Paul D. Moreno - From direct action to affirmative action: fair employment law and policy in America, 1933-1972
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From direct action to affirmative action: fair employment law and policy in America, 1933-1972
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From Direct Action to Affirmative Action : Fair Employment Law and Policy in America, 1933-1972
author
:
Moreno, Paul D.
publisher
:
Louisiana State University Press
isbn10 | asin
:
080712138X
print isbn13
:
9780807121382
ebook isbn13
:
9780585300139
language
:
English
subject
Discrimination in employment--Law and legislation--United States--History.
publication date
:
1997
lcc
:
KF3464.M665 1997eb
ddc
:
344.7301/133
subject
:
Discrimination in employment--Law and legislation--United States--History.
Page iii
From Direct Action to Affirmative Action
Fair Employment Law and Policy in America. 19331972
Paul D. Moreno
Page iv
Copyright 1997 by Louisiana State University Press All rights reserved Manufactured in the United States of America First printing 06 05 04 03 02 01 00 99 98 97 5 4 3 2 1 Designer: Michele Myatt Typefaces: Stone Sans, Stone Serif Typesetter: Impressions Book and Journal Services, Inc. Printer and binder: Thomson-Shore, Inc.
Library of Congress Cataloging-in-Publication Data
Moreno, Paul D., 1965 From direct action to affirmative action : fair employment law and policy in America, 19331972 / Paul D. Moreno. p. cm. Includes bibliographical references and index. ISBN 0-8071-2138-X (alk. paper) 1. Discrimination in employmentLaw and legislationUnited StatesHistory. I. Title. KF3464.M665 1997 344.7301'133dc21 96-50168 CIP
Chapters 2, 3, and 4 make use of material from the author's article "Racial Proportionalism and the Origin of Employment Discrimination Policy, 193350," Journal of Policy History, VIII (Fall, 1996), copyright 1996 by Pennsylvania State Univeristy. Reproduced by permission of Pennsylvania State University Press. Chapter 4 was first published in somewhat different form as "Direct Action and Fair Employment: The Hughes Case," Western Legal History, VIII (Winter-Spring, 1995), 134.
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources.
Page v
To Joe and Connie with Love
Page vii
Contents
Acknowledgments
ix
Introduction
1
1 The Color-Blind Aspiration, 18651933
6
2 Racial Proportionalism in the 1930s
30
3 Establishing a National Antidiscrimination Policy
66
4 Proportionalism in the Fair Employment Era: The Hughes Case
84
5 Fair Employment in New York, 19451955
107
6 Fair Employment in New York, 19551965
135
7 The Federal Government and Fair Employment, 19441964
162
8 The Civil Rights Act of 1964
199
9 Past Discrimination: Title VII Development, 19651971
231
10 The Griggs Case
267
Bibliography
283
Index
307
Page ix
Acknowledgments
I wish to thank the workers and taxpayers of the United States, particularly those of New York and Maryland, for their support of my college education. I would like to thank my teachers at the State University of New York at Albany, particularly Richard Kendall and Warren Roberts, for instilling in me a love of history and inspiring me to research and write. Alfred A. Moss, Jr., of the University of Maryland, and Jennifer Roback of the George Mason Center for the Study of Public Choice read the manuscript and offered much valuable criticism. Above all, I am grateful to Herman Belz for his friendship, advice, criticism, and encouragement. I would like to thank the staff of the Library of Congress, the New York, Maryland, and California state archives, and the New York State Division for Human Rights for their help. My wife, Lisa, read, edited, and improved the manuscript, and made the whole enterprise worthwhile. I dedicate the work to my parents who made it all possible.
Page 1
Introduction
A generation after the Civil Rights Act of 1964 outlawed racial discrimination in employment, the dominant interpretation of equality was that racial minorities and women should be represented at every level in the work force in some proportion to their representation in the labor market. Statistical differences are the measure of discrimination.1 In legal terms, this concept of discrimination is known as the "disparate-impact" theory of discrimination. The disparate-impact theory assumes that a statistically significant deviation between the proportion of minority group members in an employer's work force and the proportion of minority group members in the population constitutes prima facie proof of discrimination which, absent justification by the employer, establishes a violation of any or all of a number of federal, state, and local antidiscrimination laws.
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