Civil Rights Act of 1964

last updated 6-11-2003

Title VI (non-discrimination in programs and services) and VII (non-discrimination in

employment)

To access full documents please

cut and

paste these URL’s to the address window of

your browser

Title VII:

~j~p://www.ceoc.

gov/laws/vi

i

.himI

Title VI:

http://www.usdoj

.

gov/crt/cor/coord/titlevistat.htm

http://www.usdoi

.

gov/crt/cor/coord/titlevi.htm

Overviews of Civil Rights Law

p://www. law.cornell.edu/topics/civil_ri ghts.html

This folder also contains a

hard copy of

parts of the Civil Rights Act of 1964 specifically

related to Agriculture

and Extension.

Hard copies are also provided:

“Overview of Title VI ofthe Civil Rights Act of 1964”

(U.S. Department ofJustice)

“Employment Discrimination: an

Overview” (Legal Information Institute, Cornell

Law)

“Federal Laws Prohibiting Job Discrimination, Questions and Answers”

(EEOC)

---

Overview ofTitle VI of the Civil Rights Act of 1964

http://www.usdoj.gov/crt/cor/coord!viovervw.htrn

Coordination and

Review

Section

Civil

Rights Division

Department of Justice

Nondiscrimination

Resources

Coordinat

Grant-Related Programs

Publications and Documents

COR’s Purpc

Federally Conducted Programs

Federal Assistance Sources

Contact Info

Limited English Proficiency (LEP)

Complaint Documents

Complaint Fc

Training Material

By Agency

Other Links

Index

Overview of Title

VI of the

Civil Rights Act of 1964

Title VI, 42 U.S.C.

§

2000d

et seq.,

was enacted as part of the landmark Civil Rights

Act of 1964. ft

prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving

federal

financial assistance. As President John F. Kennedy said

in

1963:

Simple justice requires that public funds, to which all taxpayers ofall races

colors,

and national origins

contribute, not be spent in any fashion which

encourages, entrenches, subsidizes or results in racial color

or national origin

discrimination.

Ifa recipient of federal

assistance is found to have discriminated and voluntary compliance cannot be

achieved, the federal

agency providing the assistance should either initiate

fund termination proceedings or

refer the matter to the Department of Justice for appropriate legal action. Aggrieved individuals

may file

administrative complaints with the federal agency that provides funds to a recipient, or the individuals may

file suit for appropriate relief in federal court. Title VI itself prohibits intentional

discrimination. However,

most funding

agencies have regulations implementing Title VI that prohibit recipient practices that

have

the effect ofdiscrimination

on the basis of race, color, or national origin.

To

assist federal agencies that provide financial assistance, the wide variety of recipients that receive such

assistance, and the actual and potential beneficiaries ofprograms receiving federal assistance, the U.S.

Department ofJustice has published a

Title

VI Legal Manual.

The

Title

VI Legal Manual

sets out Title VI

legal

principles and

standards. Additionally, the Department has published an

Investigation Procedures

Manual

to give practical advice on how to

investigate Title VI complaints. Also available on the

Coordination and Review Website are a host of other materials that may be helpful to

those interested in

ensuring effective enforcement of Title VI.

COR

Home

I

Grant.~Related Conducted

J

I

Publications

I

Complaints

I

Training

I

By Agency

I

Other

Links

I

Contact

I

Index

This page was last updated on April

11

2002.

Home

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of

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LII: Law

about...Employment

Discrimination

http://www.law.corne1I.edu/topics/cmploymentdiscrimination.htm1

LII

Icgal information institute

coflecdon home

search

tell

me

more

lii

home

employment discrimination:

an

overview

Employment Discrimination

laws

seek to prevent discrimination based on

race,

sex, religion, national

origin,

physical disability, and age by employers.

There is also a growing body of law preventing or occasionallyjustifying

employment discrimination based on

sexual orientation. Discriminatory

practices include bias

in hiring,

promotion, job assignment, termination,

compensation, and various types of harassment. The main body of

employment discrimination laws

is composed of federal and state

statutes.

The United States Constitution and some

state constitutions

provide

additional protection where the employer

is a governmental body or the

government has taken significant steps

to foster the

discriminatory practice

ofthe

employer.

The Fifth

and Fourteenth Amendments of the United

States Constitution

limit the power of the federal and state governments to discriminate. The

Fifth amendment has

an explicit

requirement that

the federal government not

deprive individuals of “life,

liberty, or property,” without due process of the

law.

See

U.S. Const. amend. V. It also contains

an implicit guarantee that

each

person receive equal protection of the

laws.

The Fourteenth

Amendment explicitly prohibits states

from violating an individual’s rights

of due process and equal protection.

See

U.S.

Const. amend.

XIV.

In

the

employment context

the right of equal protection limits the powerof the

state

and federal governments to discriminate in their employment practices

by treating employees, former employees, or job applicants unequally

because of membership in a group (such as a race or sex).

Due process

protection requires

that employees have a fair procedural process before they

are

terminated if the termination

is related to a “liberty” (such as the right to

free speech) or property interest. State

constitutions

may

also afford

protection from employment discrimination.

Discrimination

in the private sector is not directly constrained by

the

Constitution, but has become subject to a growing body of federal and

state

statutes.

The Equal

Pay Act amended

the Fair

Labor Standards Act in 1963. The

Equal

Pay Act prohibits paying wages based on sex

by

employers and

unions.

It

does not prohibit other discriminatory practices bias

in hiring.

It

provides

that where workers perform

equal work in jobs requiring “equal

skill, effort, and responsibility and performed under similar working

conditions,” they

should be provided equal pay. The Fair Labor Standards

Act applies

to employees engaged in some aspect of interstate commerce or

all of an

employer’s workers if the enterprise is engaged as a whole in a

significant amount of interstate commerce.

Title VII ofthe

Civil

Rights Act of 1964

prohibits discrimination in many

more aspects of the

employment

relatiortship. It

applies

to most employers

Federal Material

Federal Statutes

•

42 U.S.C. ~

1981, 1981a. 1983. 1988-

Nineteenth Century Civil Rights Acts

•

42

U.S.C.

Chapter 21

-

Civil Rights Act

of 1964

•

29 U.S.C. §206-EqualPayActof

1963

•

42

U.S.C. Chapter 126

-

Americans

with Disabilities Act of 1990

•

29

U.S.C.

t~621 -634-

The Age

Discrimination

in Employment Act

•

30 U.S.C. ~938

-

The Black Lung Act

•

29

U.S.C.

§~

29J,

793, 794(a)

-

The

Rehabilitation Act

FederalAgencyRegulations

•

Code of Federal Regulations:

29 CFR.

Chapt. XIV

-

Equal Employment

Opportunity Commission

Federal JudicialDecisions

•

U.S. Supreme Court: Recent Decisions

on Employment Discrimination

•

U.S. Circuit Courts of Appeals: Recent

Decisions on

Employment

Discrimination

State Material

State Statutes

•

New York State

law prohibiting

employment

discrimination

-

York Executive Law

~ 296.

•

California statute prohibiting

discrimination in public

works

employment

-

California Labor Code ~

1735

•

California statute to prevent

discrimination based on

sexual

orientation

-

California Labor Code

§

1102.1.

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6/11/03

11:25AM

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LII:

Law about...Employment

Discrimination

engageu

in mierstate eurrnneree won more man

ta

employees,

iauor

organizations, and employment agencies. The Act prohibits discrimination

based on race,

color, religion, sex or national origin.

Sex

includes

pregnancy, childbirth or related medical conditions.

It makes it illegal for

employers to discriminate in hiring, discharging, compensation,

or terms,

conditions, and privileges of employment. Employment agencies

may not

discriminate when hiring or referring applicants. LaborOrganizations

are

also prohibited from basing

membership or union classifications on

race,

color,

religion, sex, or national

origin.

The Nineteenth Century

Civil

Rights Acts, amended

in

1993, ensure all

persons equal rights under the law and outline the damages available to

complainants in actions

brought under the Civil

Rights

Act of

1964, Title

VII, the

American

with Disabilities Act of

1990, and the Rehabilitation Act

of 1973.

The Age Discrimination

in Employment Act (ADEA) prohibits employers

from discriminating on the basis of age. The prohibited practices are nearly

identical to those outlined in Title 7. An

employee

is protected from

discrimination based on

age if he or she is over40. The ADEA contains

explicit

guidelines for benefit, pension and retirement plans.

The Rehabilitation Act’s purpose

is to “promote and expand employment

opportunities in the public

and private sectors for handicapped individuals,”

through the elimination of discrimination and affirmative action programs.

Employers covered by

the act include agencies of the

federal government

and employers receiving federal contracts

over$2500

or federal financial

assistance.

The Department of Labor enforces section 793

of the

act which

refers to employment under federal contracts. The Department of Justice

enforces section

794 of the

act which refers to organizations receiving

federal assistance. The EEOC enforces the

act against federal employees and

individual federal agencies promulgate regulation pertaining to the

employment of the

disabled.

The American

with Disabilities Act (ADA)

was enacted to eliminate

discrimination against

those

with handicaps.

It

prohibits discrimination

based on a physical or mental handicap

by

employers engaged in interstate

commerce and state

governments.

The type of discrimination prohibited is

broader than that explicitly outlined by

Title VII.

The Black

Lung Act prohibits discrimination by

mine operators

against

miners who

suffer from “black

lung”

(pneumoconiosis).

The Equal Opportunity Employment Commission (EEOC) interprets and

enforces the Equal Payment Act, Age Discrimination

in Employment Act,

Title VII, Americans With Disabilities Act, and sections of the

Rehabilitation Act. The Commission was established by

Title VII. Its

enforcement provisions are

contained in section

2000e-5 of Title42,

and its

regulations

and guidelines

are

contained in Title 29 of the Code

of Federal

Regulations, part

1614.

State

statutes

also

provide extensive protection from employment

discrimination.

Some laws extend

similar protection as provided by the

federal acts to employers who

are

not covered by those

statutes. Other

statutes

provide protection to groups

not covered by the

federal acts. A

number of state statutes provide protection for individuals who are

nerformii

civil or family duties outside oftheir normal

rnent.

http://www.Iaw.comelledu/topics/employmcntdiscrimination.html

•

California statute

requiring equal pay

for equal work

-

California Labor Code

§~

1197.5

•

Summaries of Agency

and Court

Decisions Under the

Wisconsin

Fair

Employment Act

•

State

Statutes Dealing with Labor

State JudicialDecisions

•

N.Y. Court ofAppeals:

o

Decisions on

Employment

Discrimination

o

Commentary

from liibulletin-ny

•

Appellate Decisions from Other States

Other References

Key Internet Sources

•

U.S. Department of Labor

Useful Offnet

(or Subscription

-

Sources

•

Good Starting Point

in Print:

Mark

Player,

Employment Discrimination

Law,

West Group (1988)

Other Employment Law Topics

copyright

about us

send

email

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6/11/03 11:25AM

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Federal Laws Prohibiting Job Discrimination: Questions And Answers

Page

1

of 11

Federal

Laws

Prohibiting

Questions And

Answers

Federal

Equal Employment Opportunity (EEO) Laws

I. What Are the Federal Laws Prohibiting

Job Discrimination?

•

Title VII ofthe Civil Rights Act of 1964 (Title VII), which

prohibits employment

discrimination based on race, color, religion, sex, or national origin;

•

the Equal Pay Act of

1963

(EPA), which protects men and women who perform

substantially equal work in the same establishment

from sex-based wage discrimination;

•

the Age Discrimination in Employment

Act of 1967 (ADEA), which protects individuals

who are 40 years ofage or older;

•

Title

I

and

Title V ofthe Americans with Disabilities Act of 1990 (ADA), which prohibit

employment discrimination against qualified individuals

with disabilities

in the private

sector, and in

state and local governments;

•

Sections 501

and 505 of the Rehabilitation Act of 1973, which prohibit discrimination

against qualified individuals with disabilities who work in the federal government; and

•

the Civil Rights Act of 1991, which,

among other things, provides monetary damages in

cases ofintentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces

all ofthese laws.

EEOC also provides oversight and coordination ofall federal

equal employment opportunity

regulations, practices,

and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and

reprisal against

federal employees and

applicants. The Civil Service Reform Act of 1978 (CSRA) contains a

number of prohibitions, known as prohibited personnel practices, which are designed to promote

overall fairness in

federal personnel actions.

5 U.S.C. 2302. The CSRA prohibits any

employee

who has authority to

take certain personnel actions from discriminating for or against employees

or applicants for employment

on the bases of race, color, national origin, religion, sex, age or

disability. It also provides that certain personnel actions can not

be based on attributes or conduct

that do not adversely affect employee performance, such as marital status

and political

affiliation. The Office ofPersonnel

Management (OPM) has interpreted the prohibition of

discrimination based on conduct to

include discrimination based on

sexual orientation. The

CSRA also

prohibits reprisal against federal employees or applicants for whistle-blowing, or for

exercising an appeal, complaint,

or grievance right. The CSRA

is enforced by both

the Office of

Special

Counsel (OSC) and the Merit

Systems Protection Board (MSPB).

Additional information about the enforcement ofthe CSRA may befound on the OPM web site at

hltp.//www. opm.gov/er/address2/guideOl. htin;from OSC at (202)

653-7188 or at

http://www. eeoc.gov/facts/qanda.html

6/11/03

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Federal Laws Prohibiting Job Discrimination: Questions And Answers

Page

2 of 11

Discriminatory Practices

II.

What Discriminatory Practices

Are Prohibited by These

Laws?

Under Title VII, the ADA, and the ADEA,

it is illegal to

discriminate in any aspect of

employment,

including:

•

hiring and firing;

•

compensation, assignment,

or classification ofemployees;

•

transfer, promotion,

layoff, or recall;

•

job

advertisements;

•

recruitment;

•

testing;

•

use ofcompany facilities;

•

training

and apprenticeship programs;

•

fringe benefits;

•

pay, retirement plans,

and disability leave; or

•

other terms and conditions of employment.

Discriminatory practices under these laws also include:

•

harassment on the basis ofrace, color, religion, sex, national origin, disability, or age;

•

retaliation against an individual for filing

a charge ofdiscrimination, participating

in an