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Transcript
SUMMARY OF CIVIL RIGHTS LAWS, ACTS, AND AMENDMENTS
Declaration of Independence (1776) WE hold these Truths to be self-evident, that all Men are created
equal, that they are endowed by their Creator with certain unalienable Rights, that among these
are Life, Liberty, and the Pursuit of Happiness - That to secure these Rights, Governments are
instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any
Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to
abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its
Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.
Constitutional Amendment V (1791) No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall
any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for public use, without just
compensation..
Constitutional Amendment XIV (1868) Section 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they
reside. No state shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Civil Rights Act of 1866 "All persons within the jurisdiction of the United States shall have the
same right to make and enforce contracts, to sue, be parties, and give evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons and property as it is enjoyed by white
citizens, and shall be subject to like punishments, pains, penalties, taxes, licenses, and exactions of every
kind and no other. "
The Constitutional Right to Vote Amendment XV (1870) Section 1. The right of citizens of the United
States to vote shall not be denied or abridged by the United States or by any state on account of race,
color, or previous
condition of servitude.
Amendment XIX (1920) The right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any state on account of sex. Congress shall have power to enforce
this article by appropriate legislation.
Title VI of the Civil Rights Act of 1964 “...no person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity receiving federal financial assistance.”
Prohibits discrimination in Federally Assisted Programs. Offer Programs to all based on Race, Color
and National Origin. Cannot exclude from participation. Non-compliance results in loss of funds.
Title VII of the Civil Rights Act of 1964 "It shall be unlawful employment practice for an employer to:
... fail 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.”
…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.”
...fail or refuse to refer for employment, or otherwise to discriminate against any individual
because of such individual's race, color, religion, sex or origin, or to classify or refer for
employment any individual an the basis of his race, color, religion, sex, or national origin"
Prohibits discrimination in anything to do with employment. Salary, location of office, employed or not,
Race, Color, National Origin, Age, Sex and Religion. Protected by Law, Courts, Legal System. Doesn't
directly affect use of Federal $.
Title IX - Education Amendments of 1972 “No person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
education program or activity receiving Federal financial assistance.”
The Americans with Disabilities Act of 1990 A federal antidiscrimination statue designed to remove
barriers which prevent qualified individuals with disabilities from enjoying the same employment
opportunities and program services that are available to persons without disabilities. An individual is
considered to have a disability if that individual either: 1. Has a physical or mental impairment which
substantially limits one or more of that person's major life activities, or, 2. Has a record of such
impairment., or, 3. Is regarded as having such an impairment.
BACKGROUND:
The Civil Rights Act (1957) provides for equal protection of the laws under the Constitution.
Public Law 88-352 (The Civil Rights Act of 1964) was passed by the 88th Congress on July 2, 1964. Its
purpose was:
“to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the
United States to provide injunction relief against discrimination in public accommodations, to
authorize the Attorney General to institute suits to protect constitutional rights in public
facilities and public education, to extend the Commission on Civil Rights, to prevent
discrimination in federally assisted programs, to establish a Commission on Equal Employment
opportunity, and for other purposes.”
The Act included:
TITLE I
TITLE II
TITLE III
TITLE IV
TITLE V
TITLE VI
TITLE VII
TITLE VIII
May 2002
VOTING RIGHTS
INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF
PUBLIC ACCOMMODATION
DESEGREGATION OF PUBLIC FACILITIES
DESEGREGATION OF PUBLIC EDUCATION
COMMISSION ON CIVIL RIGHTS
NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
EQUAL EMPLOYMENT OPPORTUNITY
REGISTRATION AND VOTING STATISTICS
Page 2 of 5
TITLE IX
TITLE X
TITLE XI
INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS
CASES
ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE
MISCELLANEOUS
“NEED TO KNOW” INFORMATION FOR EXTENSION EMPLOYEES:
1.
CIVIL RIGHTS ACT OF 1964
Title VI (Non-Discrimination in Federally Assisted Programs) of the 1964 Civil Rights Act states
that everyone has a right to receive any service, financial aid or other benefit under federally-aided
programs regardless of their race, color or national origin. The Act reads:
"No person in the United states shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance."
2.
SUPPLEMENTAL INSTRUCTIONS for Administration of Title VI of the Civil Rights Act of
1964, in The Cooperative Extension Service
(Recognizing that Programs of Federal financial assistance are many and varied in purpose,
Congress did not specify detailed requirements and controls in Title VI. Instead, each Federal
agency responsible f or administering programs of Federal assistance was directed to develop and
issue regulations based on Agency programs and needs. USDA regulations were developed,
approved by the President, and distributed to all Land-Grant University Presidents and State
Extension Directors.)
The purpose of these instructions (dated July 2, 1965) were to Supplement USDA regulations as
they applied to the Cooperative Extension Service, and to prescribe administrative procedures to
be followed by State Extension Services under Title VI.
NOTE: An amendment to the instructions was issued October 6, 1965. It states:
“...the Cooperative Extension Service cannot assist or conduct educational programs
through any group or organization that follows discriminatory practices based on race,
color, or national origin.”
3.
SECRETARY’S MEMORANDUM NO. 1662 AND SUPPLEMENTS 1, 2, 3, 3 REVISED, 4,
5, and 6
The Secretary's Memorandum deals with USDA Policy on Civil Rights. Basically, it was a "renew
and strengthen our efforts" memo to insure equal access and opportunity in all aspects of our
programs without regard to race, color, or national origin to the fullest extent of the law.
In Supplement 1, procedures were to be developed that measured minority group members
compared to program participation and reviewing each fiscal year minority participation and
conformance to established targets.
May 2002
Page 3 of 5
In Supplement 2, direction was given to renew and strengthen efforts to insure equal access to all
USDA programs. These included advising minorities of program availability, displaying the
“Justice for All” poster, using graphics and photos that exhibited diversity.
In Supplement 3, Agency heads were directed to develop and conduct Civil Rights training... to
increase supervisor awareness of minority group problems and to improve the delivery of benefits
and services of the Department of Agriculture without regard to race, color, or national origin.
In Supplement 3 - Revised, direction was given for development and implementation of a
“standard” Civil Rights Training Program.
Supplement 4 does not apply to Extension.
In Supplement 5, agencies were instructed to promote parity of participation by minority groups by
including them in planning and to provide approved targets against which performance could be
measured.
Supplement 6 does not apply to Extension.
4.
TITLE 7 CFR 15
NOTE: CFR - Code of Federal Regulations
TITLE 7 - AGRICULTURE
CPR 15 - NONDISCRIMINATION
This document deals with nondiscrimination in federally-assisted programs of The Department of
Agriculture. Providing a means for compliance with Title VI of the Civil Rights Act of 1964, it
reads:
“... no person in the United States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving Federal financial assistance from the
Department of Agriculture or any Agency thereof.”
5.
TITLE 9, EQUAL OPPORTUNITY, USDA-ADMINISTRATIVE REGULATIONS
(Different then Title IX Education Amendments of 1972)
The office of Equal opportunity was established November 16, 1971.
This document (New Title 9 - Equal Opportunity) authorizes the Director, Office of Equal
Opportunity, to develop and administer “…a comprehensive program to assure equal opportunity
for all persons in all aspects of USDA programs without regard to race,
color, national origin, sex, or religion to the full extent of the law...”
May 2002
Page 4 of 5
6.
TITLE 17 CFR 15A
This document deals with nondiscrimination on the basis of sex. It provides the means for
compliance with Title IX of the Education Amendments of 1972 which states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any education program or activity
receiving Federal financial assistance.”
7.
TITLE 7 CFR 15B
This document deals with nondiscrimination on the basis of handicap. It provides the means for
compliance with the Rehabilitation Act of 1973 which states:
“No otherwise qualified handicapped individual in the United States shall, solely by reason of
his handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance...”
8.
THE AMERICANS WITH DISABILITIES ACT (ADA)
Public Law 101-336 (The Americans With Disabilities Act) was signed by the President on July
26,1990. Modeled after Title VII of the Civil Rights Act and Section 504 of the Rehabilitation Act,
it:
“…prohibits discrimination against the disabled in employment and mandates their full
participation in...programs and activities...receiving Federal financial assistance.”
ADA covers employment (personnel) and accessibility (facilities and programs/activities).
While “disability” and “handicap” equate in meaning, disability is now used to reflect today's
accepted terminology.
9.
EXECUTIVE ORDER NO. EO-87-20 FROM THE OFFICE OF THE GOVERNOR, STATE OF
OREGON
Prohibition of discrimination on the basis of sexual orientation. Stated that “…to deny a person a
job or access to vital social services for reasons unrelated to his or her abilities or needs is a
fundamental injustice.”
Further states that “The state of Oregon will not discriminate on the basis of sexual orientation in
hiring or providing state services.”
May 2002
Page 5 of 5