Federal Civil Rights Statutes: A Primer
Jody Feder
Legislative Attorney
March 26, 2012
Congressional Research Service
7-5700
www.crs.gov
RL33386
CRS Report for Congress
Pr
epared for Members and Committees of Congress
Federal Civil Rights Statutes: A Primer
Summary
Under federal law, an array of civil rights statutes are available to protect individuals from
discrimination. This report provides a brief summary of selected federal civil rights statutes,
including the Civil Rights Act, the Equal Pay Act, the Voting Rights Act, the Age Discrimination
in Employment Act, the Fair Housing Act, Title IX of the Education Amendments of 1972, the
Rehabilitation Act, the Equal Credit Opportunity Act, the Equal Educational Opportunities Act,
the Age Discrimination Act, the Civil Service Reform Act, the Immigration and Nationality Act,
the Americans with Disabilities Act, the Uniformed Services Employment and Reemployment
Rights Act, the Congressional Accountability Act, the Genetic Information Nondiscrimination
Act, and the Reconstruction Statutes.
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Federal Civil Rights Statutes: A Primer
Contents
Introduction...................................................................................................................................... 1
Federal Statutes................................................................................................................................ 1
Civil Rights Act of 1964............................................................................................................ 1
Equal Pay Act of 1963............................................................................................................... 2
Voting Rights Act of 1965 ......................................................................................................... 3
Age Discrimination in Employment Act of 1967...................................................................... 3
Fair Housing Act........................................................................................................................ 3
Title IX of the Education Amendments of 1972........................................................................ 4
Rehabilitation Act of 1973......................................................................................................... 4
Equal Credit Opportunity Act.................................................................................................... 5
Equal Educational Opportunities Act of 1974........................................................................... 5
Age Discrimination Act of 1975................................................................................................ 5
Civil Service Reform Act of 1978 ............................................................................................. 6
Immigration and Nationality Act............................................................................................... 6
Americans with Disabilities Act of 1990................................................................................... 6
Uniformed Services Employment and Reemployment Rights Act of 1994 .............................. 7
Congressional Accountability Act of 1995................................................................................ 7
Genetic Information Nondiscrimination Act of 2008................................................................ 7
Reconstruction Statutes ............................................................................................................. 8
Contacts
Author Contact Information............................................................................................................. 9
Congressional Research Service
Federal Civil Rights Statutes: A Primer
Introduction
Under federal law, an array of civil rights statutes are available to protect individuals from
discrimination. Although these laws share similar features, the type of discrimination that they
prohibit and the circumstances under which they operate vary from statute to statute. This report
provides a brief overview of selected federal civil rights statutes,1 as well as information about
other CRS products that discuss these laws. This report, however, is intended to provide an
introductory overview and comparison of the selected statutes and therefore does not address
additional civil rights protections that may be available under state or local statutes or federal or
state constitutional law.
Federal Statutes
Civil Rights Act of 1964
The Civil Rights Act (CRA) of 1964 is perhaps the most prominent civil rights legislation enacted
in modern times. The statute, which served as a model for subsequent anti-discrimination laws,
greatly expanded civil rights protections in a wide variety of settings. Among other provisions:
• Title VII of the CRA prohibits discrimination in employment on the basis of race,
color, religion, national origin, or sex.2 In addition, the Pregnancy Discrimination
Act, which was enacted in 1978 as an amendment to the sex discrimination
provisions of Title VII, made it unlawful to discriminate on the basis of
pregnancy, childbirth, or related medical conditions. Title VII applies to
employers with 15 or more employees, including the federal government and
state and local governments. Individuals who believe they are the victims of
employment discrimination must file a complaint with the Equal Employment
Opportunity Commission (EEOC), which is responsible for enforcing individual
Title VII claims against private employers. The Department of Justice (DOJ)
enforces Title VII against state and local governments, but may do so only after
the EEOC has conducted an initial investigation.3
• Title VI of the CRA prohibits discrimination in federally funded programs or
activities on the basis of race, color, or national origin.4 Individuals who believe
they are victims of discrimination may file a complaint with the federal agency
that provides funds to a recipient, or they may file a lawsuit in federal court. Each
federal agency is responsible for enforcing Title VI compliance with respect to its
funding recipients, but DOJ plays a role in coordinating federal Title VI
activities.5
1 Other federal laws may offer limited protection of civil rights, but this report focuses on laws that protect broad
categories of individuals from specific types of discrimination.
2 42 U.S.C. §2000e.
3 For more information on Title VII, see the EEOC website, http://www.eeoc.gov/, and the DOJ’s Employment
Litigation Section website, http://www.usdoj.gov/crt/emp/index.html.
4 42 U.S.C. §2000d.
5 For more information on Title VI, see the DOJ’s Coordination and Review Section website, http://www.usdoj.gov/crt/
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Federal Civil Rights Statutes: A Primer
• Title II of the CRA prohibits discrimination on the basis of race, color, religion,
or national origin in public accommodations.6 Public accommodations, which are
defined as establishments that serve the public and that have a connection to
interstate commerce, include hotels and motels, restaurants and bars, and
entertainment venues such as movie theaters or sports arenas. DOJ enforces Title
II.7
For additional information on the CRA, see CRS Report RS22256, Federal Affirmative Action
Law: A Brief History, by Jody Feder; CRS Report RL30410, Affirmative Action and Diversity in
Public Education: Legal Developments, by Jody Feder; CRS Report RL30470, Affirmative Action
in Employment: A Legal Overview, by Jody Feder; CRS Report R41271, Timeliness of Disparate
Impact Discrimination Claims Filed Under Title VII of the Civil Rights Act: A Legal Analysis of
Lewis v. City of Chicago, by Jody Feder; CRS Report R40697, Race Discrimination and the
Supreme Court: A Legal Analysis of Ricci v. DeStefano, by Jody Feder; CRS Report RS22686,
Pay Discrimination Claims Under Title VII of the Civil Rights Act: A Legal Analysis of the
Supreme Court’s Decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., by Jody Feder; CRS
Report RL30253, Sex Discrimination and the United States Supreme Court: Developments in the
Law, by Jody Feder; CRS Report RL33736, Sexual Harassment: Developments in Federal Law,
by Jody Feder; CRS Report R40934, Sexual Orientation and Gender Identity Discrimination in
Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA), by Jody
Feder and Cynthia Brougher; CRS Report 94-970, Awards of Attorneys’ Fees by Federal Courts
and Federal Agencies, by Henry Cohen; CRS Report RS22745, Religion and the Workplace:
Legal Analysis of Title VII of the Civil Rights Act of 1964 as It Applies to Religion and Religious
Organizations, by Cynthia Brougher; CRS Report RL33356, English as the Official Language of
the United States: Legal Background, by Jody Feder; CRS Report RS22492, Employment
Discrimination and Retaliation Claims: A Legal Analysis of the Supreme Court Ruling in
Burlington Northern and Santa Fe Railway Co. v. White, by Jody Feder; and CRS Report
RL31077, Private Actions to Sue for Civil Rights Violations in Federally Assisted Programs After
Alexander v. Sandoval, by Charles V. Dale.
Equal Pay Act of 1963
The Equal Pay Act prohibits discrimination on the basis of sex with regard to the compensation
paid to men and women for substantially equal work performed in the same establishment.8 The
act is enforced by the EEOC.9 Pay discrimination claims may also be brought under Title VII of
the CRA.
For additional information on the Equal Pay Act, see CRS Report RL31867, Pay Equity
Legislation, by Benjamin Collins and Jody Feder; and CRS Report 98-278, The Gender Wage
Gap and Pay Equity: Is Comparable Worth the Next Step?, by Linda Levine.
(...continued)
cor/coord/titlevi.htm.
6 42 U.S.C. §2000a.
7 For more information on Title II, see the DOJ’s Housing and Civil Enforcement Section website,
http://www.usdoj.gov/crt/housing/housing_main.htm.
8 29 U.S.C. §206.
9 For more information on the Equal Pay Act, see the EEOC website, http://www.eeoc.gov.
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Voting Rights Act of 1965
The Voting Rights Act, which was enacted shortly after the CRA and which was designed to
prevent the disenfranchisement of black voters in the South, prohibits voting practices that
discriminate on the basis of race, color, or membership in a language minority group.10
Specifically, the act prohibits the use of discriminatory redistricting plans or voter registration
procedures and authorizes the use of federal voting observers to monitor elections. DOJ enforces
the statute, but individuals can also sue in federal court.11
For additional information on the Voting Rights Act, see CRS Report 95-896, The Voting Rights
Act of 1965, As Amended: Its History and Current Issues, by Garrine P. Laney; CRS Report
RL33425, The Voting Rights Act of 1965, As Amended: Reauthorization Issues, by Garrine P.
Laney and L. Paige Whitaker; CRS Report RS22479, Congressional Redistricting: A Legal
Analysis of the Supreme Court Ruling in League of United Latin American Citizens (LULAC) v.
Perry, by L. Paige Whitaker; and CRS Report RS21593, Redistricting and the Voting Rights Act:
A Legal Analysis of Georgia v. Ashcroft, by L. Paige Whitaker.
Age Discrimination in Employment Act of 1967
Like Title VII of the CRA, the Age Discrimination in Employment Act (ADEA) prohibits
discrimination in employment on the basis of age.12 The ADEA, which protects individuals who
are age 40 or older, applies to employers with 20 or more employees and is enforced by the
EEOC.13
For additional information on the ADEA, see CRS Report RL34652, The Age Discrimination in
Employment Act (ADEA): A Legal Overview, by Jody Feder; CRS Report R41279, Mixed-Motive
Claims Under the Age Discrimination in Employment Act: A Legal Analysis of the Supreme
Court’s Ruling in Gross v. FBL Financial Services, Inc., by Jody Feder; CRS Report RS22170,
The Age Discrimination in Employment Act and Disparate Impact Claims: An Analysis of the
Supreme Court’s Ruling in Smith v. City of Jackson, by Charles V. Dale and Jody Feder; CRS
Report RS21845, Final Equal Employment Opportunity Commission (EEOC) Rules on Retiree
Health Plans and the Age Discrimination in Employment Act (ADEA), by Jody Feder; CRS
Report RL33004, Cash Balance Pension Plans and Claims of Age Discrimination, by Jennifer
Staman and Erika K. Lunder; and CRS Report RL30364, Legal Issues Affecting the Right of State
Employees to Bring Suit Under the Age Discrimination in Employment Act and Other Federal
Labor Laws, by Kimberly D. Jones.
Fair Housing Act
The Fair Housing Act (FHA), which was originally enacted in 1968, prohibits discrimination in
the sale or rental of housing on the basis of race, color, religion, national origin, sex, disability, or
10 42 U.S.C. §§1973 et seq.
11 For more information on the Voting Rights Act, see the DOJ Voting Section website, http://www.usdoj.gov/crt/
voting/index.htm.
12 29 U.S.C. §§621 et seq.
13 For more information on ADEA, see the EEOC website, http://www.eeoc.gov/.
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familial status.14 The statute applies to both public and private housing and may be enforced by
the Department of Housing and Urban Development (HUD), DOJ, and individuals who file suit
in federal court.15
For additional information on the FHA, see CRS Report 95-710, The Fair Housing Act (FHA): A
Legal Overview, by Jody Feder.
Title IX of the Education Amendments of 1972
Like Title VI of the CRA, Title IX’s prohibition on discrimination is tied to federal funding.
Specifically, Title IX prohibits discrimination on the basis of sex in federally funded education
programs or activities.16 Although the Title IX regulations bar recipients of federal financial
assistance from discriminating on the basis of sex in a wide range of educational programs or
activities, such as student admissions, scholarships, and access to courses, the statute is perhaps
best known for prohibiting sex discrimination in intercollegiate athletics. Individuals who believe
they are victims of discrimination may file a complaint with the federal agency that provides
education funds to a recipient, or they may file a lawsuit in federal court. As with Title VI, each
federal agency is responsible for enforcing Title IX compliance with respect to its funding
recipients, but DOJ plays a role in coordinating federal Title IX activities.17
For additional information on Title IX, see CRS Report RL31709, Title IX, Sex Discrimination,
and Intercollegiate Athletics: A Legal Overview, by Jody Feder; CRS Report RS22544, Title IX
and Single Sex Education: A Legal Analysis, by Jody Feder; CRS Report RL30253, Sex
Discrimination and the United States Supreme Court: Developments in the Law, by Jody Feder;
and CRS Report RL33736, Sexual Harassment: Developments in Federal Law, by Jody Feder.
Rehabilitation Act of 1973
The Rehabilitation Act prohibits discrimination on the basis of disability in federally conducted
and federally funded programs or activities, as well as in employment by the federal government
and by federal contractors.18 In addition, the act authorizes an array of grant programs that
support vocational rehabilitation services to assist individuals with physical or mental disabilities
in achieving employment and social integration. DOJ is responsible for administering the
provisions regarding discrimination in federally conducted and federally funded programs or
activities, while the provisions regarding nondiscrimination in federal employment and
nondiscrimination by federal contractors are enforced by the EEOC and the Department of Labor
(DOL), respectively.19
14 42 U.S.C. §§3601 et seq.
15 For more information on the FHA, see the HUD website, http://www.hud.gov/offices/fheo/index.cfm, and DOJ’s
Housing and Civil Enforcement Section website, http://www.usdoj.gov/crt/housing/index.html.
16 20 U.S.C. §§1681 et seq.
17 For more information on Title IX, see DOJ’s Coordination and Review Section website, http://www.usdoj.gov/crt/
cor/coord/titleix.htm, and the Department of Education website, http://www.ed.gov/about/offices/list/ocr/index.html.
18 29 U.S.C. §§791, 793-94.
19 For more information on the Rehabilitation Act, see the DOJ Disability Rights Section website,
http://www.usdoj.gov/crt/drs/drshome.htm, the EEOC website, http://www.eeoc.gov, and the Department of Labor’s
Office of Federal Contract Compliance Programs website, http://www.dol.gov/esa/ofccp/regs/compliance/ca_503.htm.
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For more information on the Rehabilitation Act’s anti-discrimination provisions, see CRS Report
RL34041, Section 504 of the Rehabilitation Act of 1973: Prohibiting Discrimination Against
Individuals with Disabilities in Programs or Activities Receiving Federal Assistance, by Emily C.
Barbour.
Equal Credit Opportunity Act
The Equal Credit Opportunity Act (ECOA), which was enacted in 1974, prohibits discrimination
against credit applicants on the basis of race, color, religion, national origin, sex, marital status,
age, or source of income.20 DOJ enforces the statute, but individuals may also file a complaint
with the federal agency that oversees the creditor, or they may sue in federal court.21
For more information on the ECOA, see CRS Report RL30889, The Consumer Credit Protection
Act: An Overview of Its Major Components, by Margaret Mikyung Lee; CRS Report RS20430,
The Pigford Cases: USDA Settlement of Discrimination Suits by Black Farmers, by Tadlock
Cowan and Jody Feder; and CRS Report R40988, Garcia v. Vilsack: A Policy and Legal Analysis
of a USDA Discrimination Case, by Jody Feder and Tadlock Cowan.
Equal Educational Opportunities Act of 1974
The Equal Educational Opportunities Act (EEOA) prohibits discrimination in educational
opportunities on the basis of race, color, sex, or national origin.22 Specifically, the statute prohibits
school segregation, as well as the failure of a school to take appropriate action to overcome
students’ language barriers. The statute is enforced by DOJ.23
For more information on the EEOA, see CRS Report RS22544, Title IX and Single Sex
Education: A Legal Analysis, by Jody Feder.
Age Discrimination Act of 1975
The Age Discrimination Act prohibits discrimination on the basis of age in federally funded
programs or activities.24 Individuals who believe they are victims of discrimination may file a
complaint with the federal agency that provides education funds to a recipient, or they may file a
lawsuit in federal court. As with Title VI and Title IX, each federal agency is responsible for
enforcing Age Discrimination Act compliance with respect to its funding recipients, but the
Department of Health and Human Services (HHS) plays a role in coordinating federal activities.
20 15 U.S.C. §§1691 et seq.
21 For more information on ECOA, see DOJ’s Housing and Civil Enforcement Section website, http://www.usdoj.gov/
crt/housing/index.html.
22 20 U.S.C. §§1701 et seq.
23 For more information on the EEOA, see the DOJ’s Educational Opportunities Section website,
http://www.usdoj.gov/crt/edo/index.html.
24 42 U.S.C. §§6101 et seq.
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Civil Service Reform Act of 1978
The Civil Service Reform Act (CSRA) prohibits discrimination in federal employment on the
basis of race, color, national origin, religion, sex, age, disability, marital status, or political
affiliation.25 Specifically, the statute prohibits discrimination in certain personnel practices,
including, but not limited to, hiring, promotion, transfers, and pay and benefits. In addition, the
statute prohibits discrimination on the basis of conduct that does not adversely affect the
performance of an employee or job applicant.26 This provision has been interpreted to prohibit
discrimination based on sexual orientation. The CSRA is enforced by both the Office of Special
Counsel and the Merit Systems Protection Board.27
For additional information on the CSRA, see CRS Report RL30795, General Management Laws:
A Compendium, by Clinton T. Brass et al.
Immigration and Nationality Act
Under amendments adopted in 1986, the Immigration and Nationality Act (INA) prohibits
discrimination in employment on the basis of national origin or citizenship status.28 The act,
which prohibits discrimination against U.S. citizens and legal immigrants but not unauthorized
aliens, also protects individuals from unfair documentary practices relating to the employment
eligibility verification process. The statute is enforced by DOJ.29
There are several CRS products on the INA, although these reports do not focus on the act’s anti-
discrimination provisions. For more information, see the CRS website.
Americans with Disabilities Act of 1990
The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in
employment, public services, public accommodations, transportation, and telecommunications.30
The ADA’s employment discrimination provisions, which apply to employers with 15 or more
employees, are enforced by the EEOC, while the public services and public accommodations
provisions are administered by DOJ.31 Individuals may also sue in federal court for violations of
the ADA, although they must first file a complaint with the EEOC before filing an employment
discrimination claim in federal court.
25 5 U.S.C. §2302.
26 Id.
27 For more information on the CSRA, see the Office of Special Counsel website, http://www.osc.gov/, and the Merit
Systems Protection Board website, http://www.mspb.gov/sites/mspb/default.aspx/.
28 8 U.S.C. §1324b.
29 For more information on the INA, see DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment
Practices website, http://www.usdoj.gov/crt/osc/index.html.
30 42 U.S.C. §§12101 et seq.
31 For more information on the ADA, see the federal government’s general ADA website, http://www.ada.gov/, the
EEOC website, http://www.eeoc.gov, DOJ’s Disability Rights Section website, http://www.usdoj.gov/crt/drs/
drshome.htm, the Federal Communications Commission website, http://www.fcc.gov/cgb/dro/, and the Federal Transit
Administration’s ADA website, http://www.fta.dot.gov/civilrights/civil_rights_2360.html.
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For more information on the ADA, see CRS Report 98-921, The Americans with Disabilities Act
(ADA): Statutory Language and Recent Issues, by Emily C. Barbour and James V. DeBergh. In
addition, see the CRS website for multiple short reports on specific issues and cases that have
arisen under the ADA.
Uniformed Services Employment and Reemployment Rights Act of
1994
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),32
which provides military servicemembers with the right to reemployment under certain
circumstances, prohibits employment discrimination against individuals who serve in the armed
services, including individuals who are members of, apply to be members of, perform, have
performed, apply to perform, or have an obligation to perform in the military. The prohibition on
discrimination covers a wide array of employment activities, including denial of employment,
reemployment, retention of employment, promotion, and benefits.33 The statute is enforced by the
Department of Labor (DOL).34
Congressional Accountability Act of 1995
The Congressional Accountability Act (CAA) applies several existing civil rights, labor, and
workplace laws to employees of the legislative branch of the federal government.35 Specifically,
with regard to civil rights laws, the act applies Title VII of the CRA, the Americans with
Disabilities Act, the Age Discrimination in Employment Act, and the Rehabilitation Act to the
legislative branch. The act is administered by the Office of Compliance.36
For more information on the CAA, see CRS Report RL33668, The Speech or Debate Clause:
Recent Developments, by Alissa M. Dolan and Todd Garvey.
Genetic Information Nondiscrimination Act of 2008
The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on
genetic information by health insurers and employers.37 The Secretary of Health and Human
Services (HHS) enforces the provisions relating to health insurers, while the remedies and
enforcement mechanisms for the employment provisions are generally patterned on Title VII of
the CRA.38
32 38 U.S.C. §§4301 et seq.
33 38 U.S.C. §4311.
34 For more information on USERRA, see DOL’s Veterans Employment and Training Service website at
http://www.dol.gov/vets/programs/userra/.
35 2 U.S.C. §§1301 et seq.
36 For more information on the CAA, see the Office of Compliance website, http://www.compliance.gov/.
37 P.L. 110-233.
38 For more information on GINA, see the HHS website, http://www.hhs.gov/, and the EEOC website,
http://www.eeoc.gov/.
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For additional information on GINA, see CRS Report RL34584, The Genetic Information
Nondiscrimination Act of 2008 (GINA), by Amanda K. Sarata and James V. DeBergh; CRS
Report R41527, The Genetic Information Nondiscrimination Act (GINA): Final Employment
Regulations, by James V. DeBergh; and CRS Report R41314, The Genetic Information
Nondiscrimination Act of 2008 and the Patient Protection and Affordable Care Act of 2010:
Overview and Legal Analysis of Potential Interactions, coordinated by Amanda K. Sarata.
Reconstruction Statutes
In the wake of the Civil War, Congress enacted a series of statutes—most notably the Civil Rights
Act of 1866 and the Civil Rights Act of 1871—that were intended to enforce the Thirteenth,
Fourteenth, and Fifteenth Amendments, which prohibited slavery and enshrined equal protection
and voting rights in the U.S. Constitution. Designed to provide private remedies to individuals
deprived of their civil rights, these statutes were written in general terms that have been
interpreted broadly to protect individuals from a wide range of discriminatory conduct. The
relevant provisions, as codified, include 42 U.S.C. Sections 1981, 1982, 1983, and 1985.
• 42 U.S.C. Section 1981 provides in part that all persons shall have the same right
to “make and enforce contracts” as is enjoyed by white citizens.39 As a result,
Section 1981’s coverage extends to prohibit discrimination in a wide range of
public and private contractual relationships, including the provision of services
and the sale of goods. Indeed, since employment relationships are based on
contracts, Section 1981 has been interpreted to prohibit intentional discrimination
on the basis of race, color, or citizenship by private employers. Because Section
1981 refers to “white citizens,” however, the provision does not prohibit
discrimination on the basis of sex, religion, or national origin, unless a claim
based on national origin or religion has a racial component.
• Under 42 U.S.C. Section 1982, “[a]ll citizens of the United States shall have the
same right, in every State and Territory, as is enjoyed by white citizens thereof to
inherit, purchase, lease, sell, hold, and convey real and personal property.” Like
Section 1981, Section 1982 prohibits intentional discrimination in both the public
and private sectors, but unlike Section 1981, the coverage of Section 1982 is
limited to discrimination on the basis of race and applies only to transactions
involving real or personal property.
• 42 U.S.C. Section 1983, which provides a remedy for deprivation of rights under
color of state law, creates no new substantive rights but rather provides relief
where state law is inadequate.40 Thus, individuals who sue under Section 1983
39 Section 1981 provides in pertinent part:
All persons within the jurisdiction of the United States shall have the same right in every State and
Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons and property as is enjoyed by white
citizens, and shall be subject to like punishments, pains, penalties, taxes, licenses, and exactions of
every kind, and to no other.
40 Section 1983 states in full:
Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State
or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to the deprivation of any rights,
privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in
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must find a source of rights elsewhere. As a result, Section 1983 is most typically
used to enforce constitutional rights, such as the right to equal protection. In
general, Section 1983 suits alleging unlawful discrimination are limited to
intentional claims of discrimination involving public, not private, actors and may
apply to a discrimination based on a wide variety of factors, such as race, sex,
religion, or citizenship.
• Like Section 1983, 42 U.S.C. Section 1985, which provides a remedy in cases
involving conspiracy to interfere with civil rights, creates no new independent
rights.41 Instead, Section 1985 is designed to give the injured party an
opportunity to recover damages against the conspirators. Although Section 1985
may apply to private acts of discrimination, it is not clear whether it covers
discrimination based on factors other than race.
Author Contact Information
Jody Feder
Legislative Attorney
jfeder@crs.loc.gov, 7-8088
(...continued)
an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this
section, any Act of Congress applicable exclusively to the District of Columbia shall be considered
to be a statute of the District of Columbia.
41 Section 1985 provides in pertinent part:
If two or more persons in any State or Territory conspire or go in disguise on the highway or on the
premises of another, for the purpose of depriving, either directly or indirectly, any person or class
of persons of the equal protection of the laws, or of equal privileges and immunities under the laws;
or for the purpose of preventing or hindering the constituted authorities of any State or Territory
from giving or securing to all persons within such State or Territory the equal protection of the
laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen
who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or
in favor of the election of any lawfully qualified person as an elector for President or Vice
President, or as a Member of Congress of the United States; or to injure any citizen in person or
property on account of such support or advocacy; in any case of conspiracy set forth in this section,
if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object
of such conspiracy, whereby another is injured in his person or property, or deprived of having and
exercising any right or privilege of a citizen of the United States, the party so injured or deprived
may have an action for the recovery of damages occasioned by such injury or deprivation, against
any one or more of the conspirators.
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