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Where We Stand
Social Policy - Equality of 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
LWVM 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.
LWVM 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, LWVM 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.
LWVM 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 LWVM support, Massachusetts became, in 1972, the 19th state to ratify
a federal Equal Rights Amendment. In 1978, LWVM 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, LWVM 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, LWVM 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
LWVM 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. LWVM 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 LWVM
supported and since 1984 has co-sponsored legislation to end sex discrimination in
insurance pricing, coverage and other practices. Pending passage of this bill, LWVM
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
- 1964: A national study of the effects of poverty and discrimination on
the country's human resources was started.
- 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.
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