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The Civil Rights Act of 1964: an Overview

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The Civil Rights Act of 1964: an Overview The Civil Rights Act of 1964: An Overview September 21, 2020 Congressional Research Service https://crsreports.congress.gov R46534 SUMMARY R46534 The Civil Rights Act of 1964: An Overview September 21, 2020 The Civil Rights Act of 1964, comprised of eleven titles and numerous sections, has been called the “most comprehensive undertaking” to prevent and address discrimination in a wide range of Christine J. Back contexts. Legislative Attorney From discriminatory voter registration practices to racial segregation in business establishments and public schools, the Civil Rights Act of 1964 enacted new prohibitions and protections targeting discriminatory conduct in different forms and diverse contexts. The act not only created new statutory rights, but also designed distinct methods of enforcing these rights, and established federal entities responsible for the enforcement or facilitation of these protections as well. “In our time,” the Supreme Court has stated, “few pieces of federal legislation rank in significance.” Although the titles address discrimination based on race, color, religion, national origin, or sex, the Civil Rights Act of 1964 was principally a legislative response to ongoing and pervasive conditions of racial segregation and discrimination in the United States. Such conditions included the enforced exclusion of black citizens from a host of services and establishments affecting much of daily life: public libraries, public parks and recreation systems, public schools and colleges, restaurants, hotels, businesses, performance halls, hospitals and medical facilities, and any other setting designated as “white-only.” Legislative history reflects that Titles II, III, IV, and VI, for example, were enacted to address these forms of race-based segregation and discrimination. Though its titles share a thematic focus on discrimination, the 1964 Act—from a legal perspective—is perhaps best understood as a series of unique and distinct statutes. The titles vary in terms of the actions and practices they prohibit, whether and how an individual may seek relief for the violation of a title’s requirements, and available remedies for particular violations. Relatedly, where provisions of a title are enforced in federal courts, they have given rise to distinct lines of case law, questions of interpretation, and application. Federal courts have also interpreted the titles as having been enacted on different constitutional bases—the Commerce Clause, the Spending Clause, and the Fourteenth and Fifteenth Amendments. The eleven titles differ in other respects as well. Some, such as Titles II and VI, enacted altogether new laws while others, such as Titles I and V, amended earlier federal civil rights laws. Among the titles which enacted new laws, one finds further differentiation: some, such as Titles II and VII, created new statutory rights and protections against private actors, while others, such as Titles III and IV, addressed the federal enforcement of constitutional rights and protections against state actors. These differences may have unique legal implications when amending one particular title or another. Congressional Research Service The Civil Rights Act of 1964: An Overview Contents Introduction ................................................................................................................... 1 Title I: Prohibiting discriminatory voter registration “tactics”................................................. 2 General Background: Different Standards for Qualifying Black Voters............................... 5 Title I Substantive Provisions ...................................................................................... 6 Mandating Uniform Standards for Qualifying Individuals to Vote ................................ 6 Prohibition of Literacy or Interpretation Tests, with Exceptions ................................... 6 Immaterial Errors or Omissions on Voting Applications, Registrations, or Records ......... 7 Title I Enforcement .................................................................................................... 8 Expedited Judicial Review of Cases Brought by the Attorney General .......................... 8 Title II: Addressing discrimination and segregation in business establishments ....................... 11 General Background: Racial Segregation in Business and Travel .................................... 11 Title II Provisions: “Full and Equal Enjoyment” ........................................................... 13 In a “Place of Public Accommodation” .................................................................. 13 Private Club Exemption ...................................................................................... 18 Barring State or Local Segregation Mandates............................................................... 20 A Prohibition Against Deprivation, Intimidation, or Punishment ..................................... 21 Title II Enforcement................................................................................................. 22 Litigation by Private Individuals for Injunctive Relief & Attorney’s Fees Only ............ 22 Intervention or “Pattern or Practice” Enforcement Actions by the Attorney General .......................................................................................................... 25 Title III: The Equal Protection Clause and De Jure Segregated Public Facilities ...................... 26 General Background: Racial Segregation in Public Park Systems, Libraries, and Other Public Facilities ........................................................................................... 27 Title III: Provisions .................................................................................................. 29 Enforcement Actions by the Attorney General......................................................... 29 Title IV: The Equal Protection Clause and De Jure Segregated Public Schools and Colleges.................................................................................................................... 31 General Background: “Dual” Systems of Public Education Based on Race ....................... 32 Title IV Provisions: Federal Intervention by DOJ and ED .............................................. 34 Enforcement Actions by the Attorney General......................................................... 35 Technical Assistance for Desegregating Public Schools ............................................ 38 Title V: Amendments concerning the U.S. Commission for Civil Rights (USCCR) .................. 40 General Background ................................................................................................ 41 Title V Provisions .................................................................................................... 42 Title VI: Race Discrimination in Federally Funded Programs ............................................... 43 General Background: Race-Based Segregation and Discrimination in Hospitals, Schools, and Other Federally Funded Programs ......................................................... 45 “Discrimination” Prohibited by Title VI Under Sections 601 and 602 ................................ 47 Section 601 of Title VI: Addressing Intentional Discrimination ................................. 47 Section 602: Addressing Discrimination including Disparate Impact Discrimination ................................................................................................ 49 The Supreme Court and “Discrimination” Prohibited by Title VI ............................... 50 Federal Agencies: Administrative Enforcement and Title VI Regulations.......................... 54 Methods of “Effectuating” Title VI’s Antidiscrimination Mandate ............................. 55 Judicially-Implied Private Right of Action ................................................................... 60 Congressional Research Service The Civil Rights Act of 1964: An Overview Title VII: Discrimination in Employment .......................................................................... 60 General Background: Underemployment, Income Disparities, and the Removal of Discriminatory Practices that Favor White Employees ................................................ 62 Title VII: General Coverage and Scope ....................................................................... 63 Private and Federal Employers Subject to Title VII’s Requirements ........................... 63 Protected Categories Under Title VII ..................................................................... 65 Prohibitions Against Intentional and Disparate Impact Discrimination ............................. 66 Intentional Discrimination Under Title VII ............................................................. 67 Causation Standards for Proving Intentional Discrimination...................................... 70 Disparate Impact Discrimination Under Title VII .................................................... 72 Unlawful Retaliation........................................................................................... 77 Title VII Exemptions and Permitted Practices .............................................................. 78 Bona Fide Occupational Qualification (BFOQ): Sex, Religion, National Origin ........... 79 Religious Employers and Educational Institutions ................................................... 79 Title VII Enforcement: Private Sector, Federal, and State Employers ............................... 81 EEOC Title VII
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