To Advance Their Opportunities Federal Policies Toward African American Workers From World War I To The Civil Rights Act of 1964 1st Edition Judson Maclaury Ebook All Chapters PDF
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To Advance Their Opportunities
Federal Policies Toward African American Workers
from World War I to the Civil Rights Act of 1964
Judson MacLaury
To Advance Their Opportunities
To Advance Their Opportunities
Federal Policies Toward African American Workers
from World War I to the Civil Rights Act of 1964
Judson MacLaury
Foreword by Ray Marshall
Newfound Press
The University of Tennessee
Knoxville, Tennessee
To Advance Their Opportunities: Federal Policies Toward African American Workers
from World War I to the Civil Rights Act of 1964
© 2008 by Judson MacLaury
Newfound Press
University of Tennessee Libraries
1015 Volunteer Boulevard
Knoxville, TN 37996-1000
www.newfoundpresss.utk.edu
ISBN-13: 978-0-9797292-3-2
ISBN-10: 0-9797292-3-8
MacLaury, Judson.
To advance their opportunities : federal policies toward African American
workers from World War I to the Civil Rights Act of 1964 / Judson MacLaury ;
foreword by Ray Marshall.
xv, 293 p. ; 23 cm.
Includes bibliographical references (p. 276-293).
1. African Americans—Employment―Government policy—History―20th
century. 2. African Americans—Employment―Law and legislation—
History―20th century. 3. Discrimination in employment―Government
policy―United States—History―20th century. I. Title.
HD8081.A65 M33 2008
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xv
Part I: Crisis-Driven Federal Action from World War I Through the Great Depression,
1914-1940 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Epilogue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Foreword
vii
voters could significantly influence close elections. The urbanization
of African Americans also strengthened civil rights organizations like
the National Association for the Advancement of Colored People
(NAACP) and the National Urban League (NUL), as well as unions
like the influential Brotherhood of Sleeping Car Porters (BSCP), led
by A. Philip Randolph.
The dramatic expansion of direct and indirect federal
employment during the New Deal period enabled the Roosevelt
administration to expand African American employment. In addition,
millions of black workers participated in New Deal programs like
the National Youth Administration (NYA), the Civilian Conservation
Corps (CCC), and public employment programs. That said, African
American participation in these recovery programs was generally
below their relative unemployment rate, which approached 50 percent,
about double the overall rate. And while progress was made in
reducing discrimination against black participants, unequal treatment
characterized even the best of these programs.
There was, moreover, a continuing tug-of-war between a few
influential pro-civil rights New Dealers—like Interior Secretary Harold
Ickes, Labor Secretary Frances Perkins, presidential adviser Harry
Hopkins, and FDR’s wife Eleanor—and those who were influenced by
militant segregationist politicians. The progressives were, however,
supported by black community protests against discrimination in
New Deal programs and in federal employment. FDR, who had never
shown much interest in race matters, had to balance appeals from the
progressives and opposition from segregationists in his own party.
Because FDR thought sustainable broadly shared prosperity was
not possible unless all major groups were included, his administration
did much to help African Americans. And, despite their continuing
protests against discrimination in federal employment and by
viii
government contractors, most black leaders and voters, who had
previously strongly supported Herbert Hoover, made a dramatic
switch to the Democratic party and voted overwhelmingly for FDR in
his reelection campaign.
The depression—and most New Deal recovery programs—
ended with World War II, which opened a new chapter in the march
toward racial equality. Although discrimination continued—and was
even sometimes acquiesced to by staunch civil rights champions like
Harry Hopkins and Francis Perkins—African Americans doubled
their proportion of federal jobs from 5 percent to 10 percent. Although
most of these jobs were in lower pay grades, the administration also
increased the number of black professionals and administrators.
The tight World War II labor markets boosted the expansion
of black employment, especially among defense contractors. Under
intense pressure from the black community, including a threatened
march on Washington, FDR issued an executive order creating the Fair
Employment Practice Committee (FEPC) to outlaw discrimination by
federal contractors.
The proposed march on Washington, led by A. Philip Randolph,
was particularly embarrassing to FDR because discrimination exposed
a serious weakness in America’s fight to “make the world safe for
democracy.” Indeed, the tension between tolerating discrimination
while fighting totalitarian regimes made American leaders more
likely to act on anti-discrimination pressures. As President Johnson
remarked, “Race relations don’t look the same from the banks of the
Potomac as they do from the banks of the Pedernales” (where his
ranch was located).
The experiences of the Kennedy and Johnson administrations
revealed the strengths and weaknesses of executive orders and
voluntary fair employment programs. The use of executive powers
ix
enabled administrations to combat discrimination despite Con
gressional opposition. The executive orders were enforced mainly by
moral suasion and the threat of contract cancellation or debarment.
Presidents likewise could use their “bully pulpit” to persuade the
public that discrimination was not only bad for the economy, society,
and polity, but also weakened America’s contest against totalitarian
regimes.
Voluntary anti-discrimination programs had some advantages
in changing private employment practices. These programs were
introduced not only because of inadequate support for civil rights
legislation, but also because legal processes were more effective
against specific overt discriminatory acts than against the more
pervasive and entrenched institutional forms that permit discrimination
to persist even after it has become illegal. One of the clearest effects
of executive-order based programs was to give those employers and
unions who were inclined to adopt fair practices some protection from
adverse reactions by racist customers or members.
Despite these advantages, executive orders and voluntary
approaches had many shortcomings: they lacked the credibility
afforded by Congressional action; they were relatively ineffective
against determined defenders of the status quo; government
contracting sanctions had limited impact on unions, which were not
parties to the contracts; government agencies were reluctant to cancel
contracts because they were more interested in the goods and services
provided than combating discrimination;1 and administrations likewise
were deterred from vigorous enforcement by powerful members
of Congress, who controlled their budgets. These weaknesses, and
1 This defect was overcome somewhat by the Carter administration, which not only
demonstrated its willingness to cancel contracts, but also consolidated enforcement
in the Department of Labor.
x
subsequent experience, demonstrated that voluntary programs are
more effective when backed by the threat of vigorous enforcement.
The limitations of executive orders and voluntary programs
established the political bases for the civil rights acts of 1964 and 1965,
which were passed with strong political leadership from President
Lyndon Johnson and vigorous opposition from many Republicans and
southern Democrats. It would, however, be a mistake to assume that
the civil rights acts ended discrimination. Affirmative action programs
were required to address institutional discrimination that was beyond
the reach of statutory law.
An example of the kind of targeted affirmative action programs
that produced significant change was the apprenticeship outreach
programs that greatly increased the number of minority apprentices.
Joint employer-union apprenticeship programs had a long history
of discrimination against minorities and women, which meant
that few counselors recommended that black students prepare for
apprenticeable occupations. As a result, when the Civil Rights Act of
1964 outlawed discrimination by unions and apprenticeship sponsors,
there were very few qualified minority applicants to take advantage of
these opportunities. Institutional discrimination causes people to avoid
programs they believe will not accept them. Pragmatic civil rights
leaders like A. Philip Randolph responded to this impasse by creating
specific outreach programs to recruit, prepare, and place qualified
minority apprentices. Secretary of Labor Willard Wirtz commissioned
an evaluation of these programs, which documented their success.2
The Department of Labor then funded these programs on a larger
scale, causing minorities in apprenticeship programs to approximate
their proportion of the work force by the end of the 1970s.
2 Ray Marshall and Vernon Briggs, The Negro and Apprenticeship (Baltimore: Johns
Hopkins Press, 1967).
xi
The outreach concept was applied successfully to the Minority
Women’s Employment Project, directed by Alexis Herman, later
Secretary of Labor in the Clinton administration. Federal employment
programs provided opportunities for millions of African American
workers while the administration of these programs trained many
black leaders.
Judson MacLaury’s research leads him to three central
conclusions: “first, there were significant, measurable advances for
African American workers; second, the concept of affirmative action
was born and underwent considerable development during this period;
and third, most major actions by the executive were only taken in
response to pressure, direct or indirect, from the African American
community.”
The evidence fully supports these conclusions. Despite a
counterattack on affirmative action during the 1980s and 90s, it seems
fairly clear that reducing institutionalized discrimination requires
positive action to include those who have been excluded in tandem
with legal measures to combat specific, overt acts of discrimination.
The evidence likewise demonstrates the critical importance of
continuous pressure from the victims of discrimination; even well-
meaning political champions of equal opportunity seldom assign
as high a priority to effective remedies as the victims themselves.
Political champions are often satisfied with token breakthroughs,
while the victims rarely, if ever, are. This reality is well understood
by civil rights leaders and sympathetic politicians alike. A. Philip
Randolph, for example, demonstrated the moral power of open and
massive protests against a sympathetic but cautious president who
tolerated discrimination, despite his dedication to democracy and
broadly shared prosperity. Randolph often told his followers: “Your
friends can help you but they can’t save you; you have to save
xii
yourselves.” Similarly, in his 1963 letter from a Birmingham jail,
Martin Luther King, Jr. wrote: “freedom is never voluntarily given
by the oppressor; it must be demanded by the oppressed.” President
Johnson, the consummate politician, understood this principle very
well; he told a group of labor and civil rights leaders who called on
him to support the Civil Rights Act of 1964, that this legislation was
good for them and the country and he was all for it, adding: “Now go
make me do it.”
The lessons from To Advance Their Opportunities are as valuable
for other victims of discrimination—especially women—as they are
for African Americans. Indeed, MacLaury writes that women, for
example, were excluded from the CCC and other important New Deal
programs. It also is noteworthy that President Truman, a civil rights
champion who defied members of his party and, among other things,
desegregated the armed forces, nevertheless acquiesced to pressure
from male members of his cabinet not to reappoint Frances Perkins,
the most effective and influential Secretary of Labor in history.
The elimination of discrimination against people for reasons
unrelated to merit therefore will require a combination of strong
leadership from public and private officials, but especially from the
victims of discrimination.
The evolution of the slow march to equal opportunity reveals the
interaction between attitudes and behavior. In employment situations
discrimination is only partially responsive to attitudes. Changed
behavior is required to overcome specific overt racial discrimination.
Affirmative action and African American performance in all sectors
of American life changed racial attitudes. Barriers to further change
were created by racial politics which appealed to whites through
thinly veiled racist code words. The fact that racial appeals have to
xiii
be veiled is a sign of progress; the fact that they are made at all shows
how far we still have to go.
It could be that a number of developments will cause even thinly
disguised racial appeals to be less effective in the 21st century. After
the initial breakthroughs—the positive effects of tokenism—African
Americans’ accomplishments in all sectors of national life challenged
the enduring myth of inherent racial differences. A second important
force for change was the rise of both black political and black
economic power after the Voting Rights Act of 1965, which enabled
two pro-civil rights Southerners—Jimmy Carter and Bill Clinton—to
get elected president despite losing the Southern white vote. Racist
appeals were further weakened by welfare reform and the decline in
urban violence, which made many code words much less effective,
and by growing embarrassment about the treatment of African
Americans throughout most of our history. This is not to argue that
racism is dead—only that it has become much less acceptable and
there are fewer ways to camouflage racist signals.
Judson MacLaury’s detailed study of efforts to reduce discrim
ination against African Americans is important because it teaches the
kinds of actions and leadership required to combat the deadly effects
of discrimination against people for reasons unrelated to their personal
merit.
Ray Marshall
June 2008
xiv
Preface
xv
operated initially in an ad hoc way, responding to circumstances
resulting from the two world wars that book-ended the roaring 20s
and the Great Depression. “Part II: Institutionalization of Executive
Action, 1940-1960” and “Part III: Culmination of Executive Action,
1960-1964” describe the development of policy, implemented
through presidential executive orders and other measures, into a more
continuous and systematic effort.
As the book shows, in the period from 1914 to 1964 the federal
government operated primarily in the spheres where it had the greatest
control: federal employment, whether within the bureaucracy or on
government projects; and employment by contractors providing goods
or services to the federal government. Control was implemented either
through direct administration, in the case of federal employment,
or through executive order and moral suasion, in the case of private
employers. Relevant legislation and court cases are discussed, but
the focus is on the executive branch, the main actor during the “pre-
history” of government action on civil rights before Title VII.
The federal government adopted a largely cooperative,
voluntaristic approach to seeking compliance with goals of fairness
in the workplace. Even after it developed regulations that allowed
various sanctions, it was generally reluctant to enforce them against
violators. The political and social realities of the period before the
Civil Rights Act were not conducive to mandatory enforcement
of equal opportunity rules. The government did, however, seek to
persuade private employers to take extra steps, which became known
as Affirmative Action, to hire and promote African Americans.
Governmental bodies probably carried voluntarism as far as it could
effectively go, until the Civil Rights Act introduced a paradigm shift
that ushered in a new era of mandatory compliance with federal anti-
discrimination goals.
xvi
The literature on which I base this book is rich and extensive.
However, that literature is a bit of a patchwork. There are excellent
individual studies of civil rights under various presidents, but they do
not focus on employment. There are a few studies that do focus on the
topic, but none covers the entire period from 1914 to 1964. One goal
of the book is to synthesize this collective historical effort.
Another goal is to show, in detail, how various programs and
executive orders came about and how they were implemented.
While the literature is very rich in coverage of the macro political
and social background, there is relatively little coverage of the
micro aspects. In order to adequately address this area, I delved into
the wealth of government records in the National Archives and the
rich collections of the Wirtz Labor Library of the U. S. Department
of Labor. Hopefully, the book will provide the public with a clearer
picture of how their federal government went about promoting equal
employment opportunities for African American workers.
In the interest of full disclosure, I should note that I served as
the Department of Labor historian from 1972 until my retirement
in 2006. As the book has been completed since I left the federal
government, hopefully removal has provided additional perspective
and objectivity. I would like to acknowledge those at the Department
who made my research possible. First I wish to express my deep
gratitude to Dr. Jonathan Grossman, my predecessor as departmental
historian. He not only hired me, he encouraged me to write the book
that he always said I had in me. I also want to thank Gary Reed, a
later supervisor, who encouraged me to start work on this book and
to concentrate my time and efforts on a project that he knew would
bear fruit only years later. His only requirement was to “just write a
good book.” I hope I have met his expectations. To Linda Stinson, my
successor as departmental historian, words cannot express my thanks
xvii
for the superb developmental editing job she did. She helped me turn
an unwieldy early draft into a much more readable book. Finally, I
should credit the Department of Labor itself for giving me the idea
for the title, which I shamelessly stole from the law that created the
department in 1913. The title is part of the mission statement requiring
the new department “to advance their opportunities for profitable
employment” [emphasis added]. There was no congressional intent
to make sure those opportunities were equally available to all,
but fortunately time and change made that a preeminent national
mission.
Professor Robert Zieger, a labor historian at the University of
Florida, kindly served as my unofficial adviser throughout the project.
He reviewed my early outlines of the book and plans for research and
writing, and he provided encouragement and support as I grappled
with the daunting and, to me, unfamiliar challenges of writing a
book.
Lastly I want to thank the wonderful and talented people at
Newfound Press and the University of Tennessee Library. Linda
Phillips, chair of the press’s editorial board, shepherded my
manuscript through the review process and was a joy to work with.
Casie Fedukovich did a superb job of copy and substantive editing.
My book is a better one for her efforts. The cover design by Hannah
Barker perfectly expresses the theme and period of the book. To all,
my profound thanks.
I dedicate this book to the memory of my parents, James and
Ruth. To my wife, Judy, I can only say thank you for steadfast moral
support during the book’s ten-year, and seemingly endless, gestation
period.
Judson MacLaury
Seattle, Washington
June 2008
xviii
Part I: Crisis-Driven Federal Action
from World War I through the Great Depression,
1914-1940
1
participation by African Americans in the work and relief programs
of the New Deal. The leadership of the Administration of Franklin
D. Roosevelt included racial progressives like Harold Ickes, Harry
Hopkins, and the First Lady, Eleanor Roosevelt. They were joined by
an unprecedented number of senior black appointees who organized
themselves into an unofficial “Black Cabinet” that guided and
promoted equal treatment efforts.
Depression era equal opportunity efforts largely expired with
the demise of their host agencies. However, new laws like the Wagner
Act, the Fair Labor Standards Act, and the Social Security Act,
which instituted Unemployment Insurance, left a long-term legacy of
benefits to the African American workforce.
2
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The nascent black civil rights community did not take the
wave of federal segregation lying down. In May 1913, Ralph Tyler,
a black Treasury Department auditor and career employee working
in the Department of the Navy, called on President Wilson to speak
out against discrimination in the Bureau of Printing and Engraving
and in the auditor’s office of the Post Office. More influential voices
soon joined Tyler’s. Concerned about Jim Crow in the Wilson
Administration, the NAACP concurrently authorized New York Post
editor Oswald Garrison Villard, the chair of the body, to develop a
plan for a “National Race Commission” and present it to the President.
Villard was the leading white advocate of equal treatment for blacks
and also a personal friend of President Wilson. In May 1913, Villard
had an opportunity to present his plan to the President. At first, Wilson
approved of the idea, but months passed and nothing happened.
Villard repeatedly urged Wilson to appoint the commission, but
finally Wilson informed him that he had decided against it because of
opposition within the Senate.14
In the meantime, the NAACP collected substantial inside
information on Jim Crow in Washington, based on reports from
a special investigator and other sources. By August 15, 1913,
when it seemed unlikely that there would ever be a National Race
Commission, the NAACP sent Wilson a strong letter objecting to
the growing Jim Crow practices in the government. They followed
up with a comprehensive publicity campaign among sympathizers,
9
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not just the South should be considered. Furthermore, the black labor
program would have to be coordinated with the broader mandate
of the Department of Labor to improve conditions for all workers.
Finally, Haynes pointed out that, given efforts in the South to forcibly
prevent blacks from leaving, workers would probably be suspicious
of any program that sought to send them back to the farm.58
Based on these considerations and building on the USES
proposal, Haynes formulated a four-point approach to helping
blacks find jobs while maintaining peace between the races. First,
he proposed that a farm reserve-type program should be part of a
wider effort to deal with black employment in all sectors and regions.
Second, he suggested that the plan provide a mechanism for bringing
black and white representatives of various local bodies together to
promote mutual understanding and to establish permanent committees
comprised of both blacks and whites.59 Third, Haynes wanted to
mount a careful campaign to publicize the effort among both whites
and blacks, again using local leaders and organizations. Fourth, he
wished to appoint black staff members (e.g., Assistant Directors
and Examiners) to work in the field to help administer the program.
Though his plan was comprehensive, Haynes stressed that:
The most delicate and difficult problem will be
1. To have the colored people understand the large
purpose and liberal spirit of the Department,
2. The finding and securing of the right type of black
workers,
3. The approach to the local white people, especially
in the South.
The first two are the keys to the third.60
26
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A Federal-State Partnership
27
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Bureau” but rather an integral part of the Office of the Secretary that
reported directly to him. The staff in the national office was kept small
to reduce the visibility of the program, but this concession was not as
crippling a limitation as it might seem. The key component of the
organization was not the national but the state segment.64 Appointing
African Americans as DNE staff, state supervisors, and racial
specialists in the USES was a priority for Haynes. Mindful that there
was “serious doubt about the expert efficiency of blacks in official
positions,” he ensured that staff members were well-trained and fully
experienced in their specialties. The job of mediating between whites
and blacks in the workplace and promoting black morale required
staff with exceptional human relations skills and sensitivities. Haynes
was convinced that his personnel measured up to these standards. Two
experts from the Bureau of the Census were appointed supervisors
in key states: Charles E. Hall and William Jennifer, the co-authors
of the Department’s 1916 study on migration, served in Ohio and
Michigan, respectively. Haynes also hired black clerks for his office
and reviewed black appointees in the USES, with whom he worked
out a joint supervisory arrangement. DNE Assistant Director Karl
Phillips supervised the Washington office and worked closely with the
Director. Haynes later praised the entire staff for their performance
under difficult circumstances. Looking at the broader context of black
people functioning in a largely white world, he wrote: “Their services
as a part of this experiment in the Federal Government’s relation to
black-wage earners has been a contribution to the experience with
blacks in important administrative positions.”65
While still developing the DNE staff and program, Haynes
began to establish contact with local leaders and groups in the states.
He embarked on a ten-day tour in early June 1918 to meet with white
and black representatives in the eight Southern states where the
29
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31
Other documents randomly have
different content
Napoléon, dès que le jour commença de luire,
Adieux de
Napoléon à la alla présenter ses adieux à la famille de Saxe. Il lui
famille royale de avait rendu un moment le rêve de ses ancêtres en
Saxe. lui donnant la couronne de Pologne, mais à ce prix
il l'avait perdue, sans le vouloir du reste, comme il
s'était perdu lui-même! Et par surcroît de misère, de la seule chose
impérissable en lui, la gloire, il ne laissait rien à cette malheureuse
famille, tandis qu'aux Polonais qu'il avait perdus aussi, il laissait du
moins une part d'honneur immortel! La cour honnête et timide de
Saxe avait en effet passé au pied des autels les dix dernières
années, que tant d'autres avaient passées sur les champs de
bataille. Napoléon avait de grands reproches à essuyer du vieux roi,
et il pouvait de son côté trouver matière à des reproches non moins
graves dans la conduite tenue la veille par les soldats saxons, mais il
avait un trop haut orgueil pour employer de la sorte les quelques
instants qu'il avait à consacrer à son allié. Il lui témoigna ses regrets
de le livrer ainsi sans défense à tout le courroux de la coalition; il
l'engagea à traiter avec elle, à se séparer de la France, et lui affirma
que quant à lui, en aucun temps il ne songerait à s'en plaindre.
Relevant fièrement son visage grave, mais non abattu, il lui exprima
l'espoir de redevenir bientôt formidable derrière le Rhin, et lui promit
de ne pas stipuler de paix dans laquelle la Saxe serait sacrifiée.
Après de réciproques embrassements, il quitta cette bonne et
malheureuse famille, épouvantée de le voir rester si tard au milieu
des dangers qui le menaçaient de tous côtés.
Sorti de chez le roi, Napoléon essaya en vain de
Difficultés que
Napoléon se faire jour à travers les rues de Leipzig. Il fut
éprouve lui- obligé de gagner les boulevards par un détour, et
même à passer de les suivre jusqu'au pont, où la presse s'ouvrit
au pont de pour lui, car bien qu'il commençât à inspirer des
Lindenau.
sentiments amers, l'admiration, la foi en son génie,
l'obéissance étaient complètes encore. Il franchit les ponts, et alla
vers Lindenau attendre de l'autre côté de la Pleisse et de l'Elster, que
l'armée eût défilé sous ses yeux.
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