Date: Sometime after 1991 based on reference to 1991 Civil Rights Act
In a sense the legal history should tell us what happened when T7 was created from the primordial oooz — from amorphous cosmos — the unformed mass. When the Congress said “let there be light” what did they mean.
But I have decided to do something else. I was out there in that primordial ooz — before the light was turned on — serving from 1963 ([illeg] I went to EEOC in 1967) as E.D. of the M.C.H.R. …. Trying occasionally to light a light but more often cursing the darkness.
[Because] much of the [legal history] + much of the early actions at EEOC involved attempts to create a law — a structure — a process that would [benefit] from the failures of and remove the limits of the states[,] I think it might be useful to start with a discussion of how the world looked to a state agency in 1963-1964.
Job week before [Birmingham] fire hoses.
Governor ½|½ à Wallace; Ross Barnett; Orvell Fairbush
Scope of what we did was very [limited]
Any attempt (by those who file) to broaden was subject to political [attack]
- Others similarly situated
phone call to CHAIR
- Encourage filing
phone call to GOVERNOR
- Carson[’]s pledge on new money will not be used
- If you ran into opposition you backed OFF
- No litigation on vindicate powers. Surprize when arrive at EEOC to discover [illeg].
[Marginal note]: New York amend rather than fight
- And most important no [definition] of [discrimination]. 2 aspects
- Procedural Philadelphia story
- What did your [investigator] look for
Conciliation while under investigation
No body of law
Nothing called A.A. [assume “affirmative action”].
When I [arrived] at EEOC three dimension[s]
A. Defend its process
B. Define discrimination
C. Legis[lative] hist[ory] that is most important
D. Impact on AA
- EEOC focus on individual case[s] not systems
- 1991 C.R. ACT punish > d systems.
[Marginal note at “2” above]: Tell S. Story. With occasional exceptions in one or two reg[ional] [offices]
Chronic refusal to look for + remedy systemic discrim[ination].