LWVMA 

Where We Stand 

Content:

Introduction

Program in Brief

Government

Natural Resources

Social Policy

LWVMA 

WHERE WE STAND

Social Policy: Equal Opportunity

The League supports:

• equal access to education, employment and housing
• ratification of the Equal Rights Amendment and efforts to bring laws into compliance with the goals of the ERA (LWVUS) (1989)

League Action

Equal access
Discrimination and affirmative action
Chapter 778 of the Acts of 1978 helps people who remain jobless in periods of high employment. Through this act people who are economically disadvantaged and victims of race and sex discrimination gain access to entry level civil service jobs through special training before the civil service examination and special listing after passing the examination.

Equal access to employment extends to private sector companies that bid on government contracts.

Equal access to employment applies to minorities and women as employers as well as job seekers. Fledgling businesses started and owned by minorities and women can become important sources for jobs. Local Leagues are encouraged to support municipal procurement programs that give support to a broader participation of minority and female business owners.

Flexible hours
LWVMA has worked for an extension of the Commonwealth's Flexible Hours Law (Ch. 500 of the Acts of 1974) to include part-time work, opening better employment opportunities for women and minorities.

The Massachusetts Civil Rights Act
The Massachusetts Civil Rights Act (MCRA) of 1989 was supported by the League. The act amends the post-Civil War statutes related to contract and property rights, allowing civil action for compensatory and punitive damages for violation of an individual's civil rights based on the effect of the discrimination, not just the intent.

The Massachusetts Commission Against Discrimination
The Massachusetts Commission Against Discrimination (MCAD), the Commonwealth's civil rights agency, is responsible for enforcing anti-discrimination laws. As early as 1945 the League endorsed the MCAD when it was called the Fair Employment Practices Commission. The League supported and worked for the installation of three full-time MCAD commissioners and has testified on behalf of a commission budget adequate to carry out its mandate. MCAD can veto grant applications for state and federal money if a community does not comply with MCAD guidelines for fair housing and equal employment opportunity. Many communities have signed memorandums of agreement of intent to develop substantive fair housing and equal opportunity plans. Leagues have urged their local executives to sign and act on these agreements with MCAD. The agency needs adequate funding and strong enforcement powers. Fair distribution of public funds and strong state coordination of programs are also needed.

Gay and Lesbian Civil Rights
In 1988, the League supported a bill that enabled the MCAD to investigate charges of discrimination on the basis of sexual orientation in employment, housing and financial credit. The Gay and Lesbian Civil Rights Act was passed by the legislature in 1989, after being filed for 17 years. A ballot referendum challenging the act was disallowed by the Supreme Judicial Court in 1990.

Affirmative action
On the basis of the 1964 federal Civil Rights Act, the League has backed laws and executive orders for fair housing and affirmative action. Local League action was taken in the early 1970s to promote local human rights commissions, affirmative action bylaws, and the monitoring of contractors' affirmative action plans in seeking and hiring qualified minority workers. The League believes that state and federal anti-discrimination laws and executive orders should be enforced. State and federal funds should be withdrawn if a community is shown to discriminate. Equal access to housing without discrimination based on race, color, religion or country of national origin is equally important. Opportunities for the purchase or renting of homes or for borrowing money for housing should not be limited for discriminatory reasons.

LWVMA supported Executive Order #74, the Commonwealth's Code of Fair Practices and Affirmative Action, and testified in favor of adequate funding and stronger enforcement by the MCAD. This executive order establishes a State Affirmative Action Office and pledges an aggressive policy of affirmative action in both the state's internal and external affairs.

Equal access to education
Through its position on equal access to education, LWVMA has supported the principle of the Racial Imbalance Act, (Ch. 641 of the Acts of 1965) and has opposed any attempts to weaken it.

The League supported federal Title IX and state Ch. 622, enacted in 1971. Title IX prohibits sex discrimination in federally funded educational institutions. Ch. 622 prohibits discrimination in public elementary schools because of race, color, sex, religion or country of national origin. The League supports continued and broadened implementation of these laws in the Commonwealth.

The League supported METCO, a voluntary busing program (legislated in 1966) to alleviate the problems of unequal opportunity and racial segregation. Local League members serve on METCO advisory boards and in host family programs.

During the spring and summer of 1974, the League worked for the peaceful implementation of desegregation in the Boston public schools. Members joined the Boston Vigil for Peace and Education and served as monitors in schools and on buses. The League was an organizing member of the Massachusetts Coalition for Civil Rights.

LWVMA worked for adoption of the Special Education Act (Ch. 766 of the Acts of 1972). This act directs all school committees to identify the children in their communities who have special needs, to diagnose and evaluate those needs and to provide or arrange for programs that meet those needs. League members serve on local advisory councils and monitor the implementation of Ch. 766.

he League was a founding member of the Massachusetts Women's Vocational Education Coalition. Title II of the Educational Amendments of 1976 (P.L. 94-482) amended the federal Vocational Education Act of 1963 by placing special emphasis on removing sex bias and stereotyping from vocational programs. By testifying at hearings and organizing visits to regional vocational technical high schools, the coalition supports regulations to implement P.L. 94-482.

Native Americans
In recognition of the special needs of Native American, the formation of the Commission on Indian Affairs was supported by the League as a first step by the state in meeting its responsibility for solving the problems faced by Native Americans in Massachusetts. The League has supported special education programs and the formation of housing authorities established to access federal funds for housing for Native Americans. Both activities recognized the special tribal needs and living patterns of the Native Americans.

Equal Rights Amendment (1972)
Federal ERA
With LWVMA support, Massachusetts became, in 1972, the 19th state to ratify a federal Equal Rights Amendment. In 1978, LWVMA lobbied members of the Massachusetts congressional delegation in support of the extension of time to ratify the ERA. When ratification fell three states short of the total required, even with the extension of time, LWVMA again lobbied members of the Massachusetts congressional delegation in support of the refiled Equal Rights Amendment in 1983. It continues to be introduced each year until both houses of Congress muster the 2/3 votes necessary to send the amendment out to the states for ratification. Pending congressional action, LWVMA supports state legislation, which is refiled each year, allowing Massachusetts to be the first or among the first to ratify the federal ERA. Action on this priority will continue until it becomes an amendment to the U.S. Constitution.

State ERA
LWVMA was successful in working with a large coalition for passage of the state ERA by two consecutively elected legislatures meeting in joint session (1973-76) and by the public in the vote on the November 1976 ballot. The con-stitutional amendment passed by 62 percent of the vote. LWVMA has been active since then to bring state laws and regulations into compliance with the state ERA. The League supported legislation that created a commission of legislators and gubernatorial appointees to study and make recommendations for the reform of Massachusetts law. Implementation of these changes, 151 in all, began in 1976 and continued until all statutes in the Massachusetts General Laws were altered to gender-neutral language in 1980.

One area that has not changed is insurance regulation. In 1982 LWVMA supported and since 1984 has co-sponsored legislation to end sex discrimination in insurance pricing, coverage and other practices. Pending passage of this bill, LWVMA supported the insurance commissioner's gender-neutral insurance regulations, which became effective September 1, 1988. These were challenged by the insurance industry and upheld by lower court on the basis of the Massachusetts ERA. In 1991, the Supreme Judicial Court overturned the ruling on appeal, not on the merits of the discrimination argument, but because the commissioner exceded his authority. It is up to the courts to determine if insurance statues allowing gender-based pricing are constitutional. The League continues to work toward the goal of gender-neutral insurance.

Background

• 1966: Consensus was reached by members across the United States that million of citizens were being denied an equal opportunity at school and at work, and could neither use nor develop their talents. It was decided that LWVUS would give unqualified support to desegregation, compensatory education, job training and manpower development programs.
• 1968: LWVUS convention added equal opportunity in housing to its positions. LWVUS later broadened this position to include support for an adequate supply of housing for people with low or moderate incomes.
• 1972: Delegates to the League's national convention overwhelmingly approved support of "equal rights for all regardless of sex" as part of the social policy position.
• 1989-90: LWVUS formulated its Social Policy program combining its positions on Equal Access to Education, Employment and Housing with the Equal Rights position to create a single position on Equality of Opportunity. The fair housing position remains under Equality of Opportunity, while the issue of housing supply is now part of Meeting Basic Human Needs.

Previous Page: Education

Back to Where We Stand Contents

Next Page: Handgun control