This is what conservative ICON Barry Goldwater voted against in 1964:
Title I[edit]
Barred unequal application of voter registration requirements.
Title I did not eliminate
literacy tests, which were one of the main methods used to exclude Black voters, other racial minorities, and poor Whites in the South, nor did it address economic retaliation, police repression, or physical violence against nonwhite voters. While the Act did require that voting rules and procedures be applied equally to all races, it did not abolish the concept of voter "qualification", that is to say, it accepted the idea that citizens do not have an automatic right to vote but rather might have to meet some standard beyond citizenship.
[38][39] It was the
Voting Rights Act, enacted one year later in 1965, that directly addressed and eliminated most voting qualifications beyond citizenship.
Title II[edit]
Outlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private".
[40]
Title III[edit]
Prohibited state and municipal governments from denying access to public facilities on grounds of race, color, religion or national origin.
Title IV[edit]
Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce said act.
Title V[edit]
Expanded the
Civil Rights Commission established by the earlier
Civil Rights Act of 1957 with additional powers, rules and procedures.
Title VI[edit]
Prevents discrimination by government agencies that receive federal funds. If an agency is found in violation of Title VI, that agency may lose its federal funding.
General
This title declares it to be the policy of the United States that discrimination on the ground of race, color, or national origin shall not occur in connection with programs and activities receiving Federal financial assistance and authorizes and directs the appropriate Federal departments and agencies to take action to carry out this policy. This title is not intended to apply to foreign assistance programs. Section 601 ā This section states the general principle that no person in the United States shall be excluded from participation in or otherwise discriminated against on the ground of race, color, or national origin under any program or activity receiving Federal financial assistance.
Section 602 directs each Federal agency administering a program of Federal financial assistance by way of grant, contract, or loan to take action pursuant to rule, regulation, or order of general applicability to effectuate the principle of section 601 in a manner consistent with the achievement of the objectives of the statute authorizing the assistance. In seeking the effect compliance with its requirements imposed under this section, an agency is authorized to terminate or to refuse to grant or to continue assistance under a program to any recipient as to whom there has been an express finding pursuant to a hearing of a failure to comply with the requirements under that program, and it may also employ any other means authorized by law. However, each agency is directed first to seek compliance with its requirements by voluntary means.
Section 603 provides that any agency action taken pursuant to section 602 shall be subject to such judicial review as would be available for similar actions by that agency on other grounds. Where the agency action consists of terminating or refusing to grant or to continue financial assistance because of a finding of a failure of the recipient to comply with the agency's requirements imposed under section 602, and the agency action would not otherwise be subject to judicial review under existing law, judicial review shall nevertheless be available to any person aggrieved as provided in section 10 of the Administrative Procedure Act (
5 U.S.C. Ā§ 1009). The section also states explicitly that in the latter situation such agency action shall not be deemed committed to unreviewable agency discretion within the meaning of section 10. The purpose of this provision is to obviate the possible argument that although section 603 provides for review in accordance with section 10, section 10 itself has an exception for action "committed to agency discretion," which might otherwise be carried over into section 603. It is not the purpose of this provision of section 603, however, otherwise to alter the scope of judicial review as presently provided in section 10(e) of the Administrative Procedure Act.
Title VII[edit]
Title VII of the Act, codified as Subchapter VI of Chapter 21 of
title 42 of the United States Code, prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin (see
42 U.S.C. Ā§ 2000e-2[41]). Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" as written in the Definitions section under
42 U.S.C. Ā§2000e(b). Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage.
[42] The EEO Title VII has also been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (
SeePregnancy Discrimination Act of 1978,
Age Discrimination in Employment Act,
[43] Americans with Disabilities Act of 1990).
In very narrowly defined situations, an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise. To prove the
bona fide occupational qualifications defense, an employer must prove three elements: a direct relationship between the protected trait and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business", and there is no less-restrictive or reasonable alternative (
United Automobile Workers v. Johnson Controls, Inc., 499
U.S. 187(1991) 111 S.Ct. 1196). The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on protected traits (
Dothard v. Rawlinson, 433
U.S. 321 (1977) 97 S.Ct. 2720). An employer or customer's preference for an individual of a particular religion is not sufficient to establish a Bona Fide Occupational Qualification (
Equal Employment Opportunity Commission v. Kamehameha School ā Bishop Estate, 990 F.2d 458 (9th Cir. 1993)).
Title VII allows for any employer, labor organization, joint labor-management committee, or employment agency to bypass the "unlawful employment practice" for any person involved with the
Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the
Subversive Activities Control Act of 1950.
[44]
There are partial and whole exceptions to Title VII for four types of employers:
- Federal government; (Comment: The proscriptions against employment discrimination under Title VII are now applicable to certain federal government offices under42 U.S.C. Section 2000e-16)
- Federally recognized Native American tribes
- Religious groups performing work connected to the group's activities, including associated education institutions;
- Bona fide nonprofit private membership organizations.
The
Equal Employment Opportunity Commission (EEOC) as well as certain
state fair employment practices agencies (FEPAs) enforce Title VII (see
42 U.S.C. Ā§ 2000e-4[41]). The EEOC and state FEPAs investigate, mediate, and may file lawsuits on behalf of employees. Where a state law is contradicted by a federal law, it is overridden.
[45] Every state, except Arkansas and Mississippi, maintains a state FEPA (see EEOC and state FEPA
directory ). Title VII also provides that an individual can bring a private lawsuit. An individual must file a complaint of discrimination with the EEOC within 180 days of learning of the discrimination or the individual may lose the right to file a lawsuit. Title VII only applies to employers who employ 15 or more employees for 20 or more weeks in the current or preceding calendar year (
42 U.S.C. Ā§ 2000e(b)).
In the late 1970s courts began holding that
sexual harassment is also prohibited under the Act.
Chrapliwy v. Uniroyal is a notable Title VII case relating to sexual harassment that was decided in favor of the plaintiffs. In 1986 the
Supreme Court held in
Meritor Savings Bank v. Vinson, 477
U.S. 57 (1986), that sexual harassment is sex discrimination and is prohibited by Title VII. Same-sex
sexual harassment has also been held in a unanimous decision written by
Justice Scalia to be prohibited by Title VII (
Oncale v. Sundowner Offshore Services, Inc., 523
U.S. 75 (1998), 118 S.Ct. 998).
In 2012, the EEOC ruled that employment discrimination on the basis of
gender identity or
transgender status is prohibited under Title VII. The decision held that discrimination on the basis of gender identity qualified as discrimination on the basis of sex whether the discrimination was due to sex stereotyping, discomfort with the fact of an individual's transition, or discrimination due to a perceived change in the individual's sex.
[46][47] In 2014, the EEOC initiated two lawsuits against private companies for discrimination on the basis of gender identity, with additional litigation under consideration.
[48] As of November 2014, Commissioner
Chai Feldblum is making an active effort to increase awareness of Title VII remedies for individuals discriminated on the basis of sexual orientation or gender identity.
[49][50]
Title VIII[edit]
Required compilation of voter-registration and voting data in geographic areas specified by the Commission on Civil Rights.
Title IX[edit]
Title IX made it easier[
how?] to move civil rights cases from state courts with segregationist judges[
who?] and
all-white juries to federal court. This was of crucial importance to civil rights activists[
who?] who contended that they could not get fair trials in state courts.[
citation needed]
Title IX of the Civil Rights Act of 1964 should not be confused with
Title IX of the Education Amendments Act of 1972, which prohibits sex discrimination in federally funded education programs and activities.
Title X[edit]
Established the
Community Relations Service, tasked with assisting in community disputes involving claims of discrimination.
Title XI[edit]
Title XI gives a defendant accused of certain categories of criminal contempt in a matter arising under title II, III, IV, V, VI, or VII of the Act the right to a jury trial. If convicted, the defendant can be fined an amount not to exceed $1,000 or imprisoned for not more than six months.
________________
And that is why conservatives will always lose, eventually. They are on the wrong side of history.
