According to the report, "In 1962 nonwhites (nine-tenths of whom are Negroes) made up 11 percent of the labor force and 22 percent of the unemployed. On the average, there were 900,000 nonwhite workers without jobs in 1962, with an unemployment rate of 11 percent, more than twice that for white workers."

The difference is even more striking among adult men. The unemployment rate for the nonwhite adult was two and one-half times (9.4 percent) higher than the rate (3.6 percent) for the white worker. Some of the difference is undoubtedly due to the fact that Negroes are concentrated in occupations-unskilled farm and nonfarm labor, semiskilled production and service jobs-especially vulnerable to unemployment.

Limited education and training are also a factor. Discrimination in the educational opportunities available to the nonwhite handicaps him for life, putting him at the bottom of the ladder in the job world. Small wonder that the achievement of equal educational opportunities is a matter of overriding concern to our Negro citizens. But, while it is difficult to overestimate the urgency of rectifying this basic injustice, better educational opportunities are not the whole answer to the problem. With all due allowance for lesser education and training, the fact remains that all too often the Negro finds the door to employment closed to him simply because he is a Negro.

It is at this situation that the bills I now introduce are aimed. The first bill would prohibit discrimination in employment because of race, religion, color, national origin, or ancestry and would establish a Federal Commission on Equality of Opportunity in Employ

ment.

The second bill would establish a Commission on Equal Employment Opportunity to encourage and enforce a policy of equal opportunity in Federal employment and employment under Government contracts and subcontracts, applicable to both employers and labor organizations. It would also withdraw Federal support and approval from apprenticeship and worker training programs which deny individuals equal opportunity to participate therein and from State employment services which are operated on a segregated basis. Finally, it would authorize the National Labor Relations Board to set aside representation elections in which resort is made to appeals to race prejudice by either management or labor.

The third bill would establish a Commission on Fair Employment Practices in the District of Columbia.

The need for each of these measures has been fully demonstrated. They are generally in accord with the recommendations of the Civil Rights Commission, recommendations based on painstaking investigation and hearings in virtually every section of the country. They would provide a statutory basis for action long overdue, not to speak of the vindication of the platforms of both political parties.

Mr. DANIELS. Senator Case, it has been a pleasure to hear your testimony. Thank you for appearing here today.

Our next witness is the Honorable Jeffery Cohelan. Congressman Cohelan represents the Seventh Congressional District of California. Congressman, will you have a seat at the witness table.

STATEMENT OF HON. JEFFERY COHELAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. COHELAN. Mr. Chairman, I appreciate this opportunity to state my full and complete support for this legislation which you are considering. In my judgment, there is no more important task confronting us than to insure that all Americans-regardless of their race, religion, color, national origin, or ancestry-have equal opportunities for equal treatment. This legislation to further prohibit discrimination in the matter of employment is vital to the achievement of this end, and I am pleased to have introduced one of the bills before the committee today.

There can be little question that during the last decade, and particularly during the past 2 years, we have made progress in insuring equal opportunities in employment. The President's Committee on Equal Employment Opportunity has taken significant steps to eliminate racial discrimination by those who do business with the Federal Government. As the President reported to Congress in March, hundreds of companies covering 17 million jobs have agreed to stringent nondiscriminatory contracts; 104 industrial concerns have signed agreements calling for an affirmative attack on employment discrimination, and 117 labor unions have signed similar agreements.

The President's Committee on Equal Employment Opportunity has received over 1,300 complaints and corrective action is reported to have been achieved in 72 percent of the cases processed.

More than 20 States, my own State of California included, have established fair employment practices commissions, and in many of these States, again including California, constructive progress has been made.

This does not mean, of course, that our task is completed or that the end is in sight. Many members of minority groups are not covered by the actions taken to date, and in many of the cases reviewed, the action taken has, unfortunately, been limited.

Mr. Chairman, the hearings conducted by your committee during the last 2 years have produced strong evidence that—

Employment discrimination of some type continues to exist in almost every industry; discrimination not only in initial employment, but advancement opportunities as well;

Employment discrimination continues to plague organized labor, particularly in the area of apprenticeship training;

Employment discrimination adversely affects nearly 50 percent of our population;

Employment discrimination contributes both to our school dropout problem and to the cost of welfare assistance.

The U.S. Commission on Civil Rights has reported that the limitations on employment opportunities for Negroes are reflected in their earnings; that where the heads of families have received equivalent formal education, the median income of Negro families is considerably less than that of white families. President Kennedy has stated that the earning prospects are only half as much.

Mr. Chairman, with such conditions, it is obvious that we cannot be complacent that a very real gap continues to exist between our goals and our realizations. The record indicates, furthermore, that

this legislation we are considering can be effective; that it can enable us to take one more important step toward insuring the true equality of all Americans.

During the last 2 years-1961 and 1962-more than 1,500 cases of alleged discrimination in employment were filed with the California Fair Employment Practices Commission. During the same period, more than 1,300 investigations were completed, only 3 of which required public hearings and formal orders. On the other hand, in the 414 investigations which produced evidence of discriminatory practices, corrective action was achieved in each case through conciliation.

It is obvious, however, that even if effective fair employment practices commissions, such as California's, existed in every State, which of course they do not, that there still would be a gap and necessary role for a Federal Equal Employment Opportunities Commission. I am referring, of course, to Federal installations and to our ever-increasing percentage of interstate commerce which must, of necessity, be dealt with on a national level. Even on the intrastate level, members of the California Fair Employment Practices Commission have made it clear that Federal legislation would be an important supplement, particularly in these areas where interstate and. intrastate commerce begin to merge.

Mr. Chairman, in conclusion, let me emphasize that there is no question here of an untried, experimental, pioneering statute such as we must from time to time consider. The experience compiled in the more than 20 States and several cities which have fair employment laws on their books is conclusive first, it accomplishes significantly the purposes for which it is established, and second, the safeguards in State and city statutes, similar to those in this proposed Federal legislation, prevent abuse of powers. As a matter of fact, the California Fair Employment Practices Commission reported just last month that it never yet has had to invoke the enforcement powers provided in its enacting law.

Mr. Chairman, discrimination in employment is injurious to the individual. It is damaging to our national economy and to our position in the world community. Above all, it is morally wrong. With this legislation we have a further opportunity to remove the dread disease of discrimination from our society, and I urge that it be promptly approved so that true equality of opportunity may not only be an American promise, but an American reality.

Mr. DANIELS. Thank you, Congressman Cohelan, for appearing before this subcommittee.

At this time we will call upon the Honorable Jacob Gilbert, Representative of the 22d District of New York, who will present testimony on this legislation. Mr. Gilbert, we welcome you here.

STATEMENT OF HON. JACOB H. GILBERT, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF NEW YORK

Mr. GILBERT. Mr. Chairman and members of the General Subcommittee on Labor, you have under consideration legislation to prohibit discrimination in employment because of race, color, religion, national origin, or ancestry. I am gratified to have the opportunity to

speak on this legislation; in January of this year, I reintroduced my bill, H.R. 330, a "Federal Equality of Opportunity in Employment Act" and I have introduced such legislation ever since coming to Congress.

In my opinion, civil rights and equality of opportunity in employment are the most vital issues which we face on the home front today, and inasmuch as the Emancipation Proclamation was signed 100 years ago, it is high time that we stop being laggards and that we proceed, with alacrity, to do the job that should have been done generations ago.

The malicious, destructive, discriminatory practices which now abound in all fields of employment throughout our country, affecting millions of our people, must be brought to an abrupt halt. We must not continue to ignore the terrible degradation suffered by those who are victims of discrimination in employment because of race, color, religion, national ancestry, for this anguish is visited upon their children and continues on and on. All hope is killed in the very young; they know that although they have a high degree of intelligence, are ambitious and industrious, there is no point in pursuing higher education or looking for jobs which are commensurate with their abilities; they are not given such jobs; they know that they will be denied advancements to which they are entitled in any jobs they hold, because they are of a minority group. We must also keep in mind that discrimination is directed against not only Negroes, but against Puerto Ricans, Mexicans, orientals, American Indians, as well as other, in our land.

The problems of joblessness and juvenile delinquency go hand in hand, and the evils of discrimination are major factors in minority group joblessness. In one of our most sadly blighted areas in New York which has a predominantly nonwhite population, the percentage of high school dropouts by graduation time runs from 33 to 60 percent. These young children leave school, in most instances, not because their parents wish them to go to work, but because their motives have been destroyed and the will to advance deadened by the malignancy of discrimination; the denial of hope for equality, for advancement, and for equality of opportunity has taken its toll.

When discrimination in employment is prevalent, the blight spreads to all other facets of the community; increased juvenile delinquency, and crime result. Ever-increasing taxes are imposed to meet everincreasing welfare assistance costs.

This is a national problem, and it must be solved by national policies and laws. Many States have already enacted fair-employment practices laws, the great State of New York among them. However, the problem is so complex and overwhelming, that Federal action is necessary in order to help the 100 million people not now protected by State laws, and to meet other complexities of the situation.

We owe it to ourselves and to our Nation to eliminate the treacherous practices of discrimination in employment and other fields; the prestige of our Nation is at stake. How can we, in good conscience, promote the ideals of democracy throughout the world, when such evil conditions flourish here at home and when so many of our people are denied the rights guaranteed them under our Constitution? How can we close our eyes to the sickness of despair suffered by mil

lions of the youth of our Nation? How long will we continue to allow discrimination to undermine the foundations of our Government and the economic structure of our country? Those who would continue to impose discrimination and foster cruel prejudices must be saved from their sins against humanity; we must halt their evil ways which are having such a dastardly effect upon our entire Nation and which cause grave concern to all right-thinking Americans who deplore the cruelties inflicted upon their fellow man.

Congress must discharge its responsibility and pass strong, effective legislation which will provide complete coverage and assure equal employment opportunity to all citizens of our country.

Mr. DANIELS. Congressman Gilbert, it has been a pleasure to hear your testimony. Thank you for appearing here today.

We will now hear the statement of our colleague, the Honorable Joseph Minish, of the State of New Jersey.

STATEMENT OF HON. JOSEPH G. MINISH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

Mr. MINISH. Mr. Chairman and members of the subcommittee, I am pleased that your subcommittee has scheduled hearings on the Federal Equal Employment Opportunity Act. My sponsorship of H.R. 1938, which was among the first measures introduced by me as a freshman Member of the 88th Congress, indicates my conviction as to the urgent need for Federal legislation to prohibit discrimination in employment because of race, color, religion, national origin, or ancestry. I have fought discrimination in employment as a member of the IUE-AFLCIO since the post-World War II days, and I am proud of my union's record in combating this evil practice which is still all too common in this country. It is an evil that we can no longer tolerate, and I welcome the opportunity to speak out in behalf of the pending legislation which will, I am sure, go a long way toward eliminating discrimination.

While the United States is looked to by untold millions throughout the world in admiration for its leadership in the free world and while the standard of living of its people is the envy of toiling workers everywhere, we, as a nation, find ourselves the subject of unrelenting criticism in the whole area of race relations. I realize that often this criticism is ill informed and far wide of the mark. Nonetheless, we are, all of us, too aware of examples of widespread discrimination in housing, in education, and in job opportunities, to be able to refute this criticism as effectively as we should. We need to be able to demonstrate to the world that we are bending every effort to see to it that all of our people, regardless of color, race, or religion, have the full exercise of the rights and privileges which are considered the rightful heritage of every American. We want to make certain that a person's home or the school or college his children attend are not determined, in the first instance, by the color of his skin. We want to make certain that persons of very race have a fair and equal opportunity in competing for jobs. We want to see to it that membership in a labor union is not restricted to persons of one particular race.

We want to do these things, not merely to show the world that America believes in the slogans of liberty and justice for all that she professes. We want to do them because they are the right things to do.