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The Color of Law A Forgotten History of How Our Government Segregated America by Richard Rothstein (z-lib.org).epub

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In 1943 at the Marinship yard in Sausalito, where workers’ dormitories

had been unintentionally integrated after recruits arrived too rapidly to be

separated by race, half of the African American workers refused to pay dues

to the segregated branch of the Boilermakers. The union then demanded that

Marinship dismiss the delinquent African Americans, and the shipyard

complied. The California attorney general and the navy admiral in charge of

the area’s shipbuilding pressed the workers to abandon their protest and

rejoin the segregated auxiliary, but when they refused, the officials urged

Marinship, without success, to cancel the layoffs.

At an FEPC hearing, the union argued that it was in full compliance with

the president’s order because no African American was denied work if he

paid his dues, the same requirement that applied to whites. The FEPC

rejected this claim but suspended the ruling pending a company appeal. The

black Marinship workers then sued, but a federal judge concluded that the

workers had no relevant rights under the “federal constitution or any federal

statutes.”

The African Americans then took their case to California state courts,

where a judge suspended the firings, pending a company appeal. Eventually,

in 1945, the California Supreme Court upheld the order, stating in

unprecedented language that racial discrimination is “contrary to the public

policy of the United States and this state.” The Boilermakers complied with

the decisions, but they had come too late. At the time of the California

Supreme Court ruling, 25,000 African Americans worked in area shipyards,

but the war was ending. Eight months later, the number had dropped to

12,000, and in another nine months, the shipyards shut down and virtually

all its employees were laid off.

The FEPC was similarly ineffective elsewhere. Lockheed and North

American Aviation in Los Angeles and Boeing in Seattle only hired African

Americans as janitors; when labor shortages forced these defense contractors

to open other categories, the companies denied equal compensation and job

rights to the black workers. In Kansas City, Standard Steel responded to the

FEPC by saying, “We have not had a Negro working in twenty-five years

and do not plan to start now.” In St. Louis, the Small Arms Ammunition

Plant employed 40,000 workers at the height of World War II and initially

refused to hire African Americans. It responded to civil rights

demonstrations by setting up a segregated production line for black workers

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