1 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 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.
2 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 (The Civil Rights Act of 1964) was passed by the 88 th Congress on July 2, 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 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 May 2002 Page 2 of 5
3 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, 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 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
4 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, 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
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 THE AMERICANS WITH DISABILITIES ACT (ADA) Public Law (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 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