Civil Rights Act of 1964: Title VII and Equal Employment

Historical Background of the Civil Rights Act

The Civil Rights Act of 1964 enforced the Fourteenth Amendment to the Constitution by creating a legislative act that would prevent discrimination and extend equal protection under the law. The bill in its entirety protects all Americans regardless of race, ethnicity, religion, national background, and gender. It was, and still is, considered to be landmark legislation — despite the fact that the Fourteenth Amendment already technically guarantees equal protection to all citizens of the United States. However, practice and theory are different things. President Johnson understood this and foresaw the need to push forward legislation that would create a more perfect union offering liberty and justice to all people.

The Civil Rights Act was surprisingly controversial in a nation that prided itself on its values of equality and freedom. It took centuries for women and non-white citizens to gain voting privileges in the United States. The battle for true equality was long and hard fought. Civil rights bills had been passed and ignored since the end of the Civil War; Reconstruction had been thoroughly dismantled by racist lawmakers. In 1943, an attempt at civil rights legislation was made in Congress but failed to pass in the Senate. Congress continued trying to pass a civil rights bill, but committee after committee defeated them. There were simply too many bigoted lawmakers in Washington, and equal protection remained a dream.

Finally, the election of John F. Kennedy to the presidency coincided with the deep and radical changes taking place in American society. Values, norms, and beliefs shifted alongside the youth and counterculture movements throughout the United States and Western Europe. The hypocrisy of injustice in all its forms — including racism and sexism — became less tolerated and less normative. By 1963, the American people and their lawmakers were finally ready for a genuine push forward and real social progress. Martin Luther King, Jr. and other African-American activists were aligned with the cause of women as well.

In 1963, amid increasing pressure from the American people, President Kennedy helped draft the Civil Rights Act. Even the changing tide of the times could not persuade the bigots in Washington to embrace the constitutional rights of non-white citizens and women. It took nearly a year for Congress to concede, and unfortunately it also took the assassination of President Kennedy to encourage lawmakers to take the great leap forward that they did in 1964, when the Civil Rights Bill was finally passed on February 10.

Title VII: Employment Protections and the EEOC

One of the most important provisions of the Civil Rights Act is Title VII, which makes it unlawful for any employer to engage in discriminatory practices, defined in part as follows:

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 such individual's race, color, religion, sex, or national origin.

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. (Title VII of the Civil Rights Act of 1964)

Title VII of the Civil Rights Act of 1964 covers employment agencies, labor unions, training programs, national security, and a host of other potential applications of the law. Moreover, Title VII introduced the concepts of protected classes and unlawful employment practices into American business. Test scores cannot be used in any way that promotes discrimination. Both the private and the public sector are obliged to comply with Title VII, or risk breaking the law. Title VII ensures, among other things, a workplace environment that is free from sexual harassment and hostility based on gender or race. In general, the employment provisions of the Civil Rights Act of 1964 cover a range of situations that arise in practice and that prevent the extension of Fourteenth Amendment rights to all citizens.

Another important accomplishment of Title VII is the creation of the Equal Employment Opportunity Commission (EEOC). This body was created with a mandate to promote and enforce the provisions stated in Title VII. The EEOC is entrusted with active outreach services aimed at encouraging all private and public sector employers to transition from outmoded employee-selection habits to more egalitarian human resources strategies. Title VII represented a radical change of pace and demanded deep structural changes for businesses. The EEOC was created in part to provide technical support needed to educate employees about their legal rights and responsibilities, as well as to offer consultation on how to implement equal opportunity practices. The EEOC also serves as a liaison between the government and the American people, acting as a trusted source of information about citizens' rights with respect to their employers. For the first time, women and non-white workers had the right to sue their employers for discrimination — and for the first time, they had a genuine chance of winning those suits.

The Civil Rights Act's Effects on Today's Society

The specificity of the Act was remarkable, and brought to light the extent to which discrimination had become embedded in standard operating procedures throughout social, cultural, political, and economic institutions. Title VII covered a wide range of scenarios that were familiar to more than half the American population, including sexual harassment in the workplace. Institutionalized racism and sexism existed to such a deep degree that it would take generations for the real effects of civil rights legislation to come to fruition. There are several reasons why Title VII of the Civil Rights Act is still needed and used today.

Conclusion

The Civil Rights Act of 1964 was a landmark piece of legislation representing the culmination of generations of hard work. Finally, women and non-white citizens were protected under the law. An entire body — the Equal Employment Opportunity Commission — was created to ensure the protection of all Americans. The EEOC continues to evolve and to better serve Americans as society becomes increasingly tolerant and open-minded. There is still work to be done in order to achieve a more perfect union, but Title VII of the Civil Rights Act was a significant step in the right direction.