Civil Rights Act of 1964

What Is the Civil Rights Act of 1964?

The Civil Rights Act of 1964 is a cornerstone piece of legislation that prohibits discrimination in publicly accessible places.

The law’s 11 titles address everything from voting rights and desegregation of public accommodations to court proceedings, education, and employment practices:

• Title I: Prohibits the use of different standards to “qualify” voters
• Title II: Bans discrimination against commercial business patrons
• Title III: Prohibits segregation or discrimination in public facilities
• Title IV: Prohibits discrimination in public schools and colleges
• Title V: Expands responsibilities of the US Civil Rights Commission
• Title VI: Addresses discrimination in federally funded programs
• Title VII: Prohibits discrimination in all employment practices
• Title VIII: Directs the Census Bureau to collect voting statistics related to race, color, and national origin
• Title IX: Authorizes the Attorney General to get involved in cases involving the denial of equal protection of the law
• Title X: Establishes the Community Relations Service to resolve community-based disputes related to discrimination
• Title XI: Addresses how the Civil Rights Act of 1964 interacts with state and local anti-discrimination laws

Ultimately, the Civil Rights Act of 1964 outlaws discrimination on the basis of race, color, religion, sex, or national origin.

Signed into law by then-President Lyndon Johnson on July 2, 1964, the law was originally proposed a year earlier in a televised speech by former President John F. Kennedy amid widely publicized protests that put a spotlight on unfair barriers to education and advancement.

Title VII and the Establishment of the EEOC

Title VII of the Civil Rights Act of 1964 specifically prohibits discrimination on the basis of race, color, religion, sex, and national origin in all employment practices.

This section of the law also called for the establishment of the Equal Employment Opportunity Commission (EEOC), a federal body tasked with addressing employment discrimination in private businesses, federal agencies, labor unions, and employment agencies.

The EEOC was established on July 2, 1965, exactly one year after Congress passed the Civil Rights Act of 1964. The law outlines several stipulations for how the commission must be organized:

• The commission should have five members.
• No more than three members can be from the same political party.
• Each commissioner is appointed to a five-year term.
• Commissioners are appointed by the President and confirmed by the Senate.
• The EEOC Chairman is responsible for appointing the General Counsel.

Though the EEOC was created by Title VII of the Civil Rights Act of 1964, the agency is responsible for enforcing more than just that one specific law. It also deals with employment discrimination charges and violations related to several other employment-based laws:

• The Equal Pay Act of 1963: Prohibits employers from paying men and women differently for the same job in the same workplace
• The Pregnancy Discrimination Act: Stops employers from discriminating against individuals based on pregnancy, childbirth, or related conditions
• The Age Discrimination in Employment Act of 1967: Makes it illegal for employers to discriminate against people 40 years of age or older
• The Americans With Disabilities Act of 1990: Prohibits employment discrimination against and enforces accommodations for people with disabilities
• The Genetic Information Non-Discrimination Act of 2008: Stops employers from requesting or making employment decisions based on genetic information
• The Pregnant Workers Fairness Act of 2022: Provides the right to workplace accommodations for pregnancy, childbirth, or related medical conditions

The EEOC is responsible for investigating complaints made by applicants and employees and ensuring employers take corrective action based on the agency’s recommendations. If employers fail to comply, the EEOC is authorized to bring lawsuits in which compensatory damages may be awarded.

Still, the agency wants the impact of the Civil Rights Act of 1964 to be more than just compliance. The ultimate goal is to proactively prevent workplace discrimination. To accomplish this goal, the EEOC provides education, guidance, and technical assistance to employers and federal agencies attempting to comply with anti-discrimination laws.

Civil Rights Act of 1964: Significance for Employers

When it comes to Title VII of the Civil Rights Act of 1964, the significance for employers lies in the parameters the law sets to help them avoid discriminatory employment practices. Here are just some of the ways this law impacts employers and common HR-related practices.

Accommodations

Under the Americans with Disabilities Act, employers must provide reasonable workplace accommodations for applicants and employees with disabilities when requested unless doing so would cause undue hardship or expense.

These accommodations are designed to ensure everyone can participate in the application process, perform job duties, and enjoy the benefits of employment to the same degree.

Employers should also keep in mind that the Pregnant Workers Fairness Act of 2022 extends the responsibility to provide accommodations to applicants and employees experiencing pregnancy, childbirth, or related conditions.

Compensation and Benefits

All employees, regardless of their race, color, religion, sex, or national origin, should receive the same compensation for doing the same job within the same organization. Additionally, employers need to ensure that benefit packages are offered to employees in a fair manner and that no one is denied benefits based on disability, age, or other classifications.

Harassment

The Civil Rights Act of 1964 makes it illegal to harass an employee or allow them to be harassed by any of their co-workers because of their race, color, religion, sex, national origin, age, disability, or genetic information. Harassment can be physical, but it can also be verbal, such as in the case of slurs, offensive jokes, and derogatory comments.

Employers must also take responsibility to stop harassment coming from outside of the workforce. This includes addressing this behavior from vendors, partners, clients, and customers.

Job Changes

Employers must ensure that policies for promotion, demotion, termination, transfers, recalls, and layoffs are free of discrimination and bias. Policies and criteria for each of these actions should be consistently applied to each employee, regardless of the individual's traits or classifications.

Job Training

Employers cannot deny training opportunities to any employee or bar anyone from participating in an apprenticeship program based on race, color, religion, sex, national origin, or other classifications. It’s important for employers to know the law deeply, as there are some circumstances when employers can set age limits for these programs and opportunities.

Recruitment and Hiring Practices

Employers are prohibited from discriminating against individuals during any part of the recruiting and hiring process.

This means that job descriptions must not be written in a way that implies a preference for certain individuals based on race, color, religion, sex, national origin, age, or any other discriminatory category. Additionally, applicants should not be categorized or selected based on these traits.

Retaliation

Employers are not allowed to retaliate against an employee who files a complaint or charge of discrimination with the EEOC, participates in an investigation, or files a lawsuit against the company. Retaliatory behavior may include demotion, transfers, termination, harassment, or even denial of advancement or training opportunities.

7 Best Practices for Compliance With the Civil Rights Act of 1964

Compliance with the Civil Rights Act of 1964 and other employment-related laws doesn’t just happen. Instead, it’s usually the result of a concerted effort to follow the law and ensure a workplace free of discrimination.

Here are several best practices to help management and leadership teams accomplish that goal:

• Create and distribute concrete, law-aligned policies around workplace discrimination and harassment.
• Ensure senior leadership speaks out consistently against discriminatory practices.
• Train managers and leaders on how to avoid and recognize discrimination and harassment on their teams.
• Equip managers to have sensitive conversations with employees about discrimination and harassment concerns.
• Encourage managers to regularly ensure all employees are clear on procedures for reporting discrimination and harassment.
• Help managers create a system for addressing or forwarding employee complaints in a timely manner.
• Address bias in HR technology, including ATS systems and the use of artificial intelligence and other forms of automation.

Employers and HR leaders should remember that the law is intended to be about more than just compliance. What is the Civil Rights Act of 1964 if not a way to help businesses create a positive and inclusive company culture?

Adhering to these best practices shows that you value everyone who works in your organization and that your team can work toward a common mission and uphold the rights of all stakeholders.