CIVIL RIGHTS
Brief Legal History of
Civil Rights Legislation
List of Statues

The following list of statues will be
organized in the following manner:
– First the Date
– Name of the Statue
– Provisions
– (and at times comments)
Under the Andrew Johnson and
Ulysses S. Grant administration the
following two acts were passed by
Congress and signed by the President:
 1866 and 1877
 Civil Rights Acts of 1866 and 1870

Civil Right Acts 1866
and 1870

Provisions:
– Prohibited intentional discrimination
based on race, color, national origin or
ethnicity.
– Permitted Lawsuits

Comment:
– Key is the word intentional
– No gender
Equal Pay Act



1963, signed by John F. Kennedy
Equal Pay Act
Passed as an amendment to Wages and
Hours Act, passed by the U.S. Congress in
1938 to establish minimum living standards
for workers engaged directly or indirectly in
interstate commerce, including those
involved in production of goods bound for
such commerce.
Equal Pay Act

Provisions:
– Prohibits paying workers of one sex
different wages from the other when the
job involves substantially similar skills,
effort, and responsibility
– Wage and Hour Division of the
Department of Labor enforces the law
Equal Pay Act
– Private Lawsuits with double damage
recovery for up to three years plus
attorney's fees.
Civil Rights Act
1964, signed by Lyndon B. Johnson
 Civil Rights Act
 Provisions:

– Outlaws all employment discrimination on
the basis of race, color, religion, sex, or
national origin.
– Applies to:
 hiring
Civil Rights Act, 1964

Provisions (Continuation)
– Applies to (continuation):
 pay
 working
conditions
 promotion
 discipline
 and discharge
– Enforcer
 Equal
Employment Opportunity Commission
Civil Rights Act, 1964

Enforcer
 Created
the Equal Employment Opportunity
Commission (EEOC)
 The EEOC is composed of five members, not
more than three of whom shall be members
of the same political party. Members of the
Commission shall be appointed by the
President by and with the advice and consent
of the Senate for a term of five years.
Civil Rights Act, 1964

Lawsuits
– Attorney fees and costs recoverable

Lots more on this act after all the other
acts are discussed
Age Discrimination in
Employment Act
1967, also signed by Johnson
 Provisions:

– Prohibits employment discrimination
because of age against employees over
40 and mandatory retirement restrictions
Equal Employment
Opportunity Act



1972, signed by President Richard M. Nixon
Amended Title VII to broaden it and to
provide EEOC greater ability to bring
enforcement action in the courts.
Discrimination charges could be brought by
organizations on behalf of aggrieved
individuals, as well as by employees and job
applicants themselves.
Rehabilitation Act
Prohibits Employment Discrimination
on the basis of a handicap.
 Comments:

– It specifically indicates that none of the
following will be considered Handicap:
 The
term "individual with a disability" does not
include an individual who is currently
engaging in the illegal use of drugs
Rehabilitation Act

Comments (continuation):
– It specifically indicates that none of the
following will be considered Handicap
(Continuation):
 the
term "individual with a disability"does not
include an individual on the basis of
homosexuality or bisexuality
Rehabilitation Act


Comments (continuation):
the term"individual with a disability" does not
include an individual on the basis of



(i) transvestism, transsexualism,
pedophilia,exhibitionism, voyeurism, gender identity
disorders not resulting from physical impairments, or
other sexual behavior disorders;
(ii) compulsive gambling, kleptomania, or pyromania;
or
(iii) psychoactive substance use disorders resulting
from current illegal use of drugs.
Pregnancy
Discrimination Act
1978, signed by President Jimmy
Carter
 Prohibits discrimination on the basis of
pregnancy, childbirth, or related illness
in employment opportunities, health or
disability insurance programs, or sick
leave plans.

Pregnancy
Discrimination
Act

Specifically:
– Prohibits termination or refusal to hire or
promotion of women solely because they
are pregnant.
– Bars fixed pregnancy leave conditions.
– Protects reinstatement rights of women
on pregnancy leave.
– Treats pregnancy as any other disability
under fringe benefit plans
Pregnancy
Discrimination
Act

Specifically:
– If an employee is temporarily unable to
perform her job due to pregnancy, the
employer must treat her the same as any
other temporarily disabled employee; for
example, by providing modified tasks,
alternative assignments, disability leave
or leave without pay.
Pregnancy
Discrimination
Act

Specifically:
– Pregnancy related benefits cannot be
limited to married employees. In an allfemale workforce or job classification,
benefits must be provided for pregnancy
related conditions if benefits are provided
for other medical conditions..
Pregnancy
Discrimination
Act

Specifically:
– If an employer provides any benefits to workers
on leave, the employer must provide the same
benefits for those on leave for pregnancy related
conditions.
– Employees with pregnancy related disabilities
must be treated the same as other temporarily
disabled employees for accrual and crediting of
seniority, vacation calculation, pay increases and
temporary disability benefits.
American with
Disability Acts


1990, signed by President George Bush
No covered entity shall discriminate against
a qualified individual with a disability
because of the disability of such individual in
regard to job application procedures, the
hiring,advancement, or discharge of
employees, employee compensation, job
training, and other terms, conditions, and
privileges of employment.
American with
Disability Acts

The term discrimination is to mean:
 limiting,
segregating, or classifying a job
applicant or employee in a way that adversely
affects the opportunities or status of such
applicant or employee because of the
disability of such applicant or employee
 excluding or otherwise denying equal jobs or
benefits to a qualified individual because of
the known disability of an individual with
whom the qualified individual is known to
have a relationship or association
American with
Disability Acts

The term discrimination is to mean
(continuation):
 not
making reasonable accommodations to
the known physical or mental limitations of an
otherwise qualified individual with a disability
who is an applicant or employee, unless such
covered entity can demonstrate that the
accommodation would impose an undue
hardship on the operation of the business of
such covered entity
American with
Disability Acts

The term discrimination is to mean
(continuation):
 denying
employment opportunities to a job
applicant or employee who is an otherwise
qualified individual with a disability, if such
denial is based on the need of such covered
entity to make reasonable accommodation to
the physical or mental impairments of the
employee or applicant
American with
Disability Acts

The term discrimination is to mean
(continuation):
 using
qualification standards, employment
tests or other selection criteria that screen out
or tend to screen out an individual with a
disability or a class of individuals with
disabilities unless the standard, test or other
selection criteria, as used by the covered
entity,is shown to be jobrelated for the
position in question and is consistent with
business necessity
American with
Disability Acts

The term discrimination is to mean
(continuation):

failing to select and administer tests concerning
employment in the most effective manner to ensure
that, when such test is administered to a job applicant
or employee who has a disability that impairs
sensory,manual, or speaking skills, such test results
accurately reflect the skills, aptitude, or whatever other
factor of such applicant or employee that such test
purports to measure, rather than reflecting the impaired
sensory, manual, or speaking skills of such employee
or applicant (except where such skills are the factors
that the test purports to measure).
Civil Rights Act of 1991


Expanded the Civil Rights Act of 1964 and
was also signed by President Bush
Main Purposes:
– Extended punitive damages and jury trials to
victims of employment discrimination.
– Put women on equal basis with victims of racebased discrimination.
– Put more of the burden of proof of nondiscrimination on the employer
Act of 1991
– Extended punitive damages and jury trials to
victims of employment discrimination.

Determination of punitive damages. - A complaining
party may recover punitive damages under this section
against a respondent(other than a government,
government agency or political subdivision) if the
complaining party demonstrates that the respondent
engaged in a discriminatory practice or discriminatory
practices with malice or with reckless indifference to
the federally protected rights of an aggrieved individual
Act of 1991
– Put women on equal basis with victims of racebased discrimination.
– Set up a "Glass Ceiling Commission"

to focus attention on, and complete a study relating to,
the existence of artificial barriers to the advancement of
women and minorities in the workplace, and to make
recommendations for overcoming such barriers. The
Commission is to be composed of 21 members, with
the Secretary of Labor serving as the Chairperson of
the Commission. This title does not directly impose
any responsibilities or obligations on the EEOC except
to provide information and technical assistance as
requested by the new Commission.
Act of 1991
– Put more of the burden of proof of nondiscrimination on the employer
– It was a reaction to two cases that had
gone before the Supreme Court
 Griggs
v. Duke Power Co., 401 U.S. 424
(1971)
 Wards Cove Packing Co. v. Antonio, 490 U.S.
642 (1989)
 More about this later…….
Act of 1991

In Essence:
– Companies had used a loop-hole in the
1964 Act and subsequent acts which
allowed them to establish “businessrelated” and “job related” conditions to
continue to discriminate.
– Mainly, because it was up to the
employee to prove they were being
discriminated against
Charge Statistics by the EEOC
FY 1992 Through FY 2000
FY 1992
Total
Charges
Race
Sex
National
Origin
Religion
72,302
29,548
40.90%
21,796
30.10%
7,434
10.30%
1,388
1.90%
FY 1994
91,189
31,656
34.80%
25,860
28.40%
7,414
8.10%
1,546
1.70%
FY 1996
77,990
26,287
33.80%
23,813
30.60%
6,687
8.60%
1,564
2.00%
FY 1997
80,680
29,199
36.20%
24,728
30.70%
6,712
8.30%
1,709
2.10%
FY 1998
79,591
28,820
36.20%
24,454
30.70%
6,778
8.50%
1,786
2.20%
FY 1999
77,444
28,819
37.30%
23,907
30.90%
7,108
9.20%
1,811
2.30%
FY 2000
79,896
28,945
36.20%
25,194
31.50%
7,792
9.80%
1,939
2.40%
Direct Suits by EEOC
Litigation Statistics,
FY92 through FY99
All Suits Filed
Direct Suit
Title VII
American Dissability
Age Discrimination
Equal Payment
Concurrent
Subpoena Actions
FY 92
447
347
242
84
2
19
FY 94
425
357
235
34
74
0
14
FY 96
193
167
106
38
13
1
9
FY 97
338
305
175
80
36
0
14
FY 98
405
366
229
79
36
2
20
FY 99
465
439
324
54
40
4
17
FY 2000
327
291
222
24
27
3
15
100
68
26
33
39
26
36
Resolutions Obtained
by EEOC
All Resolutions
Direct Suits and
Interventions
Title VII
ADA
ADEA
EPA
Concurrent
Subpoena Actions
FY 92
626
FY 94
469
FY 96
296
FY 97
231
FY 98
312
FY 99
317
FY 2000
428
532
360
130
11
31
408
266
9
109
3
21
278
175
52
35
0
16
208
118
46
33
0
11
290
183
64
33
1
9
294
176
65
36
0
17
402
304
51
34
4
9
94
65
18
23
22
23
26
Resolutions Obtained
by EEOC
(NOTE:
Concurrent where more than one act was in issue)
Monetary Benefits ($
in millions)
Title VII
ADA
ADEA
EPA
Concurrent
FY 92
FY 94
FY 96
FY 97
FY 98
FY 99
FY 2000
$71.10
14.7
$39.50
23.6
0.4
15
0.04
0.5
$50.80
18.8
2.5
10.5
0
19
$112.30
93.6
1.2
17.1
0
0.4
$92.20
60.5
3.1
27.3
0.2
1.3
$96.90
46.9
3.1
43.3
0
3.6
$46.90
32.1
3
11.2
0.2
0.4
55.5
0.2
0.7
Civil Rights Act of 1964

Application of Title VII
– Groups Covered
 Employers
with at least 15 workers daily for at
least for 20 weeks in current of previous year
 Labor union with 15 members or more
 Employment agency procuring worker for
employers covered
 Labor union/agencies with at least 15
employees
 State and local agencies
Civil Rights Act of 1964

Application of Title VII
– Groups NOT Covered:
 Employment
of Aliens Outside the U.S.
 Religious corporations associations,
educational institutions, or societies are
exempt when the employment of individuals
of a particular religion is connected with the
activities of such corporations, associations,
educational institutions, or societies
– ISSUE: Funding for faith based organizations
proposed by President Bush
Civil Rights Act of 1964

Application of Title VII
– Groups NOT Covered (continuation):



Congress is exempt from Civil Rights Act of 1964
Federal Government and Corporations owned by the
Federal Government are exempt from Title VII.
However, some prohibitions in other statues have been
implemented by the Federal Government
American Indian Peoples and departments and
agencies in Washington D.C.
Civil Rights Act of 1964

Employment Procedures Covered
– Hiring, compensation, training programs,
promotion, demotion, transfer, fringe
benefits, employer rules, working
conditions, and dismissals
– If the agency is a employment agency,
then also included are referrals
Civil Rights Act of 1964

Theories of Discrimination under the
Title VII Act
– Disparate Treatment
– Disparate Impact
– Pattern or Practiced of Discrimination
Disparate
Treatment

Differential Treatment with the Intention to
Discriminate
– RESPONDENT, BLACK CIVIL RIGHTS ACTIVIST, ENGAGED IN
DISRUPTIVE AND ILLEGAL ACTIVITY AGAINST PETITIONER
AS PART OF HIS PROTEST THAT HIS DISCHARGE AS AN
EMPLOYEE OF PETITIONER'S AND THE FIRM'S GENERAL
HIRING PRACTICES WERE RACIALLY MOTIVATED. WHEN
PETITIONER, WHO SUBSEQUENTLY ADVERTISED FOR
QUALIFIED PERSONNEL, REJECTED RESPONDENT'S REEMPLOYMENT APPLICATION ON THE GROUND OF THE
ILLEGAL CONDUCT, RESPONDENT FILED A COMPLAINT
WITH THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION (EEOC) CHARGING VIOLATION OF TITLE VII
OF THE CIVIL RIGHTS ACT OF 1964
Disparate
Treatment

Differential Treatment with the
Intention to Discriminate
– Neither the EEOC, nor the lower court, nor the appeals
court would stand for Mr. Green since the block of traffic
encouraged by Mr. Green was not covered under the Title
VII
– The Supreme Court send it back to Congress so that
changes would be made to the law.
Disparate
Treatment

Differential Treatment with the
Intention to Discriminate
– From then on, this has become the prima facie for
discrimination:




Plaintiff belongs to a Minority
Plaintiff applied for and was qualified for the job
Plaintiff despite job qualifications is rejected
Job remains OPEN and employer still seeking
Disparate
Impact



Practice or practices that have a
disproportionately adverse effect on women
or minorities. In one case it was due to a
hiring practice
Wards Cove Packing V. Antonio
At issue were jobs at a Alaskan salmon
canneries of two kinds:
– unskilled "cannery jobs" on the cannery lines,
which are filled predominantly by nonwhites;
– and "non-cannery jobs," most of which are
classified as skilled positions and filled
predominantly with white workers
Disparate
Impact

Wards Cove Packing V. Antonio
(continuation):
– The Court of Appeals erred in ruling that a
comparison of the percentage of cannery
workers who are nonwhite and the percentage of
non-cannery workers who are nonwhite makes
out a prima facie disparate-impact case.
– Rather, the proper comparison is generally
between the racial composition of the at-issue
jobs and the racial composition of the qualified
population in the relevant labor market.
Disparate
Impact

Wards Cove Packing V. Antonio
(continuation):
– From this case it appeared as if the
business demonstrated justification for
the discriminatory practice then
– The employee had to disprove the
justification and present an alternative
Disparate
Impact

Wards Cove Packing V. Antonio
(continuation):
– The Civil Right Act of 1991 changed that
to:
 Employee
had to show impact of operation
 Business how to show why operation was a
“business necessity”
 The Act did not reverse the statistical
approach suggested by the Supreme Court
Disparate
Impact

GRIGGS V. DUKE POWER CO.
– At issue whether Duke could require a high
school diploma or an intelligence test which
mostly discriminates against a particular ethnic
or racial group
– The Civil Rights Act of 1991 prohibited test
whose main purpose was to discriminate against
particular groups and if it was not related the
skills needed for the job
Pattern or Practice of
Discrimination
Here the discrimination is not against
an individual BUT against a covered
group
 Tools used in this type of
discrimination are:

– Circumstantial evidence
– Statistical discrimination
Specific Applications
of Title VII

Sex Discrimination
– Policies that injure a gender over an other
– Examples:
 An
Alabama penitentiary required officers to
be at least 5’2 feet tall
 State or county regulations which prohibit
women from working certain hours to ensure
they are available for their kids
Sexual Harassment
Background
72% of US Employers have Romance
Policies, 1997 data
 Sexual Harassment Cases Filed:

– 1991: 1,221 cases
– 1997: 15,889 cases
– An increase of 1,201%
– Filed by women in 1997: 88.4%
– 4.7% deemed by EEOC to have merit
Sexual Harassment

Person and Employer are liable when
Sexual Harassment occurs
– There are two forms of sexual
harassment:
 Quid
Pro Quo
 Atmosphere
Sexual
Harassment

Quid Pro Quo
– Employee is required to provide sexual
favors in order to remain employed,
secure a promotion, or obtain a raise

Atmosphere of Harassment
– Language, pictures, suggestions, etc. that
is so pervasive as to become a hostile
environment
Sexual
Harassment

In August of 1999, the EEOC and Long
Prairie Packing Company, Inc. (LLP)
(Minnesota) announced that they reached a
voluntary $1.9 million settlement that
resolved all claims in an EEOC lawsuit filed
on behalf of a class of current and former
LPP male employees who were alleged to
have been subjected to a pattern and
practice of sexual harassment
Affirmative
Action
Not Explicitly stated in Title VII
 Pros:
Supreme Court sanctioned it
as a method to bring equal footing for
women and minorities

– Method of improving societal’s
discrimination
– Method of “correcting” past discrimination
practices
Affirmative
Action

Cons: Leads to reverse discrimination
– Psychological impact
 Whites
feel not rewarded
 Minorities or women wonder if reward is
due mainly to their demographics rather
than their abilities
Groups that face
Affirmative Action

Executive Action
– State and local agencies, University and
College which receive federal funds
– Government Contractors
– Business that work on Federal Projects
 For
instance, the requirement that 10% of the
subcontractors be minority or women owned
Groups that face
Affirmative Action

Court ordered to remedy for past
discrimination
– FACT:
 Quotas
have been rare or minimal specially
when considering the public attention they
have received
Enforcement
of Title VII


Bring Complaint to EEOC or EEOC
approved state agency
– About 180 days (and at times 300 days if
filing was done first at a state or local
level or 30 days after being notified by
them that the case was terminated, which
ever comes first ) from the time the event
occurred to filing claim
EEOC or approved state agency has 10
days to provide firm with notification of
complaint
Enforcement
of Title VII
EEOC has 180 days for negotiation or
settlement
 If in those 180 days, EEOC does not
obtain action it will give employee a
“right to sue letter”
