THE CIVIL RIGHTS ACT OF 1964

On July 2, 1964, President Johnson spoke the following words before signing the Civil Rights bill:

We
believe that all men are created equal — yet many are denied equal
treatment. We believe that all men have certain inalienable rights. We
believe that all men are entitled to the blessings of liberty — yet
millions are being deprived of those blessings, not because of their
own failures, but because of the color of their skins.

The
reasons are deeply embedded in history and tradition and the nature of
man. We can understand without rancor or hatred how all this happens.
But it cannot continue. Our Constitution, the foundation of our
Republic, forbids it. The principles of our freedom forbid it. Morality
forbids it. And the law I sign tonight forbids it….

Generally,
Title VII states: a) It shall be an unlawful employment practice for an
employer – (1) to fail or refuse to hire, or to discharge any
individual, or otherwise to discriminate against any individual with
respect to his compensation, terms, conditions, or privileges of
employment, because of that individual’s race, color, religion, sex, or
national origin; or (2) to limit, segregate, or classify his employees
or applicants for employment in any way which would deprive or tend to
deprive any individual of employment opportunities, or otherwise
adversely affect his status as an employee, because of such
individual’s race, color, religion, sex, or national origin. (b) It
shall be an unlawful employment practice for an employment agency to
fail or refuse to refer for employment, or otherwise to discriminate
against, any individual because of his race, color, religion, sex, or
national origin, or to classify or refer for employment any individual
on the basis of his race, color, religion, sex, or national origin.

Title
VI prohibits discrimination on the basis of race, color or national
origin under any program or activity receiving federal financial
assistance. Employment discrimination is covered by Title VI if
the primary objective of the financial assistance is the provision of
employment or education. Title VII prohibits discrimination in
employment on the basis of race, color, religion, sex or national
origin. In certain instances, differential treatment is allowed for
religion, sex, or national origin if it is a bona fide occupational
qualification. Sexual harassment is also prohibited under this
law as are all forms of harassment based on membership in a protected
class. The Civil Rights Act of 1964 also outlawed discrimination in
voter registration, voting rights, and in public accommodations and/or
businesses; gave the federal government jurisdiction over cases to
enforce desegregation; and prohibited businesses with 25 or more
employees from basing hiring decisions on race.

Title I
Barred unequal application of voter registration requirements, but did
not abolish literacy tests sometimes used to disqualify African
Americans and poor white voters.

Title II
Outlawed discrimination in hotels, motels, restaurants, theaters, and
all other public accommodations engaged in interstate commerce;
exempted private clubs without defining “private,” thereby allowing a
loophole.

Title III
Encouraged the desegregation of public schools and authorized the U. S.
Attorney General to file suits to force desegregation, but did not
authorize busing as a means to overcome segregation based on residence.

Title IV
Authorized but did not require withdrawal of federal funds from programs which practiced discrimination.

Title V
Outlawed discrimination in employment in any business exceeding twenty
five people and creates an Equal Employment Opportunities Commission to
review complaints, although it lacked meaningful enforcement powers.

What is the difference between Title VII and Title IX?
Title VII makes discrimination based on sex (as well as race, color,
national origin, and religion) illegal in employment, while Title IX
makes discrimination based on sex illegal in education. Title VII
covers employees who work for schools but does not cover students at
those schools; Title IX covers both students and employees in
educational programs.

Time
limits apply to sex discrimination claims under Title VII. You have 180
days, or six months, from the date of the last incident of
discrimination to file a complaint with the U.S. Equal Employment
Opportunity Commission (EEOC). This 180-day filing deadline is extended
to 300 days if the charge also is covered by a state or local
antidiscrimination law. Using internal procedures at your college or
university does not extend the time limit under federal law, although
it may under some state laws. To preserve your sex discrimination claim
under Title VII, contact the EEOC to find out the time limit that
applies to you. To preserve your sex discrimination claim under state
law, contact the state fair employment practices agency in your state.
You do not need an attorney to file a complaint with the EEOC.

Title
VI of the Civil Rights Act of 1964 prohibits discrimination on the
basis of race, color, or national origin in programs and activities
receiving Federal financial assistance. Specifically, Title VI provides
that “no person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.” (42 U.S.C. Section
2000d).

Certain Remedies and Damages for Title VII Violations
1. Back pay is the most common form of relief. Back pay consists of
wages, salary and fringe benefits the employee would have earned during
the period of discrimination from the date of termination (or failure
to promote), to the date of trial.

2.
Compensatory Damages are allowed for future loss, emotional distress,
pain & suffering, inconvenience, mental anguish & loss of
enjoyment of life. Caps are placed on compensatory damages according to
the size of the employer. These limits depend on how many employees the
company has.
-Up to 100 employees: $50,000
-101-200 employees: $100,000
-201-500 employees: $200,000
-over 500: $300,000
These caps only apply to specific individuals. In a class action
situation, each plaintiff can be awarded the maximum amount specified
for the size of their company.

3. Attorney’s Fees are usually awarded to the prevailing party.

4.
Punitive Damages are limited to cases where the “employer has engaged
in intentional discrimination and has done so with malice or reckless
indifference to the federally protected rights of an aggrieved
individual.”

5.
Front pay is designed to restore victims to their “rightful place”. It
compensates the victim for anticipated future losses due to
discrimination.

6.
Injunctive relief is available when there is an intentional
discriminatory employment practice. For instance, an employee can be
reinstated and an employer can be ordered to prevent future
discrimination.

The Civil Rights Act of 1991
encouraged positive discrimation and allowed lawsuits against employers
if their hiring had a “disparate impact” on women or minorities, even
if there was no proof of discriminatory intent.

For more information on Title VII of the Civil Rights Act, see

http://www.eeoc.gov/policy/vii.html

For a copy of the original bill, click here

FOR A FULL COPY OF THE CIVIL RIGHTS ACT, CLICK HERE

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