FEDERAL PROJECTS
The federal Equal Employment Opportunity Commission has funded two
special projects which have added staff members on a temporary basis to
work in ferreting out discrimination in employment as well as developing
systematic investigative tools to resolve discrimination in all areas. These
projects are designed by the EEOC to develop comprehensive nationwide affirmative
enforcement partnerships with state and local antidiscrimination agencies.
The EEOC feels, as does the Iowa Civil Rights Commission, that an agency
which is only "individual complaint-oriented" will not eliminate
deeply inbred patterns of systematic discrimination. Such a passive agency
approach relies too heavily on the individuals who file complaints, as opposed
to the agency taking the initiative in seeking out patterns of discrimination.
Affirmative Action Employment Project
This project, which began on September 1, 1968, is designed to eliminate
job discrimination through detailed systematic investigations of the total
employment practices of major companies, ascertaining whether the companies
are intentionally refusing to employ minorities and/or are unintentionally
accomplishing the same end by using obsolete methods of job recruitment,
testing, and hiring qualifications which tend to exclude nonwhites and other
minorities more so than whites.
Commission charges are filed under the provisions of the Iowa Civil Rights
Act against those companies which appear on preliminary investigation to
be underutilizing the minority work force and which have no effective affirmative
programs designed to correct the situation.
When the results of the Commission's investigation indicates that there
is probable cause that the company is engaged in discriminatory employment
practices conciliation is entered into. The conciliation terms include an
agreement by the company to establish the suggested program of affirmative
action to assure that equal opportunity is afforded in the company's practices
involving recruitment, hiring, promotions, and terms or conditions of employment.
One of the major provisions of the agreement provides for the establishment
of an affirmative action file to remedy the effects of past discrimination.
This is a temporary device which the company agrees to maintain for minority
applicants who were not immediately accepted or rejected for employment.
These minority applicants are then to be given first consideration whenever
vacancies occur.
Other specific provisions relate to (a) establishing continuing relationships
with the local Iowa State Employment Service office and any local private
employment agencies; (b) notifying these employment agencies of both expected
and unexpected vacancies; (c) advertising in help-wanted ads that the company
is an equal opportunity employer and advertising proportionately in minority
group media; (d) reviewing job requirements; (e) complying with EEOC guidelines
on employment testing procedures; and (f) reporting quarterly to the State
Commission on its continued implementation of this program.
Legal Techniques Development Project
This project, which began on July 1, 1970, has these purposes: (a) to prepare
a plan to get the Commission to the point where legal relief in Iowa is
equal to the legal relief possible in the federal courts; (b) to assist
the Commission and the affirmative action employment project in any
legal disputes that may arise; (c) to identify the blockades to the
Iowa Commission's effectiveness; and (d) to eliminate the blockades to the
Commission's effectiveness so that discrimination in employment in
Iowa will cease to exist.
This second project is also aimed at bringing to fruition legal theories
which will aid the purposes and powers of the Commission. As such, it has
already proven invaluable by providing legal advice on a myriad of questions
that arise relative to the daily operations of the Commission. It has also
proven invaluable in aiding the Commission in its preparation of the Ironworkers
case, and in the preparation and adoption of Commission rules and regulations.