Civil Rights Act Of 1964 example essay topic

The American government takes affirmative action very seriously as demonstrated in the methods it has implemented to combat discrimination in the workplace. Although it can be argued when affirmative action actually emerged, the government's efforts to protect the rights of all American citizens with regard to employment began in 1941. President Roosevelt created the Fair Employment Practices Commission (FEPC) when A. Phillip Randolph, president and founder of one of the most powerful black labor unions, threatened to organize a mass march on Washington D.C. if Roosevelt did not take action on behalf of black workers. It was the responsibility of the FEPC to increase the number of black citizens employed by defense contractors. The commission continued its efforts throughout World War II and then was eliminated.

President Truman signed Executive Order 9980 in 1948. This order created the Fair Employment Board within the Civil Service Commission. It was the purpose of this commission to increase the employment of minorities within the federal government. Although the board was very idealistic, there was also a great deal of politics involved. The board was terminated soon after President Eisenhower took office. While holding office as vice president in 1961, Lyndon B. Johnson expressed a great deal of interest in the economic flourish of black Americans.

He asked a black attorney from Detroit, Hobart Taylor Jr., to assist him in drafting an executive order to present to President Kennedy for his signature. Executive Order 10925 "required federal contractors to take "affirmative action" to hire more minority employees" (Darien A. McWhirter, pg. 31). This order created the Presidential Commission on Equal Employment Opportunity. While Executive Order 10925 was a step in the right direction, it had limitations. President Kennedy knew that congressional action would increase civil rights efforts. Kennedy passed the Equal Pay Act in 1963.

This act demanded equal pay for equal work, prohibiting women from being paid less than men for the same work. In addition to the Equal Pay Act, "he also proposed sweeping civil rights legislation, which southerners managed to bottle up in committee" (Melvin I. Urofsky, pg. 17). Before he could continue his efforts for civil rights, Kennedy was assassinated. In memorial, Lyndon Johnson urged passage of the Civil Rights act of 1964 which was signed into law on July 2, 1964.

This law made it illegal for employers or those who owned and managed places of public accommodation to discriminate based on race, color, religion, sex or national origin. It also created the Equal Employment Opportunity Commission (EEOC). Although the EEOC was created it was given no real power to enforce the law at this time. To this day, the Civil Rights Act of 1964 is still considered "the primary piece of federal legislation guiding current practices" (Robert B. Den hardt and Joseph W. Grubbs, pg. 237). Although the Civil Rights Act of 1964 was a key element in the fight to correct employment discrimination, the act simply made discrimination illegal. President Johnson realized that in order to produce equality in the workplace it would be necessary to devise a way to enforce the law.

His solution came on September 4, 1965 in the form of Executive Order 11246. This order "required companies that contracted with the federal government "to act affirmatively" to guarantee that employees were not treated differently because of their race" (McWhirter, pg. 34). A couple of years later the order was amended to include sex discrimination. The amended order required federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex or national origin" (McWhirter, pg. 34). Johnson created the President's Council on Equal Opportunity to enforce Executive Order 11246. This new council was headed by Vice President Hubert Humphrey.

Humphrey was ordered to devise a program to ensure that federal contractors complied with anti discrimination laws. Later at the suggestion of his aides, Johnson made the decision to abolish the council. At that time it would be the job of the Labor Department and the Office of Federal Contract Compliance to ensure that government contractors adhered to the civil rights laws. Over the years Congress passed other laws that were geared at eliminating discrimination in employment. The Civil Rights Act of 1972 usually gets very little mention in civil rights discussions yet it accomplished things that could not have been accomplished in 1964.

The 1972 Act made the federal government the overseer of every hiring and promotion decision made by state and local government. It also gave the EEOC the power to file lawsuits for low income plaintiffs who did not have the money to do so on their own. The EEOC had resources that had a major impact on the way major companies hired, fired and promoted. In 1989 the Supreme Court handed down decisions in five court cases that seemed to limit the rights of victims of employment discrimination.

The first case was Price Waterhouse vs. Hopkins. Ann Hopkins filed a charge of sex discrimination against her employer, the accounting firm of Price Waterhouse. She alleged that she was not made a partner because of sex stereotyping. The firm stated in their defense that even though they felt Hopkins did not act as a woman should, there were other legitimate reasons that she was not made a partner. The court ruled against Hopkins because sex was not a substantial factor in the firm's decision. In Wards Cove Packaging vs. Antonio, a salmon cannery in Alaska was accused of hiring very few minorities to occupy higher-paying jobs.

The court ruled in favor of Wards Cove stating that "a plaintiff in a civil rights case must prove that qualified minorities had applied for the jobs and had been turned down for illegitimate reasons" (McWhirter, pg. 26). In the case of Martin vs. Wilkes a group of white firemen sued the city because they claimed that they were denied promotions that were awarded to less-qualified blacks because of decrees previously approved by a federal district court in which the city of Birmingham, Alabama agreed to hire and promote more black firefighters. The court ruled in favor of the city because the promotion decisions were made as part of the consent decree and were immune to legal action in this case. In Lowrance vs. AT&T, the issue was that a union contract was changed to reduce the seniority f a group of women employed by AT&T. Although they had a legitimate argument, the Supreme Court rued against them claiming that they waited too long to file their case. In the fifth and final court case, Patterson vs. McLean Credit Union, A black woman by the name of Brenda Patterson filed charges of racial harassment against her employer. The decision was to be made if she could sue under the civil rights act passed after the civil war and receive more damages, or would she be required to settle for the provision of the Civil Rights Act of 1964.

The court ruled that she was stuck with the 1964 Act. When President Bush signed the Civil Rights Act of 1991, the decisions in all but one of these cases were either modified or overturned. The act gave more protection to the rights of victims of employment discrimination. Although the fight for equality in everyday society sometimes seems like a relentless battle, it is apparent that the government is striving toward equality in the workplace by demanding employers to conform to the laws that it has established..