(The documents and statement referred to are as follows:)

REPORT ON NEW YORK FEPC LAW BY SENATOR JACOB K. JAVITS

New York has the honor of being the first State to adopt a law against discrimination in employment. This measure was signed by Gov. Thomas E. Dewey on March 12, 1945, and it has served as the prototype for laws in 15 other States to combat discrimination in private employment. These States contain 50 percent of the Nation's population and almost 25 percent of its Negro population as well as a substantial proportion of our country's population of Mexican origin and a majority of our citizens of the Jewish faith. Hence, it can be safely said that the State laws against employment discrimination thus far enacted have made available to many former victims of employment discrimination a piece of legal machinery which they can invoke to assure themselves of equality in employment opportunity.

The States which followed the New York precedent in adopting legislation against employment discrimination are: New Jersey, Massachusetts, Connecticut, Rhode Island, New Mexico, Washington, Oregon, Minnesota, Pennsylvania, Michigan, Wisconsin, Colorado, California, Ohio, and Alaska.

Jurisdiction of the New York State Commission Against Discrimination, of which former Ambassador Ogden Reid is the present chairman, goes far beyond the subject of employment. In that field, however, SCAD jurisdiction covers discrimination by employers of more than six persons, by labor unions, and by employment agencies; and it operates not only against discrimination based on race, creed, color, and national origin, but also against discrimination because of age. It has scored notable successes in this effort. Great progress has been recorded in preventing discrimination in employment at the entrance level because of race, creed, color, and national origin. Nonwhites are now seen in every industry and every job category. This progress can be noted not only in heavy industry, but also in white collar jobs, such as supervisory and professional workers.

At the present time, the New York State Commission Against Discrimination is placing emphasis on nondiscrimination in the area of promotional opportunities so that the experience, skills, and work experience of minority group members may have the fullest opportunity. The commission has also made a study of the apprenticeship training opportunities available to Negroes and Puerto Ricans, and is working with employers, labor leaders, school people, and the broader community to expand opportunities for such apprenticeship training.

The concern for equal opportunity has been evidenced at the highest levels of our State government, and a code of fair practices, established in 1860 by executive order of Gov. Nelson A. Rockefeller, bars discriminatory practices within the operations of any official.

Discriminations because of age have also been the concern of the commission, which requires that a person who can do the job should not be denied the opportunity because he falls in the age brackets of 40 to 65. However, NYSCAD has granted exemptions based on bona fide occupational qualifications where certain kinds of work do in fact require younger workers. Action against discrimination in housing and public accommodations also comes within the jurisdiction of NYSCAD.

I ask permission to submit for the record at this point a document entitled "Statistical Report of Verified Complaints and Informal Investigations of the New York State Commission Against Discrimination," dated October 1961, which tabulates the case history of NYSCAD.

Statistical report of verified complaints and informal investigations, New York State Commission Against Discrimination, October 1961

1 Revised: 2 Buffalo employment cases filed in August amended by adding a total of 3 party respondents.

§ 296.

Unlawful discriminatory practices.

1. It shall be an unlawful discriminatory practice:

(a) For an employer, because of the age, race, creed, color or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.

(b) For a labor organization, because of the age, race, creed, color or national origin of any individual, to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer.

(c) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, race, creed, color or national origin, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification.

(d) For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article.

3-a. It shall be an unlawful discriminatory practice:

(a) For an employer or licensing agency, because an individual is between the ages of forty and sixty-five, to refuse to hire or employ or license or to bar or to terminate from employment such individual, or to discriminate against such individual in promotion, compensation or in terms, conditions or privileges of employment.

(b) For an employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination respecting individuals between the ages of forty and sixty-five, or any intent to make such limitation, specification or discrimination.

(c) For any employer, licensing agency or employment agency to discharge or otherwise discriminate against any person because he has opposed any practices forbidden under this article or because he has filed a complaint, testified or assisted in any proceeding under this article.

But nothing contained in this subdivision or in subdivision one of this section shall be construed to prevent the termination of the employment of any person who is physically unable to perform his duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this subdivision; nor shall anything in said subdivisions be deemed to preclude the varying of insurance coverage according to an employee's age.