30 Negroes in that riot. They killed over 700. A Negro from my county operated a band up there, I believe at Saginaw. Of all the natural musicians in the world the Negro leads them all. This Negro had a band with 17 members in it. They were playing on Belle Isle the day that riot started. That riot was kicked up by the Communists, and when the whites got started they killed Negroes so fast that this Negro saw he was in danger and took his band and started home. He lived up-State, at Saginaw, I think. They got in a bus and when it pulled up in front of the hotel in Detroit the mob raided the bus and killed every single one of them. That Negro's father is a tenant farmer in my county now. That could not have happened at home; and yet they have with all this agitation attempted to start race trouble between the whites and blacks in the South. Everyone with any sense at all knows those regulations were not written for the protection of the Negro. But you can take a Communist coming in here, such as we have exposed and are exposing now, and they can creep into a key position. The first thing you know we are likely to have a war. We don't know what will happen. I don't believe the decent American people will ever submit to communism. We know they have spies all over the country, just like the souvenir hunters who stole this technical data on the atomic bomb. That sounds puerile to me. Do you want a spy at the elbow of every man who operates a business in America in case trouble starts? Under this bill here you would have the same trouble you had under the old FEPC. Read the names and see who they are, who they put in charge of it, and who they put in charge of it in the States of Louisiana, New York, and Mississippi. No, sir; you are playing with dynamite that will do this country more harm than good and do the Negroes more harm than anything else that could happen to them. There are only four possible solutions of the race question: Deportation, extermination, amalgation, and segregation. That question has been debated ever since I have been in Congress. Deportation is out of the question. Extermination is too horrible to contemplate. Amalgamation is not going to happen, and the better element of the Negroes don't want it to happen. The only way they have ever got along with the white people over a long stretch of time has been in the Southern States through the segregation that we now have. The Governor didn't understand one of the questions asked awhile ago, asking about the educational institutions. The Negroes of my town today go to school in better schoolhouses than I went to school in when I was a boy. We have a Negro university, Alcorn College, for their education. We have Negro high schools all over the State and we give them as good facilities as our financial ability will permit, and we get along with them and have less trouble than any other place I know of, and to pass a bill of this kind with its far reaching implications, in my opinion will not only stir trouble there but Senator SMITH. I want to get this straightened out, Congressman. Does your State spend the same amount of money per child on colored as on the whites in the educational field? Mr. RANKIN. I don't think so. I am not familiar with that. Senator SMITH. I am so eager to see the same opportunity given and I would like to ask if you would agree with me that everyone in this |