History, Laws and International Laws

Civil Rights Act Of 1964

The pervasive growth of the American population during the 20th century was accompanied by increased discrimination and segregation in businesses and society. Many people from minority groups were discriminated against and segregated in various areas, including workplaces, schools, hospitals, and other social amenities. The inequalities and injustices were mainly based on race, sex, national origin, color, and religion. Activists such as Martin Luther King Jr. and other concerned parties joined forces and formed movements in the quest to pursue equality for all in the United States. The struggle continued through demonstrations and marches, sometimes accompanied by violence that led to undesirable consequences as the police engaged the protesters. It was some of these inhumane occurrences that prompted President J. F. Kennedy to propose civil rights legislation in June 1963 that outlawed discrimination and segregation of people based on color, race, national origin, sex, and religion (Act, 1964). However, the president faced a lot of resistance concerning the bill from the public and some members of Congress who felt that they were not ready to have equal civil rights with African Americans concerning employment and public places. He was assassinated in November 1963 and automatically succeeded by his vice president, Lyndon B. Johnson.

Policy Description

History

President Johnson’s efforts, together with the growing protests mobilized by civil rights leader Martin Luther King Jr., led to the passage of the bill into law, which was signed on July 2, 1964. However, before the signing, the concerned parties faced a lot of personal and political challenges and conflicts from those who opposed the bill, particularly white Americans in Congress and the Senate. President Johnson was aware that he needed to be strategic and dedicated to ensuring that the legislation passed the congressional committee and the legislature because it was not easy, considering the opposition from Republicans and a section of Southern Democrats. Unlike Kennedy, he was in a better position to make the bill into law successfully (Costly, 2018). First, he had served as the majority leader of the Senate for many years, and he also had extensive knowledge of Congress and how it functioned. Second, Johnson was known for his strategies of compromise in the administration, which earned him significantly close relationships with Senate members and various representatives from both the Republican and Democratic Parties. He even threatened some individuals, such as Senator Russell of Georgia, with taking the matter personally because of his continued opposition to the bill. Furthermore, he used the assassination of his predecessor to his advantage by persuading people to support the bill as a way of preserving Kennedy’s legacy. Eventually, persistence, commitment, political strategies, and skills led to the passage into law of one of the most significant bills in American history.

The Civil Rights Act changed the history of the democratic United States. The law was based on ten significant features, each of which had its own provisions. It banned all forms of discrimination and segregation in various places, including public accommodations such as hotels, courthouses, restaurants, hospitals, parks, and schools. Additionally, Title VII of the Civil Rights Act granted all races in the US equal job opportunities, employment rights, and freedoms. To ensure that the federal law was effective in the country, various features were added to enable the protection of rights and prosecution of offenders (Costly, 2018). However, there were those who were not satisfied with its passage, and they appealed to the Supreme Court, though they were unable to provide sufficient evidence to facilitate its termination. The petitioners included the owner of the Atlanta Motel. The passage of the Civil Rights Act of 1964 opened the way for other federal laws, including the Voting Rights and Fair Housing Acts of 1965 and 1968, respectively.

Current Situation

The federal Act is governed and regulated by the Equal Employment Opportunity Commission (EEOC), which ensures that there is no discrimination or segregation of anybody in the workplace or any public setting. Also, the Fair Employment Practice Agencies (FEPAs) within the states are responsible for making sure that the provisions of the Civil Rights Act of 1964 are followed and respected. Some of its features that are most recognized by the EEOC are Title IV, which prohibits segregation in public schools; Title V, which gives the Act more responsibilities; and Title VI, which ensures that there is no discrimination in the distribution of finances by federally funded programs and institutions. Title VII is the main feature included in the Act that provides anyone with the right to file a lawsuit if discriminated against or segregated in public amenities or at the workplace due to his or her color, race, sex, national origin, or religion. The EEOC is mandated to investigate and sue employers who violate the provisions of Title VII of the Civil Rights Act on behalf of employees. Over the years, various pieces of legislation related to the CRA of 1964 have been enacted, including the Equality Act of 2015. Moreover, the Act currently accommodates the rights of various minority groups in society, including the elderly, pregnant women, and disabled individuals in the US. Its 50th anniversary was recognized and celebrated in 2014 in Austin, Texas, with several former American presidents, including Carter, Clinton, Bush, and Obama, attending. Martin Luther King Jr. and Coretta Scott King were awarded the Congressional Gold Medal as a way of marking the celebration.

The Rationale Of The Public Policy

Background Reasons

President John F. Kennedy proposed the passage of the Civil Rights bill after he saw the hardships African Americans went through, including being killed by anti-riot law-enforcement officers as they tried to plead with the government to grant them opportunities equal to those of white people in the US. He sympathized with such situations and decided that there was a need to establish a law that enabled everyone to enjoy equal rights and freedoms in America. Also, Kennedy did not like the way people lived in a country where some were considered superior to others, and he saw this as creating a bad impression and causing international embarrassment. Similarly, Lyndon Johnson followed in his predecessor’s footsteps. He was more compassionate and vigorous regarding the bill since he had been moved by the unrelenting and persistent struggle of African Americans to demand full recognition and equality. Hence, he was ready to battle the legislation’s opponents until it became law under the United States Constitution and minority groups were granted the rights they deserved.

Basic Reasons

The primary reasons for the enactment of the Civil Rights Act of 1964 were to put an enduring end to discrimination and segregation against minority groups and citizens living in the United States of America. The fight and struggle against inequality and injustice in the workplace and social amenities had gone on long enough. Also, a significant number of people had lost their lives, and the concerned individuals and groups, including Presidents Kennedy and Johnson and leaders such as Martin Luther King Jr., among others, felt that it was time to end the conflicts (The, 2018). The signing of the bill into federal law was the only solution to these problematic issues, and its passage granted African Americans and other minorities in the US the equality they had anticipated for many decades. Although discrimination and segregation did not end, at least marches, demonstrations, and protests were reduced in the country.

Analysis Of The Policy’s Efficacy

Based on the experiences of various individuals, mainly African Americans who lived before the enactment of the Civil Rights Act of 1964 and its multiple titles, including Titles IV, V, VI, and VII, it is evident that the policy has had a significant impact on the people of the United States. Most of these individuals agree that the federal law has improved the lives of people, particularly those from minority groups who could not access specific resources and amenities due to discrimination and segregation. William Walker, a retired civil rights leader, is one of the African-American individuals who can affirm that the policy has made a significant contribution to creating a more democratic country compared with the period before the enactment of the Civil Rights Act. During the 1950s, as a college student, he would travel to Indiana to look for a job because he could not be offered one in the South due to the pervasive segregation that had dominated the country at the time. Today, his grandsons can freely access scholarships and internships without being discriminated against or segregated because of their color or race. John Lewis Jr. is another African American who is now a lawyer and Chief Officer at Coca-Cola and whose mother had a chance to work in a furniture store in Texas as the only Black person in the business. Before 1964, when the federal policy was enacted, Lewis’ mother could not have obtained that particular job.
According to a survey conducted in 1999, just over three decades after the enactment of the Civil Rights Act, it is evident from the results obtained that the federal policy had begun transforming the US and the way people interacted with one another (Leonard, 2018). Some of the results obtained from the study include the following:

  1. The school dropout rate among African Americans had significantly decreased from 20% in 1976 to 13% in 1996.
  2. The percentage of African Americans graduating from high school gradually increased in the 1990s. In 1990 and 1997, 66% and 75% of individuals, respectively, had completed high school.
  3. There was a 61% increase in the number of students from minority groups enrolling in colleges and universities between 1986 and 1996.
  4. In the years 1972, 1992, and 1995, there was a gradual increase of 15%, 34%, and 37%, respectively, in female participation in college athletics.
  5. There was a 48% increase in the number of African Americans who received doctorates in 1996 compared with 1987, when 1,563 of them were awarded.

According to other surveys, in 2014, minority groups constituted 35% of the total private-sector workforce compared with 25% in 1996 (Title, 2018). Although women and people living with disabilities in the US are still underrepresented in the corporate world in higher positions and the best-paying jobs, the percentages cannot be compared with those of 50 years ago because there has been a gradual increase in their representation.

However, the civil rights legislation has not entirely achieved the anticipated expectations of individuals like Presidents Kennedy and Johnson and civil rights leader King Jr. U.S. Bureau of Labor Statistics figures from 2014 showed that a woman earned 82 cents when a man earned 1 dollar in the same job position, while in 1975, women earned 75 cents per 1 dollar paid to male employees. Reports and recent occurrences illustrate situations indicating that racial segregation and discrimination have yet to be eliminated from the US. White police officers are increasingly reported for killing unarmed Black men or women and later being declared innocent by the courts. African Americans still experience some difficulties similar to those before the enactment of the Civil Rights Act of 1964. Three-quarters of Black students still attend poor and segregated public schools. Careers that are Black-dominated pay less than those dominated by white workers. In 2010, released reports indicated that Black professionals earned 73 cents compared with 1 dollar earned by white professionals.

Implementation

The federal policy of the Civil Rights Act of 1964 is implemented through Title VI. It is one of its major features and declares that no one should be discriminated against in matters and programs that are funded using federal finances. Everybody is equally entitled to these programs regardless of one’s color, race, national origin, religion, or sex. Federal agencies are responsible for ensuring that they identify the elements that fall under Title VI. Once these agencies have determined the relevant projects and programs specified by the Act, they are supposed to ensure that they execute their roles efficiently (Office, 2018). The Justice Department’s role is to assist federal agencies in sufficiently and efficiently performing their responsibilities by enforcing the established laws and prosecuting offenders who violate these statutes. The Government Accountability Office (GAO) of the US plays a significant role in making sure that the agencies are aware of and accountable for their responsibilities regarding the Title VI provisions of the Civil Rights Act. Hence, in cases of inaccuracy or unclear circumstances in which the agencies are not aware of their duties, the GAO has the authority to direct the Attorney General to instruct the Justice Department’s Civil Rights Division to highlight and clarify anything that the federal agencies do not understand. Hence, the policy is implemented, and its progress is tracked by various agencies that have different responsibilities regarding its execution to ensure that each party plays its role sufficiently and efficiently. In summary, the federal agencies are the implementers, the Department of Justice is the enforcer and prosecutor, and the GAO is the examiner of how the Act is implemented. In this regard, each party is held accountable by the federal government when the provisions of the policy are not fully and efficiently executed.

Evaluation

The above figures from the analysis of the Act’s efficacy are a small representation that illustrates the impact the Civil Rights Act of 1964 has had in the US, mainly through the inclusion of minority groups in various resources funded by the federal government. Before the Act was passed, it was difficult for a woman or an African American to acquire a job in white-dominated workplaces, but years later, this became possible, as in the case of Lewis’s mother. Also, obtaining a scholarship or internship as a person from a minority group was nearly impossible in the years before 1964, but now these benefits can be offered freely to anyone regardless of race, color, national origin, religion, or sex, as in the case of William Walker’s grandsons. Further, the results from the 1999 survey indicate the efficacy of the civil rights policy since its enactment in 1964. The report indicates the significant transformation the Civil Rights Act has brought to the lives of individuals belonging to minority groups in the US. The figures show a gradual increase over time, indicating that African Americans and other minorities, including Latinos, took advantage of the federal policy to better their lives and obtain what they had previously been denied because of discrimination and segregation. For instance, a 61% increase in Black Americans’ enrollment in colleges is a clear indication that they lacked appropriate opportunities to study and further their education. Also, women have significantly benefited from the law, as the survey illustrates that more women were college athletes than in earlier years. Women can access public amenities, including education and sports, following the Act’s directive against sex-based discrimination. Considering that the survey was conducted almost two decades ago, it is evident that women are proportionally represented in education and sports. Furthermore, currently, everybody has the freedom to participate in any athletic activity without restrictions from any individual or agency. This indicates that the country has become more civilized than it was in the early 20th century, when women were not considered eligible for certain activities such as sports and education.

Additionally, the percentage of minority-group participation in private corporations has significantly increased from almost 0.1% to nearly 50% since the enactment of the Civil Rights Act in 1964. Initially, citizens from minority groups were not allowed in private businesses because of their color, race, national origin, sex, or religion, but five decades later, these groups constituted 35% of the workforce in sectors from which they had initially been segregated and discriminated against (Title, 2018). This implies that the initial perception of minorities has changed over the years, and white people, who were the segregators and discriminators, are now recognizing and respecting other American citizens and their economic and social contributions to the country. Also, the changes in the figures show that interaction between white people and other minority groups has improved, as they can now work and function together with one primary agenda without either party confronting or conflicting with the other. Moreover, this illustrates an enhanced level of civilization that has been mainly influenced by the enactment of the Civil Rights Act, and it indicates that with more combined efforts, the remaining cases of discrimination and segregation will be entirely eradicated in the United States.

The implementation of the 1964 federal policy has contributed positively to the transformation of the US, but unfortunately, it has been unable to bring an end to segregation and discrimination completely. Some regions are still facing the adverse effects of segregation and discrimination against minorities by white people. A significant percentage of African Americans are still living in poor and abandoned suburban areas, while their white fellow citizens are living in middle-class neighborhoods. Why are Black and white people not living together? The answer to such a question is simple: there is still racial segregation in the country. Although there are people from minority groups who are living luxuriously in the country, the percentage of poor people among minorities is still high compared with that among white people. This indicates that the country needs to do more if there is to be equality, as was intended 50 years ago when the federal law was being enacted. Moreover, women are still discriminated against by their male counterparts in the corporate world and in businesses in various parts of the country. Why should a man earn 1 dollar while his female counterpart in the same job position earns 82 cents? It illustrates that equality is still lacking in America because if it existed, a woman would earn the same as a man. Also, the Justice Department has yet to recognize equality between white people and other minorities, including African Americans. A white law-enforcement officer can openly shoot a Black person in front of cameras but still be declared innocent, while a Latina woman can be found in possession of a gun and be sentenced to several years in jail. Where is the justice and equality in that? Undoubtedly, there is none, and that implies that the country has a long way to go before the goals and objectives of the Civil Rights Act of 1964 are fully achieved.

Recommendations

Over five decades might have been ample time to achieve the objectives of the Civil Rights Act of 1964, but that has not been done since only a small percentage of the objectives has been achieved. Probably, some think that they have had enough of what they were seeking and that there is no need to ask for more. However, that is not the case because the African-American community, together with other minorities, has to complete the mission given to them by the likes of Martin Luther King Jr. and Malcolm X when they were fighting for the equality of Black people in America. They played their part, and the federal law that prevents discrimination and segregation against Black people and other minorities was passed, allowing them the same rights as white people. The modern African American is different from the one who lived during the early 20th century. Black people now have political and economic power that can be used to ensure that they are given their rightful places in their country. They should take advantage of this influence to completely eradicate modern discrimination and segregation against their people by white people.

Furthermore, there are many more educated African Americans than there were in the 1950s and 1960s, and they have the capability to make further changes in the implementation of the federal policy passed in 1964. More amendments can be made to it to favor their interests and eliminate existing modern discrimination and segregation. The educated and elite members of the community should be at the forefront, fighting for the interests of their fellow men and women who are still subject to the superiority of white people. Thus, by combining efforts, more changes will be seen across America, where there will be total equity and justice for everyone regardless of color, race, origin, sex, or religion, as was the primary objective of the enactment of the Civil Rights Act in 1964.

References

(2018). Scholarship.law.duke.edu. Retrieved 10 March 2018, from https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3870&context=lcp
Act, A. (1964). Civil Rights Act of 1964. Title VII, Equal Employment Opportunities.
Civil Rights Act | Summary, Facts, & History. (2018). Encyclopedia Britannica. Retrieved 10 March 2018, from https://www.britannica.com/event/Civil-Rights-Act-United-States-1964
Leonard, J. (2018). The Effectiveness of Equal Employment Law and Affirmative Action RegulationNBER. Retrieved 10 March 2018, from https://www.nber.org/papers/w1745
Office, U. (2018). : Actions Taken by Federal Agencies To Implement Title VI of the Civil Rights Act of 1964Gao.gov. Retrieved 10 March 2018, from https://www.gao.gov/products/112097
The Civil Rights Act of 1964 – The Civil Rights Act of 1964: A Long Struggle for Freedom | Exhibitions – Library of Congress. (2018). Loc.gov. Retrieved 10 March 2018, from https://www.loc.gov/exhibits/civil-rights-act/civil-rights-act-of-1964.html
Title VII Changed the Face of the American Workplace. (2018). SHRM. Retrieved 10 March 2018, from https://www.shrm.org/hr-today/news/hr-magazine/pages/title-vii-changed-the-face-of-the-american-workplace.aspx
Title VII of the Civil Rights Act of 1964: Equal Employment Opportunity – FindLaw. (2018). Findlaw. Retrieved 10 March 2018, from https://employment.findlaw.com/employment-discrimination/title-vii-of-the-civil-rights-act-of-1964-equal-employment.html

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