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Covering the period from the abolition of slavery through the events that preceded and affected the adoption of the Civil Rights Act of 1964, Black Labor and the American Legal System examines the major legislative and legal developments relating to the employment discrimination. The historical consequences of the racial practices of employers and organized labor, as well as of the federal government, are analyzed within the context of law and social change. The evolution of federal labor policy is traced through key decisions of the National Labor Relations Board and the courts as they have interpreted the application of labor law to racial discrimination.
"This operations manual is confined to the three titles of the Civil Rights Act of 1964 which do create new responsibilities throughout the general public. It explains their background, meaning, and effect. These are Title VII, dealing with employment, which constitutes Part I, and Titles II (public accommodations) and VI (federal assistance), which make up Part II of this book."--Page vii.
In 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s. Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys. By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.
"The Evasion of African American Workers" explains through several thought-provoking essays precisely how the American legal system avoids the legal mandates of Title VII of the Civil Rights Act of 1964 as well as other state and federal fair employment laws. This work consists of stand-alone essays which address different aspects of this problem, including legal and social history and statutory construction.
Describes conditions before the Civil Rights Act of 1964, how it helps protect people, and the ways it continues to be enforced.
In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks. A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day. Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.
Contributors: Paul Burstein, University of WashingtonDavid B. Filvaroff, State University of New York, BuffaloLouis Ricardo Fraga, Stanford UniversityHugh Davis Graham, Vanderbilt UniversityJack Greenberg, Columbia UniversityGloria J. Hampton, Ohio State UniversityJoseph B. Kadane, Carnegie Mellon UniversityRandall Kennedy, Harvard Law SchoolJ. Morgan Kousser, California Institute of TechnologyRichard Lempert, University of MichiganPaula D. McCain, University of VirginiaCaroline Mitchell, Esq., Pittsburgh, PennsylvaniaGary Orfield, Harvard UniversityJorge Ruiz-de-Velasco, Stanford UniversityBarbara Phillips Sullivan, Ford FoundationKatherine Tate, University of California, IrvineStephen L. Wasby, State University of New York, AlbanyRobin M. Williams Jr., Cornell UniversityRaymond E. Wolfinger, University of California, Berkeley