Sununu Blocking Rights Accord, GOP Senator Charges

The leader of a group of Republican senators who are seeking a compromise on civil rights legislation accused White House Chief of Staff John H. Sununu on Thursday of delivering a take-it-or-leave-it ultimatum that has blocked a possible agreement.

Sen. John C. Danforth (R-Mo.), expressing dismay over an apparent deadlock in talks with the Bush Administration, said he intends to drop his negotiating role after making 22 concessions to the White House on the bill without reaching an accord.

“We have made a major effort to reach out to the Administration, and I think this is very close, and I hope the Administration can reach back a little bit and bridge the gulf,” Danforth told reporters. “I hope the President can reach out.”

At the same time, the usually mild-mannered Missouri lawmaker warned that some members of his own Republican Party were willing to exploit racial fears to win political points.

“There’s an enormous amount of political power in the race issue . . . to create a sense in people’s minds that you better watch out, or blacks are going to get your job,” he said. “It’s destructive. It’s not good for the Republican Party. It hurts our party--not helps it.”

Three weeks ago, following weeks of debate over a House-approved measure, Danforth and eight moderate GOP colleagues began seeking a compromise civil rights bill that would be acceptable to both the White House and Democratic congressional leaders.

The House legislation is designed to limit or reverse a series of Supreme Court decisions that made it more difficult for minorities and women to pursue job discrimination lawsuits against employers.

The Administration contends the provisions of the bill are so onerous that employers would begin using hiring quotas to protect themselves against lawsuits. Civil rights advocates say the White House is distorting the facts in an effort to exploit the politics of race.

At the heart of the controversy are provisions that would place a greater burden of proof on employers to justify practices that appear neutral on their face--such as requiring a high school diploma--but have a discriminatory effect on minorities and women seeking jobs.

Under the compromise proposal crafted by Danforth’s group, such practices could be justified if they are required by “business necessity” and bear a “manifest relationship to the employment in question.”

Sununu, however, offered a weaker standard that would allow employers to justify many job practices other than ability tests if they met a “legitimate business objective.”

Advocates for civil rights organizations protested that Sununu’s language would create a giant loophole that would allow employers to use standards that would have a discriminatory impact, such as residence or other qualifications not related to job performance.

Danforth said he proposed a revision in Sununu’s language to satisfy these objections. But the White House chief of staff, after checking with attorneys, responded on Wednesday: “No, they are not going to change another word--that’s as far as they can go,” Danforth said.

“If that’s what’s hanging up the bill, we are really hung up on a very small point,” Danforth said. “Personally, I can’t think of any other way to narrow the differences any further than we already have.”

Danforth said that while he prefers to support a bill that President Bush will sign, he sees no alternative now but to introduce his revised legislation and move it through the Senate Judiciary Committee without the Administration’s backing.

“We have narrowed the differences very dramatically,” Danforth said. “It should be easy for the President to resolve.”

Meanwhile, a key Democratic participant in talks with the Danforth group withheld his backing for the compromise proposal.

Sen. David L. Boren (D-Okla.), one of four senators designated by Majority Leader George J. Mitchell (D-Me.) to discuss the issue with Danforth, said he appreciated the constructive efforts by the Republican moderates.

“I certainly will give consideration to his proposals,” Boren said in a statement. “I have not yet decided whether I will support them. I hope that we can still find a bipartisan consensus between Congress and the White House on this issue.”