179528 Original to City Clerk '
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ORDIN ) Z' 17�)
�,' • urn ", X1r
• ` / proved 4.` 13, MMit as ap ed:;L O
PRESENTED BY �► T Pc4Tei4 is s e i j41:1. • / CJ
An • • nance approving rules and regulations relative to
lawful and unlawful employment inquiries and application
form items, adopted by the Fair Employment Practice
Commission pursuant to Ordinance No. 10456, approved
January 13, 1955, as amended.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That the rules and regulations relative to lawful
and unlawful employment inquiries and application form items,
adopted by the Fair Employment Practice Commission of the City of
Saint Paul pursuant to Section 7(f) of Ordinance No. 10456,
approved January 13, 1955, and set forth hereinafter, shall be
and hereby are approved by the Common Council of the City of
Saint Paul.
(a) Name. It shall be deemed lawful to ask an
applicant for information relative to maiden name; any
names (if different) used by applicant in criminal
proceedings, if any, any names used by applicant if
previously employed under different name. Any inquiry
into previous name of applicant where said name has
been changed by legal proceedings, or any inquiry into •
previous names other than those inquiries cited as
lawful" shall be deemed to be unlawful.
(b) Address. It shall be deemed lawful to inquire
as to place and length of current and previous residences
of applicant in the United States. It shall be deemed
unlawful to inquire into foreign addresses which would
indicate national origin.
(c) Birthplace. Any inquiry as to place of birth shall
be deemed to be unlawful.
(d) Religion - Creed. It shall be deemed lawful to
tell said applicant the work days `involved in the position
for which said applicant is applying, such as "Monday through
Friday." It shall be deemed unlawful to tell said applicant
Q ., 7 that the employing organization or its employees are members
of a specific faith or group:; or to make any. ingUiry to
+la ndicate or identify religious denomination, preference
%' u • , customs of said applicant.
0
k, �(e) Race - Color. It shall be deemed unlawful to,�make
any inquiry which would indicate race, color of skin, or
complexion of said applicant.
�.. 1 (f) Photographs. It shall be deemed unlawful to require
or request a photograph of applicant before hiring; photo-
graphs may lawfully—be required or requested only after
hiring, for identification purposes.
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Marzitelli in Favor
Mortinson
Peterson Against
Rosen •
Mr.President (Dillon) Approved:
Attes j 194...,..41.......
(City Clerk Mayor
1M /6 8
Hai.:ieate to Printer .
ORDINANCE t79128
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
An ordinance approving rules and regulations relative to
lawful and unlawful employment inquiries and application
form items, adopted by the Pair Employment Practice
Commission pursuant to Ordinance No. 10456, approved
January 13, 1955, as amended.
THE COUNCIL OF THE CITY OF SAINT PAUL DES ORUIIN:
Section 1. That the rules and regulations relative to lawful
and unlawful employment inquiries and application form items,
adopted by the Pair Employment Practice Commission of the City of
Saint Paul pursuant to Section 7(f) of Ordinance No. 10456,
approved January 13, 1955, and set forth hereinafter, shall be
and hereby are approved by the Common Council of the City of
Saint Paul.
(a) Name. It shall be deemed lawful to ask an
applicant for information relative to maiden name; any
names (if different) used by applicant in criminal
proceedings, if any, any names used by applicant if
previously employed under different name. Any inquiry
into previous name of applicant where said name has
been changed by legal proceedings, or any inquiry into
previous names other than those inquiries cited as
"lawful" shall be deemed to be unlawful.
(b) Address. It shall be deemed lawful to Inquire
as to place and length of current and previous residences
of applicant in the United States. It shall be deemed
unlawful to inquire into foreign addresses which would
indicate national origin.
(c) Birthplace. Any inquiry as to place of birth shall
be deemed to be unlawful.
(d) Religion - Creed. It shall be deemed lawful to
tell said applicant the work days involved in the position
for which said applicant is applying, such as "Monday through
Friday." It shall be deemed unlawful to tell said applicant
that the employing organization or its employees are members
of a specific faith "or group; or to make any inquiry to
indicate or identify religious denomination, preference
or customs of said applicant.
(e) Race « Color. It shall be deemed unlawful to make
any inquiry which would indicate race, color of skin, or
complexion of said applicant.
(f) Photographs. It shall be deemed unlawful to require
or request a photograph of applicant before hiring; photo-
graphs may lawfully be required or requested only after
hiring, for identification purposes.
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Marzitelli in Favor
Mortinsan
Peterson Against
Rosen
Mr.President (Dillon)
Approved:
Attest:
nY
City Clerk Mayor
1M 6-56 oiMeo8
179528
/4° 6r
(g) Citizenship. It shall be deemed lawful to
inquire whether said applicant is a citizen of the
United States; and, if applicant is not a citizen,
it shall be deemed lawful to inquire whether he
intends to become a citizen of the United States.
It shall be deemed lawful to inquire if said
applicant's residence in the United States is
legal. it shall be deemed unlawful to inquire
whether said applicant is native-born or naturalized;
the date on which said applicant received United
States citizenship; to require proof of said
applicant's United States citizenship; or to make
any inquiry concerning citizenship which would
indicate national ()Agin.
(h) Language. It shall be deemed lawful to
inquire into applicant's language skills, i.e.,
which languages applicant can read, write, and
speak. It shall be deemed unlawful to make any
inquiry which, rather than to indicate knowledge
of, or skill in, a language, serves to identify
national origin or ancestry of applicant,
the language spoken at home, or the language-
. spoken by applicant's parents.
(i) Education. It shall be deemed lawful to
inquire as to the extent of applicant's education,
and as to names and .places of schools attended. It
shall be deemed unlawful to make any inquiry which
would specifically ask the nationality, racial or
religious affiliation of any school attended by
applicant.
(j) National Origin. It shall be deemed unlawful
to make any inquiry into applicant's national origin
or ancestry, or national customs observed by said
applicant.
(k) Relatives. it shall be deemed unlawful to
make any inquiry concerning applicant's relatives
which would be unlawful if made concerning said
applicant,
(1) Organizations and activities. It shall be
deemed lawful to ask said applicant to enumerate
any organizations or activities in which he is
participating or in which he has engaged in the
past, other than those inquiries designated as unlawful;
or to inform said applicant that he may voluntarily
enumerate any organizations or activities in which he
is participating ox in which he has engaged in the past.
it shall be deemed to be unlawful to make any inquiries
as to organizations and activities in which said appli-
cant is participating nr may have engaged in the past
which would indicate said applicant's religious creed,
race, or national Origin.
Huf.Itcate to Printer . -
ORDINAN' CE t79:€28
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO.
An ordinance approving rules and regulations relative to
lawful and unlawful employment inquiries and application
form items, adopted by the Fair Employment Practice
Commission pursuant to Ordinance No. 10456, approved
January 13, 1955, as amended.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That the rules and regulations relative to lawful
and unlawful employment inquiries and application form items,
adopted by the Fair Employment Practice Commission of the City of
Saint Paul pursuant to Section 7(f) of Ordinance No. 10456,
approved January 13, 19550 and set forth hereinafter, shall be
and hereby are approved by the Common Council of the City of
Saint Paul.
(a) Name. It shall be deemed lawful to ask an
applicant for information relative to maiden name; any
names (if different) used by applicant in criminal
proceedings, if any, any names used by applicant if
previously employed under different name. Any inquiry
into previous name of applicant where said name has
been changed by legal proceedings, or any inquiry into
previous names other than those inquiries cited as
"lawful" shall be deemed to be unlawful.
(b) Address. It shall be deemed lawful to inquire
as to place and length of current and previous residences
of applicant in the United States. It shall be deemed
unlawful to inquire into foreign addresses which would
indicate national origin.
(c) Birthplace. Any inquiry as to place of birth shall
be deemed to be unlawful.
(d) Religion -. Creed. It shall be deemed lawful to
tell said applicant the work days involved in the position
for which said applicant is applying, such as '*Monday through
Friday.` It shall be deemed unlawful to tell said applicant
that the employing organization or its employees are members
of a specific faith or group: or to make any inquiry to
indicate or identify religious denomination, preference
or customs of said applicant.
(e) Race . Color. It shall be deemed unlawful to make
any inquiry which would indicate race, color of skin, or
complexion of said applicant.
(f) Photographs. It shall be deemed unlawful to require
or request a photograph of applicant before hiring; photo-
graphs may lawfully be required or requested only after
hiring, for identification purposes.
Yeas Councilmen Nays Passed by the Council
DeCourcy
Holland
Marzitelli In Favor
Mortinson
Peterson Against
Rosen
Mr.President (Dillon)
Approved:
Attest:
�T
City Clerk Mayor
1M 6-66 8
• 179,528
. .
/0rT
(g) Citizenship. It shall be deemed lawful to
inquire whether said applicant is a citizen of the
United States; and, if applicant is not a citizen,
it shall be deemed lawful to inquire whether he
intends to become a citizen of the United States.
It shall be deemed lawful to inquire if said
applicant 's residence in the United States is
legal. It shall be deemed unlawful to inquire
whether said applicant is native-born or naturalized;
the date on which said applicant received United
States citizenship; to require proof of said
applicant 's United States citizenship; or to make
any inquiry concerning citizenship which would
indicate national origin.
(h) Language. It shall be deemed lawful to
inquire into applicant 's language skills, i.e. ,
which languages applicant can read, write, and
speak. It shall be deemed unlawful to make any
inquiry which, rather than to indicate knowledge
of, or skill in, a language, serves to identify
national origin or ancestry of applicant, e.g. ,
• the language spoken at home, or the language
spoken by applicant's parents.
(i) Education. It shall be deemed lawful to
inquire as to the extent of applicant 's education,
and as to names and places of schools attended. It
shall be deemed unlawful to make any inquiry which
would specifically ask the nationality, racial or
religious affiliation of any school attended by
applicant.
(j) National Origin. It shall be deemed
unlawful l
�� to make any inquiry into applicant 's national origin
or ancestry, or national customs observed by said
applicant.
(k) Relatives. It shall be deemed unlawful to
make any inquiry concerning applicant 's relatives
which would be unlawful if made concerning said
applicant.
(1) Organizations and activities. It shall be
deemed lawful to ask said applicant to enumerate
any organizations or activities in which he is
participating or in which he has engaged in the
past, other than those inquiries designated as unlawful;
or to inform said applicant that he may voluntarily
enumerate any organizations or activities in which he
is participating or in which he has engaged in the past.
It shall be deemed to be unlawful to make any inquiries
as to organizations and activities in which said appli-
cant is participating or may have engaged in the past
which would indicate said applicant's religious creed,
race, or national origin.
-2-
Orislnsl to City Clerk • -
- ORDINANCE 179528
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO. tiO tO ' 3
Section 2. The items listed in Section 1 hereof are neither
all-inclusive nor all-exclusive. Consequently, any inquiry which,
although not specifically listed among said items, is designed
to indicate information as to national origin, ancestry,
religious creed, race or color, in violation of Section 5(c) of
Ordinance No. 101.56, approved January 13, 1955, is lereby deemed
to be unlawful.
Section 3. Lawful information required by a Government
agency, for such reasons as national security, shall be excluded
from the rules set forth herein, where withholding such informa-
tion would be unlawful.
rT Section 4. Any inquiry or item of information which
pertains to a bona fide job requirement may be declared exempt
from the rules set forth herein and in Section 5(c) of Ordinance
No. 10456, upon request to and permission of the Fair Employment
Practice Commission.
Section 5. This ordinance shall take effect and be in
force thirty days after its passage, approval and publication.
•
SEP 2 81956
Yeas Councilmen Nays Passed by the Council
DeCourcy /J
Holland
/
Marzitelli In Favor
Mortinson
Peterson 6 Against
Rosen 2 19
Mr.President (Dillon) sip
.Approv
Atte-411 / , /i ilifFIZI Z°Ilzeit
City Clerk Mayor
lns 6. . g
_3_ PUBLISHED/O- to....s.-4,
An ordinance to prohibit discriminatory practices in employment and
in labor unions, based upon race, color, religious creed, national
origin or ancestry; defining unfair practices as unlawful acts;
creating a Fair Employment Practice Commission; prescribing its
duties and powers and providing procedures; and prescribing penal-
ties for the violation of this ordinance.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. FINDINGS AND DECLARATION OF POLICY:
(a) Discrimination in public and private employment on the grounds of
race, religious creed, color, national origin, or ancestry may substantially
and adversely affect the general welfare, public health and good order of
this city.
(b) Such discrimination in employment tends unjustly to subject groups
of inhabitants of any city to depressed living conditions thereby causing
injury to the public safety, general welfare and good order of any city and
endangers the public health thereof.
(c) Such discrimination in employment and the resulting effect on the
community and the inhabitants thereof, tend to impose substantial financial
burdens on the public revenue for the relief and amelioration of conditions
so created.
(d) Experience has proved that legislative enactment prohibiting such
discrimination in employment tends to remove and ameliorate such conditions
and promote the general welfare and good order of any city.
(e) The right of every inhabitant of this city to employment opportuni-
ties without being subjected to such discrimination in employment is hereby
declared to be a civil right.
(f) This ordinance shall be deemed an exercise of the police power of
this city for the protection of the public welfare and health and peace of the
inhabitants thereof.
Section 2. DEFINITIONS:
(a) The words "discriminate", "discriminates", or "discrimination", where-
ever used in this ordinance, are hereby defined and declared to mean and include
discrimination or segregation on the ground or because of race, religious creed,
color, national origin, or ancestry.
(b) The word "employer" wherever used in this ordinance, is hereby de-
fined and declared to include only employers of two or more employees within
the City of Saint Paul, but does not include sectarian or religious organiza-
tions when religion may be a bona fide- qualification for employment, nor those
who employ domestics exclusively for employment in a private home.
(c) The word "employee" wherever used in this ordinance, is hereby
defined to include all persons who work for wages, salary, or commission in
the service of an employer, except those engaged in domestic service in a
private home, or those engaged in employment by an organized religious con-
gregation, society, or institution when religion may be a bona fide qualifi-
cation for employment; provided such selection is not based upon race, color,
national origin or ancestry.
(d) The term "labor union" shall mean any organization of employees
which exists for the purpose, in whole or in part, of collective bargaining
or of dealing with employers concerning grievances or terms or conditions of
employment.
(e) The term "employment agency" wherever used in this ordinance, is
hereby defined as any person, company, partnership, association, or corpora-
tion which undertakes, with or without compensation, to procure opportunities
to work or to procure, recruit, refer or place employees.
Section 3. CITY EMPLOYMENT:
It shall be an unfair practice for any head of department, official, or
agent or employee of the City of Saint Paul, or of the Board of Education of
the City of Saint Paul, or of any department thereof, acting for or on behalf
of said City or said Board, in any matter involving employment by said City or
said Board, to discriminate against any person otherwise qualified, in employ-
ment or in tenure, terms or conditions of employment; or to discriminate in
promotion or increase in compensation; or to publish offers of or to offer em-
ployment based upon such discrimination; or to adopt or enforce any rule or
employment policy which discriminates between employees or prospective employees;
or to seek information relative to race, religious creed, color, national origin
or ancestry from any person or employee as a condition of employment, tenure,
terms, or in connection with conditions of employment, promotion or increase in
compensation; or to discriminate in the selection of personnel for training.
Section 4. CITY CONTRACTS:
The City of Saint Paul and all of its contracting agencies and departments
thereof shall include in all contracts hereafter negotiated, a provision obli-
gating the contractor not to discriminate against any employee of, or applicant
for employment with, such contractor in the City of Saint Paul, and shall re-
quire such contractors to include a similar provision in all subcontracts re-
quiring employment within the City of Saint Paul.
Section 5. UNFAIR EMPLOYMENT PRACTICES PROHIBITED:
*(a) It shall be an unfair practice for any employer, labor union, or
person within said City to discriminate against any person in connection with
any hiring, application for employment, tenure, promotion, upgrading, increase
in compensation, layoff, discharge, terms and conditions of employment.
*Section 5 (a) as amended, April 4, 1956.
-2-
•
(b) It shall be an unfair practid4 for any person, firm or corporation
engaged in the business of or acting as an employment, referral, or vocational
placement agency or bureau within said City, to discriminate against any per-
son in connection with any application for employments referral for employment,
hiring, tenure, terms or conditions of employment.
(c) It shall be an unfair practice, with respect to employees covered by
this ordinance within said City, for any employer covered by this ordinance, or
labor union, or any person, firm or corporation engaged in the business of or
ating as an employment, referral or vocational placement agency or bureau, or
any agency engaged in whole or in part in the investigation of applicants for
employment or in the investigation of employees, to include in any application
form or biographical statement relating to employment, any question or state-
ment designed to elicit or record information concerning the race, religious
creed, color, national origin, or ancestry of the applicant. However, this
section shall not prohibit any employer from securing, or any employee from fur-
nishing, information concerning the national origin or ancestry of an employee
or applicant for employment when such information has been required by the
Government of the United States, the State of Minnesota, or any political sub-
division thereof, for the purpose of national security.
(d) It shall be an unfair practice for any labor union within said City
to discriminate against any person with respect to membership in a labor union
as defined in Section 2 (d) of this ordinance.
(e) It shall be an unfair practice for any employer, employment agency,
or labor union, prior to employment or admission to membership to cause to be
printed, published or circulated any notice or advertisement relating to employ-
ment or membership indicating any preference, limitation, specification or dis-
crimination based upon race, color, religion, national origin or ancestry.
(f) It shall be an unfair practice for any employer, employment agency,
labor union, or investigating agency to penalize or discriminate in any manner
against any individual because he has opposed any practice forbidden by this
ordinance or because he has made a charge, testified or assisted in any manner
in any investigation, proceeding or hearing thereunder.
Section 6. FAIR EMPLOYMENT PRACTICE COMMISSION:
(a) There is hereby created a permanent Fair Employment Practice Commission
which shall consist of a chairman and four other members to be appointed by the
Mayor and to be confirmed by the Council. The first chairman shall be appointed
for a term of five years and the remaining four members shall be appointed for
terms respectively for four years, three years, two years, and one year. Each
of said appointees shall serve for his respective term and until the respective
successor has been appointed and has assumed office. After the expiration of the
initial term, each of the members shall be appointed and shall serve for a five
year term and until his respective successor has been appointed and has assumed
office. Any member of the Commission may be removed by the Mayor upon notice and
hearing for neglect of duty, misconduct or malfeasance in office. All members of
the Commission shall serve without compensation.
(b) To qualify for appointment to membership on the Commission a person
shall meet at least the following minimum qualifications: he or she shall be
not less than 30 years of age and have been a resident and registered voter in
the City of Saint Paul for at least five years.
-3-
•
Section 7. POWERS AND DUTIES OF THE COMMLSSION:
The Commission is granted the following powers and charged with the duties
of:
(a) Effectuating the purpose and policies of this ordinance.
(b) To meet at any place within the City Hall and Court House approved by
the City Council.
*(c) At such times as deemed necessary to appoint personnel subject to
Council approval, and at a salary fixed by the Council. The position of execu-
tive secretary shall be exempt from Civil Service classification in accordance
with Section 100 of the Charter.
(d) Promoting cooperation among all groups for the purpose of effectuating
the purposes and policies of this ordinance.
(e) Conducting studies concerning discrimination in employment and related
problems.
(f) To adopt, promulgate, amend and rescind suitable rules and regulations
to carry out the provisions of this ordinance and the policies and practice of
the Commission in connection therewith, subject to the approval of the Council.
(g) To receive complaints of violations and investigate into the merits
thereof; to hold hearings on said complaints, as provided in Section 9 hereof,
and thereafter to certify and recommend to the City Corporation Counsel the pro-
secution of those complaints which, in the judgment of said commission, are
deemed to be violations of this ordinance. Nothing contained in this section
shall be construed to limit the right of the complainant to make and file a com-
plaint without such certificate or recommendation by the said commission, nor to
preclude, abridge, nor restrict the right of appeal or the right of any one
concerned or affected to a full hearing of the facts and issues in the courts of
competent jurisdiction on the evidence and merits in any matter involved. Any
such proceeding shall not be one of review only.
(h) To make reports of its activities to the City Council annually or more
often as requested by the City Council.
Section 8. PENALTY:
(a) An "unfair practice," as used in this ordinance, is hereby declared to
be an unlawful act.
(b) Any person, firm, corporation, labor union, association, or employment
agency, whether acting in an official capacity or in a private capacity, who
commits an "unfair practice" as defined herein, is guilty of a misdemeanor and
subject to the penalties therefor according to law.
•
*Section 7 (c) as amended, November 22, 1955.
-4-
Section 9. PROCEDURES:
(a) Any person claiming to be aggrieved by an alleged unfair practice
may file with the commission a signed complaint in writing which shall state
the name and address of the employer, labor union or employment agency or
other person (herein referred to as the respondent) alleged to have committed
the unfair practice complained of and shall set forth the particulars thereof
and such other information as may be required.
(b) If such commission shall determine after investigation that probable
cause exists for crediting the allegations of the charge, it shall immediately
endeavor to eliminate the unfair practice complained of by conciliation and
persuasion. The members of the commission and its staff shall not disclose
what has transpired during the course of such endeavors, except as herein
authorized by the other provisions of this ordinance. If the commission shall
determine after investigation that no probable cause exists to credit the alle-
gations of the charge, the commission shall within ten days from the date of
such determination, cause to be issued and served upon the complainant and the
respondent written notice of such determination.
(c) If the commission fails to eliminate such unfair practice by concili-
ation, the commission shall serve upon the respondent a formal complaint requir-
ing said respondent to answer such complaint at a public hearing before the
commission at a place therein fixed to be held not less than ten (10) days after
the service of said complaint. The respondent shall have the right to file an
answer and to appear at such hearing in person or by attorney or otherwise and
to examine and cross-examine witnesses. If, upon all the evidence, the commis-
sion shall determine that the respondent has engaged or is engaging in an unfair
practice, the commission shall state its findings of fact and shall render such
recommendations as the findings warrant. If, upon all the evidence, the commis-
sion shall fail to find that the respondent has engaged in an unfair practice,
the commission shall so state in its findings and shall issue and serve upon the
complainant and respondent an order dismissing said complaint. In the event the
respondent refuses or fails to comply with any recommendations issued by the
commission, the commission shall then proceed in accordance with the provisions
of Section 7 (g) hereof.
Section 10. SEVERABILITY:
If any provision of this ordinance or the application of such provision to
any person or circumstance shall be invalid, the remainder of such ordinance or
the application of such provision to persons or circumstances other than those
to which it has been held invalid shall not be affected thereby.
Section 11. EFFECTIVE DATE:
*This ordinance shall take effect and be in force 30 days after its passage,
approval, and publication.
*Approved, January 13, 1955.
-5-
•
•
CITY OF ST. PAUL HERBERT S. HENEMAN, Jr.
Chairman
•FAIR EMPLOYMENT PRACTICE COMMISSION WALTER E. NELSON
1700 City Hall and Court House CARL HENNEMANN
MILTON GRAY
St. Paul 2, Minnesota
MRS. ALLIE MAE HAMPTON
CApital 4-4612, Ext. 398
DANIEL G. JACOBOWSKI
Executive Secretary
8
The Honorable Joseph E. Dillon, Mayor, and August 1, 1956
Members of the City Council
City of Saint Paul, Minnesota
Dear Honorable Sirs and Madam:
In recognition of the public duty and responsibility we owe to you and to the
City, and in accord with Section 7 (h) of the Ordinance establishing the Fair Employ-
ment Practice Commission, herewith is submitted our First Annual Report, highlighting
our activities and experiences of the first official year of operation.
Since the initial Commission appointments were received in July, 1955, we deem
it opportune and appropriate to submit a report to you at this time. However, this
is not an "annual" report in the strict sense of the word, since the actual operation
and administration of the Ordinance dates back only to November, 1955, when the Corry
mission's office was first opened, upon selection of its executive secretary.
The establishment of a Fair Employment Practice Commission is a new venture, a
new function which the City has undertaken, for which no local precedent existed from
which guidance could be obtained. Consequently, in submitting this report, the Com-
mission invites frank and constructive criticisms from the Council and from the public,
and solicits your earnest counsel and guidance.
Respectfully submitted,
CITY OF SAINT PAUL
FAIR EMPLOYMENT PRACTICE COMMISSION
Herbert G. Heneman, Jr., Chairman
Walter E. Nelson
Carl Hennemann
Milton Gray
Allie Mae Hampton
Daniel G. Jacobowski
Executive Secretary
TABLE OF CONTENTS
Page
Y .
CHAPTER 1. A POSITIVE OUTLOOK 1
CHAPTER 2. HISTORICAL NOTES 2
- Passage of the St. Paul Ordinance
- Through Co-operative Effort
- Establishment of Commission
CHAPTER 3. EDUCATION AND PROGRAM ACTIVITIES 4
- Selection of Executive Secretary
- Legal Matters
- Rules and Regulations
- Communication and Education
- Contacts and Co-operation
- Relation with Minnesota Commission
- Distribution and Exchange of Information
- Publicity
CHAPTER 4. REGULATORY ACTIVITIES - CASES 10
- Procedural Steps in the Handling of Cases
- Categories of Respondents
- Unfair Practices Alleged
- Type of Jobs Involved
- Techniques of Investigation
- Commission Determination
- Techniques of Conciliation
- Case Dispositions
CHAPTER 5. BUDGET 16
CHAPTER 6. GOALS AND ACHIEVEMENTS 17
- Point by Point
- The Future
APPENDIX
- Sample Complaint Form
- Rules: Lawful & Unlawful Employment Inquiries
& Application Form Items
CHAPTER 1. A POSITIVE OUTLOOK
The Commission, in implementing the Ordinance, has been guided by certain philo-
sophical perspectives directed toward accomplishment of the purposes contemplated by
the Ordinance.
The Commission has not been unmindful that the intent of the legislation under
which it acts and the stated declaration of policy of the Ordinance may be somewhat
strange, or novel, or in some limited cases entirely unknown to certain of those whose
practices may be in violation of its terms or to those whose rights may have been vio-
lated. For that reason, the educational program of the Commission conducted along
with the implementation of the investigatory and enforcement provisions of the law in
the early stages of administration have both been with the view of fully apprising all
subject personnel of the existence of the law, the obnoxious and nefarious practices
that it seeks to eliminate, and the means whereby such practices may be eradicated for
the ultimate general and economic welfare of our city.
At no time has the Commission sought out nor employed harassing tactics, nor by
its own conduct initiated proceedings, nor otherwise assumed the role of whipmaster.
On the other hand, the Commission has extended every effort towards co-operation with
those making complaint and seeking redress under the law as well as with those com-
plained against, and has refused to be dilatory or passive in any case where stubborn-
ness has been indicated on the part of the party against whom complaint has been
filed.
It is felt that with time and experience there will be developed extensive fa-
miliarity with the awareness of 'the Ordinance and, of even greater importance, that
the FEP Commission will be recognized as the agency whereby and through which the
people of St. Paul can harmoniously and effectively work and live together in a spirit
of co-operation that condemns and gives no sanction to "unfair practices" or dis-
crimination "on the ground of or because of race, religious creed, color, national
origin or ancestry."
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CHAPTER 2. HISTORICAL NOTES
Passage of the St. Paul Ordinance -
Growing recognition and concern over the principles of fair employment prac-
tices is evidenced by the number of localities which have passed legislation on this
matter. To date approximately fifty such local laws can be counted throughout the
nation, of which fifteen are state statutes. In Minnesota, four such laws now exist:
there is a state act, and in addition, the three largest cities of Minneapolis, St.
Paul, and Duluth have enacted local ordinances on fair employment practices.
In the City of St. Paul, despite defeat of several earlier attempts, passage of
an ordinance establishing the Fair Employment Practice Commission finally became a
reality in January, 1955. Only eight or nine years previous, a strong move by local
citizens for passage of such legislation was unsuccessful, in spite of the fact that
similar legislative proposals were then undergoing strong debate ins Congress,ordinance
Through did :
spite of the fact that Minneapolis subsequently, in 1947. pass
Through Co-operative Effort -
Success in the final passage of the St. Paul Ordinance was achieved through the
combined efforts of responsible city officials, various community groups and organi-
zations, and the untiring devoted efforts of many individuals. While any listing of
organizations and individuals who furnished their support would never be complete,
and apologies are offered to those not noted in this report, perhaps, at least men-
tion should be made of the organizations who were represented by the FEPC Ordinance
Committee, a body of local citizens who actively struggled for passage of the
Ordinance:
St. Paul Branch, NAACP
Minnesota State Conference, NAACP
Ashlar Lodge (Masons)
Brotherhood of Sleeping Car Porters
North Central Civic Club
Dining Car Employees Union, Local 516
St. Paul Jewish Council
St. Paul C.I.O. Council
St. Paul Trades and Labor Assembly
St. Paul Urban League
St. Paul Council on Human Relations
Ministerial Alliance
• Maxwell School P.T.A.
Frontiers of America
United Packing House Workers of America, C.I.O.
American Veterans' Committee
Anti-Defamation League of B'nai Btrith
-2-
Establishment of Commission -
It was in July, 1955, that the first Commission of five members was appointed by
the Mayor, and in accord with the Ordinance, their terms initially were for five,
four, three, two, and one years, respectively; thereafter each subsequent appointment
to be for five years.
In November of 1955, the Commission opened the doors of its new administrative
offices upon the selection of its executive secretary. Consequently, it is only
since November, 1955, that operation and administration of the Ordinance can be
adequately measured. Since its initial meeting in July, 1955, the Commission has
totaled at least fifteen official meetings, convening at least once each month, and
more frequently on occasion, as the needed attention to special problems required.
The Commission has conscientiously recorded all of its activities, maintaining a
complete file of the minutes of each meeting. Periodic reports are submitted to the
Commission by its executive secretary so that a close control and co-ordination may
be maintained.
-3-
CHAPTER 3.EDUCATION AND PROGRAM ACTMTIES
While the Ordinance outline:: the general duties of the Commission, and its
powers of enforcing and encourag:�ng compliance with the Ordinance, certain problems
have been encountered in the past year, problems distinct and specific, and as such,
merit a special focus of attention in this report. They are briefed in the following
paragraphs:
Selection of Exequtive SecretEry -
Since the Commission is an unpaid body, drawing no salary, and offering its
services gratuitously as conscientious citizens, one of the first tasks was to se-
lect a capable executive secretary, in accord with the terms of the Ordinance, to
perform the necessary administration of its affairs; subject, of course, to the Com-
mission's approval.
At the first meeting of the Commission on July 25, 1955, it wad Noted to hire a
paid secretary. It was also voted not to place the job under civil service for at
least one year. As the minutes show, the primary reason for this position was the
difficulty in making a formal job description. In addition, there was a desire to
secure the best qualified person possible, without limitation of present civil serv-
ice rosters, residence, and other strictures. Also, it was deemed desirable to have
the secretary be employed at the will of the Commission with the understanding that
he could be discharged at the will of the Commission. The purpose of this principle
in a new, relatively unknown job is obvious.
It was decided to publicize this opening widely, and it was decided to submit a
release to the local newspaper. A story stating that we were seeking professionally
qualified candidates appeared in the St. Paul Pioneer Press on July 26, 1955. A
one-month filing period was stipulated to allow for as large a number of applicants
as possible. In addition, Commission members called various possible candidates,
minority groups, and industrial relations people, seeking candidates.
At a meeting on September 7, in view of the limited number of applications re-
ceived, and the fact that the service of professional employment agencies had not
been employed, (e.g., the State Employment Service) it was decided to extend the peri-
od for applications to September 23, 1955. An additional news release was prepared
and contacts were made with appropriate employment agencies.
• At this meeting a general job description was prepared that said the secretary
"must be both professionally and personally qualified" and that "determination of
professional and personal qualifications will be made, at first, upon the joint
counsel of the Commission." (It is worthy of special mention that the Mayor and
Council made absolutely no suggestions in connection with any candidate or any of
-4-
•
•
the Commission's selection procedures.) In addition, it was agreed that as a first
basic principle, selection of a secretary should have the approval of a substantial,
majority rather than a bare majority of the Commission. This was deemed necessary
to promote most effective co-operation between the Commission and the secretary, and
to promote most effectively the purposes of the Ordinance. Insomuch as this is a
working, rather than advisory commission, this principle appeared appropriate.
Selection procedures may be described briefly as follows; Every member re-
ceived copies of each application and all letters of reference. Each Commission
member made personal checks upon applicants. Each member voted for those whom he
regarded as the five top candidates. These ballots were mailed to the Corporation
Counsel's office, and a notarized .tally presented. In addition, any member could
add to the interview list any applicant he deemed eminently qualified but not in-
cluded on the list. Several members made such additions. Interviews of candidates
were held with all Commission members in a body. All but one interview was con-
ducted in the same evening to insure fairness. Interviews took about thirty minutes
each.
In a secret ballot submitted in writing to the City Clerk, one candidate (of
three remaining) received a substantial majority. Then negotiations to secure the
candidate began, and after a period of several weeks, the present secretary was per-
suaded to take the job. In general, painstaking efforts of selection were taken to
seek the most qualified applicant for the position.
Legal Matters -
From time to time, various problems have arisen which warranted special legal
attention, and the Commission has drawn heavily upon assistance from the office of
the City Corporation Counsel for guidance in these matters and to secure legal
opinions as the occasion required. It was only after such careful considerations,
and after legal opinions were obtained, that the Commission reached decisions on
several important matters before it. In such a manner, did the Commission finally
reach a decision on its proper role of co-operation with the Minnesota Fair Employ-
ment Practices Commission. It was likewise after such concerted efforts, that the
Commission determined that the Ordinance as originally enacted contained a weakness
in Section 5 (a), and was able to successfully have approved by the City Council an
amendment whereby Section 5 (a) was broadened so as to apply not only to employers,
but also to others.
Rules and Regulations -
From the outset, the Commission has been conscious of the need of a well-drafted
set of rules and regulations, as a guide to those who might be affected by the
Ordinance, and as an aid and clarification to effectuating the purposes of the Act.
At the same time, it has been fully aware that it has been in existence for only a
brief period, and that its responsibilities constitute an entirely new function of
=5-
•
• the City. Consequently, rather than be hasty and premature in adopting rules, the
Commission has sought to take advantage of time for study and experience, so as to
be able to propose a set of rules which would adequately fit the needs of this lo-
. . cality.
For proposed rules the Commission has drawn its information from all possible
sources. A mass solicitation was made of all other Commissions throughout the
country, and their rules were carefully outlined and analyzed. Suggestions and
criticisms as to specific proposals were solicited from many local groups and indi-
viduals, including representatives of civic and community organizations, personnel
representatives of management, and labor leaders. In addition, contact has been
maintained with the Minnesota State Commission, to insure co-operation and consist-
ency wherever possible.
To date, the Commission has submitted one chapter of its proposed rules to the
City Council for approval - viz., "Lawful and Unlawful Employment Inquiries and
Application Form Items." The purpose of this particular set of rules is to furnish
employers and employment agencies, specific guides as to which items and inquiries
are consistent or inconsistent with the Ordinance. A copy of these rules can be
found at the rear of this report.
Communication and Education -
A task and responsibility which has been clearly recognized is that of commu-
nicating to the community the information of the principles of fair employment prac-
tices, educating them as to the contents of the law, and encouraging and enforcing a
compliance with it. This broad scope of communication is two-fold, toward the com-
munity in general, and to those specific organizations and persons who would most
likely be effected by the Ordinance. At the direction of the Commission, the execu-
tive secretary has sought to utilize every opportunity to accomplish these ends.
The Commission itself, or a representative thereof (in many instances, the
executive secretary), has partaken in many official functions and gatherings, such as
speaking engagements, panels and discussions, dinners, and workshop sessions. All of
which has contributed to aid in creating a growing community awareness of the prin-
ciples of fair employment practices, and provide for a discussion of the aims and re-
sponsibilities of all parties thereby concerned. Table 1 provides a breakdown of the
types of groups whose invitations the Commission has had occasion to honor:
-6-
TABLE 1. SCHEDULED APPEARANCES WERE MADE BEFORE THE FOLLOWING:
Labor Organizations
Employer Associations
Schools and Students
Fraternal, Social and Civic Groups
Employment Agencies
A total of twenty-nine such events have been recorded, in which the Commission
has been represented, and the Commission itself, in many instances, has been in-
strumental in promoting these events.
Contacts and Co-operation -
In addition, throughout the administration of its affairs, the Commission has
maintained contact and co-operation with many organizations, where personal and in-
formal exchange of ideas have gone a long way to build a strong community recogni-
• tion, awareness and acceptance of the principles of fair employment practices.
There has been a close spirit of co-operation and association with various civic
and private groups, which have a special interest in the elimination of discrimina-
tion, or which may be affected by the Ordinance.
A listing of these groups with which such contact has been maintained, not only
extends formal appreciation for the co-operation which has been furnished, but also
indicates the broad scope of the Commission's activities, in the recognition of its
responsibilities of communication and education. Table 2, below, lists the or-
ganizations with which such contact and co-operation has been maintained; apologies
are extended to any group which may have been inadvertently omitted.
TABLE 2. GROUPS WITH WHICH CONTACT AND CO-OPERATION HAS BEEN MAINTAINED
St. Paul Trades and Labor Assembly
American Indians, Inc.
Anti-Defamation League of B'nai B'rith
B'nai B'rith Youth Organization
Business and Professional Men's Association
• Conference of Commissions Against Discrimination
Governor's Human Rights Commission
Jewish Labor Committee
Joint Committee for Equal Opportunity
Midway Personnel Association
-7-
Minneapolis Branch, NAACP
Minneapolis Fair Employment Practice Commission
Minneapolis Mayor's Commission on Human Relations
Minneapolis Urban League
Minnesota Council on Indian Affairs
Minnesota Employment Agencies Association
Minnesota Jewish Council
Minnesota Lodge of B'nai B'rith
Minnesota State Conference of Branches, NAACP
National Association of Inter-Group Relations Officials
National Conference of Christians and Jews
St. Paul B'nai B'rith Women
St. Paul Branch, NAACP
St. Paul CIO Industrial Council
St. Paul Committee on Industrial Relations
St. Paul Council of Human Relations
St. Paul Council of Church Women
St. Paul Personnel Managers Association
St. Paul Urban League
St. Paul Urban League Guild
Third District Minnesota Nurses Association, Inc.
Twin Cities Personnel Managers Association
•
Twin City Chippewa Council
Wilson High School
Relation, with Minnesota State Commission -
While it has been previously noted that the Commission has had contact with
many other groups, including Fair Employment Practice Commissions of the State of
Minnesota and the City of Minneapolis, special mention should be made of the re-
lations with these latter two, and particularly, the State Commission, since the
State is the larger political unit of which St. Paul is a part. All three Commis-
sions - Minnesota, St. Paul, and Minneapolis - have co-operated wherever possible
on joint ventures and mutual problems. A very close relation has been maintained
with the State Commission on such matters as the handling of complaints, programs
of communication and education, and the drafting of rules. Because of the close co-
operation and co-ordination between the Commissions, a more effective coverage and
administration of the responsibilities involved in fair employment practices has
been insured.
-8-
•
Distribution and Exchange of Information -
The newness of the Commission, the press of its regulatory activities, and the
limitation of funds, have all served to limit the amount of literature and informa-
tion which could be distributed in the few months since the Commission has been in
existence. Nevertheless, it can be noted that over one-thousand copies of the
Ordinance on Fair Employment Practices have been distributed to interested and con-
cerned parties. In addition, the Commission has handled innumerable requests for
information of the Commission from other areas. In turn, solicitations have been
made to many other organizations and Commissions in other areas for information of
varied kinds, such as the consideration of rules and regulations.
Publicity -
Worthy of note is the amount of publicity which has been given the Commission in
recognition of its many activities. In this initial period, the Commission has not
overtly sought publicity, in the sense of attempting to reap laurels for its efforts,
but has concentrated very simply on a devoted adherence to effectuating the purposes
of the Ordinance, and laying a solid groundwork and base for future operations.
Approximately fifteen such articles have appeared in local publications, recognizing
various phases of the Commission's work, such as the appointment of the Commission
members, the selection of the executive secretary, and the adoption of an amendment
to the Ordinance. This written recognition has helped serve to inform and make the
public aware that the City is actively engaged in administering the responsibilities
of fair employment practices and is positively working toward achievement of the
goals outlined in the Ordinance.
.
-9-
•
CHAPTER 4. REGULATORY ACTIVITIES - CASES
Certainly the greatest amount of time and effort spent has been on cases re-
ceived by the Commission; and in treating of the types and analyses of these cases,
it should be borne in mind that the Commission has been in operation less than a
year, and the report thus actually covers approximately six months - at least in-
sofar as the handling of cases is concerned.
Procedural Steps in the Handling of Cases -
While this entire section deals with the details involved in the administration
of complaints, perhaps it is well here to briefly outline the procedural steps which
are involved, as set out in Section 9 of the Ordinance:
STEP 1 - Receipt of Complaint: A formal signed complaint is submitted to
the Commission by an aggrieved party alleging an unfair practice
of discrimination in violation of the Ordinance.
STEP 2 - Investigation: The pertinent circumstances are then investigated,
and all available evidence gathered, and all possibilities thereof
explored.
STEP 3 - Determination: After all available evidence is gathered, the
Commission, after exhaustive discussion and consideration, de-
termines whether or not the evidence supports "probable cause
to credit the allegations of the charge" of discrimination
made by the complainant.
At this point, depending on the Commission's determination, the
case is either closed or continued, and the parties so advised.
STEP 4 - Conciliation: If the Commission has determined that there is
"probable cause to credit the allegations of the charge" of dis-
crimination, the Commission immediately seeks to eliminate the
unfair practice alleged and to satisfactorily adjust the matter
of the complaint through methods of conciliation and persuasion.
STEP 5 - Public Hearing: If conciliation fails, the Commission next has
the power to conduct a public hearing, to issue findings of
fact, and recommendations thereon.
•
STEP 6 - Prosecution: If there is no compliance with the Commission's
recommendation in Step 5, it can then recommend the complaint
to the City Corporation Counsel's office for prosecution.
•
-10-
Number of Cases -
No pretense nor attempt is made to measure the success of the Commission and
its activities by the number of cases which have been received and handled. Statis-
tics of this sort can be deceiving, since for example, the handling of one important
case and problem may have far-reaching effects on an entire industry, and may serve
to eliminate countless other potential cases which otherwise might have arisen.
However, a simple report and analysis of the cases handled may give an indication of
the many and varied problems and successes the Commission has met with in this re-
gard.
TABLE 3. NUMBER OF CASES RECEIVED
Nos.
Cases with formal signed complaints 18 62
Cases without formal signed complaints 11
Total 29 100%
Table 3 indicates that as of July 1, 1955, a total of twenty-nine cases have
been processed. A formal complaint is one where there is an aggrieved party who
has signed and completed the regular complaint form, stating the particular circum-
stances of his case. On the other hand, cases have arisen where it is alleged that
the respondent is or may be guilty of an unfair practice, but where there is no
aggrieved party or, at least, not one who can be determined; or where the aggrieved
party does not wish to disclose his identity or press a charge.
Bases of Alleged Discrimination -
The bases or reasons of alleged discrimination in the cases received are out-
lined in Table 4 below. The vast majority of the cases were received from Negroes
who felt discrimination because of their color. It should be noted that only one
case arose because of religion, and only one stemmed from national origin, and even
this did involve color to a degree, the complainant being an Asiatic.
TABLE 4. ANALYSIS OF CASES AS TO BASIS OF ALLEGED DISCRIMINATION
No.
Color (Negro) 27 . 93
Ancestry (Asiatic) 1 3
Religion (Jewish) 1 3
Total 29 100%*
*Percentages throughout report are approximate.
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•
Categories of Respondents -
From Table 5 below, it will be seen that most of the cases submitted thus far
have involved private employers; however, this is not exclusively so.
TABLE 5. ANALYSIS OF CASES AS TO CATEGORIES OF RESPONDENTS
No.
Labor Unions 2 6
Government Agencies or Subdivisions 3 10
Employment Agencies 1 3
Private Firms and Employers 24 80
Total 30* 10
*NOTE: One case involved two respondents.
Further analysis is provided to show, that of the cases involving private firms,
the nature or type of industry involved.
TABLE 6. ANALYSIS OF CASES INVOLVING PRIVATE FIRMS
INDICATING NATURE OR TYPE OF INDUSTRY
No.
Manufacturing 12 50
Transportation 5 21
Retail Trade 5 21
Restaurants and Clubs 2 8
Total 24 1000%
Unfair Practices Alleged -
Section 5 of the Ordinance outlines specific "unfair practices" in violation of
the Ordinance, for which a respondent may be found guilty. In analyzing the cases as
to the types of unfair practices alleged, it can be seen that although the charges
vary, the great majority of cases stemmed from job applicants.
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TABLE 7. ANALYSIS OF CASES AS TO CIRCUMSTANCES
•
GIVING RISE TO ALLEGED UNFAIR PRACTICE
No• _�
- Job Applicants in Denial of Employment 21 72
Discharges and Suspensions 3 10
Working Conditions and Intimidation 3 10
Failure of Union to Represent 1 3
Admittance to Union Membership 1 3
Total 29 100%
Type of Jobs Involved -
Table 8 below illustrates the breakdown of the cases as to the type of job in-
volved, either for which the applicant applied, or in which the complainant was
employed at the time of the circumstance giving rise to the case. While most of
the cases involved jobs of the unskilled variety, this was not exclusively so.
TABLE 8. ANALYSIS OF CASES AS TO TYPE OF JOB INVOLVED
No. % . .
Unskilled (no special training nor experience required) 17 59
Semi-skilled (no special training required, but 7 24
generally high school or experience
- desired (including sales)
Office and Clerical 3 10
Skilled or semi-professional (training or education 2 7
and experience desired)
Total 29 100
Techniques of Investigation -
•
No set formula, routine, or procedure is necessarily followed in the investiga-
tion of any case. Nevertheless, a review of the past cases will reveal some dis-
cernible patterns involved. Of coarse, when any case is submitted, the complainant
must furnish all the particulars and circumstances surrounding the case of which he
is aware; involving such questions as the details of what is the unfair practice
alleged, the names of witnesses, the names of the allegedly guilty parties, etc.
The investigation itself is an attempt to gain the facts of the situation, which, in
turn, is dependent upon evidence obtainable. Securing this evidence may involve
contacting the respondent and his pertinent representatives, the individual witnesses
and parties aware of the respondent's policies and actual practices. The investiga-
tion may go so far as to include an examination of the respondent's pertinent
-13-
•
• records and the records of parties other than the respondent if they are pertinent.
In other words, every possibility and source of evidence is fully explored, in an
effort to determine the true facts of the situation.
Commission Determination -
When it appears that the investigation is complete, that a definite picture of
the situation exists, or if no further evidence is obtainable; the executive secre-
tary who has conducted the investigation, furnishes a complete and detailed report
of the case and the results of his investigation to the Commission. If the Commis-
sion is satisfied with which has been presented and feels that further investigation
is unnecessary or would be fruitless, the Commission, after careful study and anal-
ysis with mutual discussion, then makes its determination as to whether or not they
feel the evidence presents "probable cause" for a charge of an unfair practice of
discrimination in violation of the Ordinance against the respondent. If no "probable
cause" is found, the Commission advises the parties that such is its determination
until and unless additional evidence is presented. If, on the other hand, the Com-
mission has determined that "probable cause does exist to credit the allegations of
the charge" of discrimination against the respondent, the next step in the processing
of the case is then pursued, viz., that of conciliation.
Techniques of Conciliation -
Conciliation involves the process of peaceful attempts through conciliatory and
negotiable methods to have a respondent correct and eliminate the discriminatory
unfair practice with which he has been charged. As such, it has two aspects; that
of correcting and eliminating the total unfair practice and policy in general, and
also, that of adjusting satisfactorily the particular situation of the case.
During the course of the investigation, an obvious and open case of discrimina-
tion may present itself (in some cases may even be admitted by the respondent), and
the executive secretary at this time may be actually engaging in the conciliation
phase. More often, conciliation is begun after a full report has been presented to
the Commission, and a determination thereby is made by the Commission that there is
"probable cause" of a charge of discrimination against the respondent.
Conciliation has taken different form in each case where used. It may be con-
ducted by the executive secretary, under the Commission's direction and with its
guidance. On the other hand, in several cases the conciliation was conducted by the
Commission directly, by means of calling in the responsible parties to an informal
meeting with the Commission, where a mutual discussion of the entire situation has
resulted in a satisfactory adjustment of the individual case and a subsequent change
of policy by the respondent.
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Thus far, in all cases where it has been determined that "probable cause"
exists to support a charge of discrimination against the respondent, the cases have
been equitably and satisfactorily settled through conciliation. It has been the
experience of the Commission in all matters considered to date that concerted efforts
toward conciliation have done away with the necessity of a public hearing.
Case Dispositions -
Of the cases received thus far, termination of the case has been by either
withdrawal of the complaint, or a dismissal based on the Commissionts determination
that no "probable cause" of a charge of discrimination exists upon the evidence
available, or a satisfactory settlement through efforts of conciliation. At the
time of this report, certain cases have not been concluded, and are thus still pend-
ing for further investigation. Table 9 below outlines the various dispositions of
the total cases received to date.
TABLE 9. DISPOSITION OF CASES
No.
Withdrawn by the Complainant ' 4 14
Dismissed after Commission Determination of "No Probable Cause" 13 45
Cases in Conciliation or Where Conciliation Effected 8 28
Cases Pending - Investigation Not Yet Completed 4 13
Total 29 100%
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CHAPTER 5. BUDGET
Budget Allotment for 1956 $ 9500.00
Expenditures Through June, 1956 (1st 6 months)
- Salaries $ 4897.00
- Operating Expenses 878.32
- Total 5775.32.
Unencumbered Balance for Remaining 6 Months of 1956 $ 3724.68
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•
CHAPTER 6. GOALS AND ACHIEVEMENTS
It has been barely a year since the Commission was initially appointed; it has
been approximately only a half a year since its administrative office has been
opened. Success is difficult to measure at this time, therefore, and particularly
in a venture of this sort where much remains to be accomplished. Nevertheless, an
attempt can be made to evaluate the activities of the recent months and their effect
in accomplishing the purposes of the Ordinance.
At the very outset, the Commission established certain goals for itself, certain
items of the entire program to be achieved. Of necessity, one of the first, was the
selection of an executive secretary and the establishment of an office. Once this
was finally realized, the Commission then was free to continue work on the detailed
phases of its over-all program.
Point by Point -
In recognition of the responsibilities imposed by the Ordinance, the Commission
outlined for itself the various details of its program as it could foresee them, and
how it has sought to accomplish these ends is now reviewed in the following
paragraphs.
In contemplation of the adoption of a set of rules and regulations, it was
directed that a study be made of such rules by similar commissions throughout the
nation. Further, solicitation was to be made of local individuals and organizations
for their suggestions and recommendations in this regard. This has now been accom-
plished, and one phase of the rules has already been proposed, while a remaining
body of rules is under preparation.
In seeking co-operation and co-ordination with other organizations wherever
possible and appropriate, the executive secretary was instructed to become familiar
and work closely with as many of these groups and their representatives as possible.
This has been accomplished through participation in official functions, co-operation
on joint ventures, and through daily contacts of exchanging information, seeking
advice, and administering the Commission's affairs.
Communication being an essential portion of the Commission's task to inform the
community of the principles of fair employment practices and to promote and enforce
compliance with the Ordinance, the Commission outlined as another point of its pro-
gram, that of utilizing wherever possible, opportunities of speaking engagements,
panels, conferences, and the many types of group activities, to carry its message
forward. How this has been accomplished is adequately demonstrated in this report
by the number of functions and engagements in which the Commission has participated
or been represented.
-17-
•
•
•
As a government agency, the Commission has the responsibility of rendering an
account of its services and activities to the City Council and to the public. An
early goal cited, therefore, was the production of an annual report - and this re-
port, then, accomplishes this particular phase of the program.
The handling of cases and complaints was, of course, a most important phase of
the entire program; and while initially the number of cases and the amount of time
devoted to this phase could not be predicted, experience has demonstrated that this
has comprised the heaviest portion of the entire program, to which the most time has
been devoted.
The Future -
Toward the future, all phases of the program, as just enumerated, will be con-
tinued. Specifically, the remaining body of rules and regulations will be drafted
and submitted for approval. A body of information and education aids - such as
leaflets - will be produced. Sustained and continued efforts on communication will
be stressed, to inform all parties concerned of the scope and purposes of the
Ordinance, and at the same time promote compliance with it. Much yet remains toward
the final elimination of discrimination in employment and toward a complete adoption
of fair employment practices throughout the community - toward this goal, the
Commission fervently and positively dedicates itself and its efforts.
-18-
•
COMFI,,A TT FARM
CITY or SAINT PAUL
• FAIR EMPLOYMENT PRACTICE COMMISSION COMPLAINT NO.
1. COMPLAINT FILED BY ,
ADDRESS TELEPHONE
2. COMPLAINT FILED AGAINST
ADDRESS TELEPHONE.
3 DATE SUBMITTED 4. DATE OF ALLEGED DISCRIMINATION
5. REFERRED BY
6. BASIS OF DISCRIMINATION
7. STATEMENT OF COMPLAINT (BRIEFLY TELL WHAT THE COMPLAINT IS - TELL HOW THE
RESPONDENT HAS DISCRIMINATED)
4
USE REVERSE SIDE IF NECESSARY
SIGNED
DATE
CITY OF—SAINT PAUL
FAIR EMPLOYMENT PRACTICE COMMISSION
RULES LAWFUL & UNLAWFUL EMPLOYMENT INQUIRIES & APPLICATION FORM ITEMS
ITEM LAWFUL UNLAWFUL
1. NAME (a) Maiden name. ! (a) Inquiry into previous
names other than those
(b) Name used (if differ- inquiries cited as "lawful."
ent) in criminal pro-
ceedings, if any. (b) Inquiry into previous name
where it has been changed
(c) Name used if previously by legal proceedings.
employed under different
name.
2. ADDRESS Inquiry into place and length Inquiry into foreign addresses,
of current and previous resi- which would indicate national
dences in the U. S. origin.
3. BIRTHPLACE No inquiry allowed.
}
4. RELIGION - CREED Applicant may be told the (a) Arty inquiry to indicate or
work days involved, such as: identify religious denom-
Monday through Saturday. ination, preference, or
customs.
(b) May not be told this organ-
ization or its employees
are a member of a specific
faith or group.
5. RACE - COLOR Nothing. j Any inquiry which would indi-
cate race, color of skin, or
complexion.
6. PHOTOGRAPHS Allowed only after hire, Any requirement of photograph
for identification before hire or request of one.
purposes.
7. CITIZENSHIP (a) Whether a citizen. (a) I€ native born or natural-
• (b) If not, whether intend ! ized.
to become one. (b) Date citizenship received.
(c) If U. S. residence is (c) Proof of citizenship.
legal. (d) Any inquiry on, which would
indicate national origin.
1
ITEM LAWFUL UNLAWFUL
• a. LANGUAGE Inquiry into language skills -I Any inquiry which, rather than
such as, which languages can ; to indicate knowledge or skill
you read, write, and speak. ! of language, serves to identify
national origin or ancestry -
such as, the language spoken
at home, or by the parents.
9. EDUCATION Inquiry as to extent of edu- Any inquiry which would speci-
. cation, and as to name and ' fically ask the nationality,
place of school, ! racial, or religious affilia-
tion of a school.
10. NATIONAL ORIGIN Nothing. Any inquiry into national
origin or ancestry, or national
customs observed.
•
11. RELATIVES Any inquiry as to a relative
which is unlawful as to the
applicant.
12. ORGANIZATIONS An applicant may be asked to {1 Inquiries into organizations
& ACTIVITIES enumerate any organizations ' and activities, which would
or activities in which he is indicate religious creed, race,
participating or in which he or national origin.
has engaged in the past, other
than those inquiries desig-
nated as unlawful. An appli-
cant may be informed that he I
may voluntarily enumerate any
l
jorganizations or activities in
which he is participating or
in which he has engaged in the
I past.
13. MISCELLANEOUS *NOTE: The above-listed items are neither all inclusive nor
all exclusive. Consequently, any inquiry which, although not
specifically listed among the above, is designed to indicate
information as to national origin, ancestry, religious creed,
race or color, in violation of Section 5 (c) of the Ordinance,
is forbidden.
4
14. INFORMATION *NOTE: Lawful information required by a Government agency,
REQUIRED BY such as for security reasons, shall be excluded from the above
GOVERNMENT AGENCY rules, where withholding such information would otherwise be
unlawful.
15. BONA FIDE JOB *NOTE: Any inquiry or item of information which pertains to a
REQUIREMENTS bona fide job requirement may be declared exempt from the
above rules and Section 5 (c) of the Ordinance upon request to
the Commission.
CITY OF ST. PAUL HERBERT S. HENEMAN, Jr.
Chairman
FAIR EMPLOYMENT PRACTICE COMMISSION WALTER E. NELSON
1700 City Hall and Court House CARL HENNEMANN
MILTON GRAY
St. Paul 2, Minnesota
MRS. ALLIE MAE HAMPTON
CApital 4-4612, Ext. 398
DANIEL G. JACOBOWSKI
Executive Secretary
4008
August 30, X956 j
Joseph R. Okoneski,
City Clerk
City of St. Paul,
Minnesota
Dear Sir:
The Fair EMployment Practice Commission requests that you present to the
City Council on Friday, August 31, 1956, its attached "1st Annual Report,"
which is submitted to the Council in accordance with Section 7 (h) of the
Ordinance establishing the Commission, and which requires an annual report
of activities.
The last two pages of the attached report contain a set of proposed rules,
concerning "Lawful and Unlawful Employment Inquiries and Application Form
Items," which the Commission submits to the Council for its approval, in
accordance with Section 7 (f) of the same Ordinance, which authorizes the
Commission to adopt rules and regulations, "...subject to the approval of
the Council." -
Sincerely,
g41:Ce .
/ Daniel G acobowski
Executive Secretary
DGJ:elr
Att.
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