Civil Rights Act of 1964

This Civil Rights Act accomplished various things:
1. It prohibited discrimination in employment and established the Equal Employment Opportunity Commission.
2. It prohibited discrimination in all public areas associated with interstate commerce including theaters, hotels, and restayrants.

HISTORY AND PURPOSE OF TITLE VII

The first official federal action against discrimination in private employmentwas taken in 1941, when President Franklin D. Roosevelt issued the first order requiring that nondiscrimination clauses be inserted in government contracts.

Every subsequent President has adopted the same policy.

In 1945 New York adopted the first state fair employment practices law. By 1966, 56 cities, 35 states and the District of Columbia, Puerto Rico and the Virgin Islands had such laws.

On July 2, 1964, Congress passed the Civil Rights Act of 1964. Title VII of the Act, "Equal Employment Opportunity," prohibits discrimination in hiring, upgrading and all other conditions of employment. It became effective on July 2, 1965.

Title VII established the Equal Employment Opportunity Commission composed of five members appointed by the President and approved by the Senate. The Commission's responsibility is to assure that all Americans will be considered for hiring and promotion on the basis of their ability and qualifications, without regard to race, color, religion, sex or national origin.

COVERAGE

Under Title VII the Commission is concerned with discrimination by four major groups -- employers, public and private employment agencies, labor organizations and joint labor-management apprenticeship programs.

Title VII applies to employers of 50 or more persons, labor unions with 50 or more members or which operate hiring halls, and employment agencies dealing with employers of 50 or more persons. On July 2, 1968, it will apply to those with 25 or more.

TITLE VII MAKES IT UNLAWFUL:

For an employer to discriminate in:

hiring or firing;
wages, terms, conditions or privileges of employment;
classifying, assigning or promoting employees or extending or assigning the use of facilities;
training, retraining or apprenticeships

For any employer or employment agency to:

print, publish, circulate or cause the printing, publishing, circulation of advertisements or any other statement or announcement relating to employment expressing any specifications, limitations, or preferences based on race, color, religion, sex, or national origin; discriminate in receiving applications or classifying or referring for employment.

For any labor organization to:

exclude or expel from membership; discriminate againt any individual; limit, segregate or classify membership, refer to or fail to refer for employment on the basis of race, color, religion, sex or national origin;
cause or attmpt to cause and employer to discriminate

For an employer, employment agency or labor organization to:

discriminate against any person because he has opposed an unlawful employment practices or because he has made charges, testified or participated in any action under Title VII.

Title VII Exemptions
Among those NOT covered, are local, state and federal agencies, government-owned corporations, Indian tribes and educational institutions where the employee performs work with the institution's educational activities.

HOW COMMISSION WORKS
The Commission has two basic responsibilities. First, it investigates complaints of discrimination, and if it finds they are justified, seeks a full remedy by the process of conciliation. Second, it promotes programs of voluntary compliance by employers, unions and community organizations to put the idea of equal employment opportunity into actual operation.

HOW TO FILE A COMPLAINT
If a person believes that he or she is a victim of discrimination by an employer, labor organization, employment agency or joint-management program for apprenticeship or trining, that person may file a complaint with the Commission.
Instructions and complaint forms are available at the Equal Employment Opportunity Commission, 1800 G Street, N.W., Washington, D.C., 20506, at local or state Fair Employment Practice agencies, or at the regional Equal Employment Opportunity Commission offices.
The following directions are taken from the official charge form:
...IT IS IMPORTANT TO FILE YOUR CHARGES AS SOON AS POSSIBLE AFTER THE DISCRIMINATION TOOK PLACE. To be sure your rights are protected, you should file no later than 90 days after the incident complained of. If you file later than that, the Commission may not be able to assist you.
...When the Commission receives the charge, a representative will review the facts and contact you either by mail or in person.
...If your charge is one which can be handled by the Commission, an investigator will gather all the facts from the situation from you and from the parties you have charged with discrimination.
...A COPY OF YOUR CHARGE WILL BE GIVEN TO THE PARTIES YOU HAVE CHARGED WITH DISCRIMINATION. THIS IS REQUIRED BY LAW.
...If the Commission does not find that the facts support your charge, you will be notified that the charge has been dismissed. The parties you have charged with discrimination will also be notified. ...If the Commission finds reasonavle cause to believe that you have been discriminated against, it will attempt to conciliate and reach an agreement satisfactory to you and the company (or union, employment agency or apprentice committee).
...If it fails to reach such an agreement within a specified period of time, you have the right to take your complaint to court.
...If you live in a state which has fair employment practice law, the Commission may be required to turn your case over to the state or local agency. You will be notified if this is done and you will be informed of your right to file the charge with our Commission at a later date, if you wish to do so.
OTHER AVENUES Individual Commissioners may initiate complaints if they receive information which indicates that the law has been violated. In certain cases, where the Commission feels that a pattern or practice of discrimination exists rather than a single instance, the Justice Department will be advised and the Attorney General may then undertake action in the U.S. District Court.

STATE AGENCIES
Title VII provides that the Equal Employment Opportunity Commission defer investigation of a case arising in a state with an enforcable fair employment practice law and the means to enforce it for a period of not less than 60 days and, in the case of a newly established state Fair Employment Practice organization, for a period of not more than 120 days. The Commission has determined that it will defer to the following jurisdictions:
Alaska, California, Colorado, Connecticut, Delaware, DIstrict of Columbia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Washington, West Virginia, Wisconsin, and Wyoming.
On cases involving sex discrimination, the Commission defers to the following: Connecticut, Maryland, Nebraska, Utah, District of Columbia, Hawaii, Massachusetts, Nevada, Wisconsin, Michigan, New York, Missouri, and Wyoming.
The Commission does not defer to: Idaho, Maine, Montana and Vermont. These states provide criminal sanctions for discrimination but do not establish or authorize a state agency to administer the statute.
The Commission does not defer to: Arizona, Oklahoma and Tennessee. These outlaw discrimination or declare it contrary to state policy, but do not provide for effective enforcement. The Commission does not defer to New Hampshire. The agency lacks budget for staff to enforce the state law.

RELATED FEDERAL AGENCIES
Other federal agencies have authority to assure equal employment opportunity.
- National Labor Relations Board can prohibit certain discriminatory practices by labor unions and employers.
- Office of Federal Contract Compliance, Depanrtment of Labor, administers to the President's Executive Order which requires affirmative efforts to provide equal job opportunity by all government contractors and subcontractors working on contracts and fecerally assisted construction which exceed $10,000 or contracts or purchase orders for standard commercial supplies which exceed $100,000.
- Federally Assisted Programs -- Title VI of the Civil Rights Act forbids discrimination in federally assisted programs or activities.
- U.S. Civil Service Commission is required to supervise and provide leadership and guidance in the conduct of equal employment programs for federal employees and applicants for employment within the executive department and agencies.
  
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