The Civil Rights Act of 1964: Eleven Titles at a Glance

The Civil Rights Act of 1964: Eleven Titles at a Glance

December 14, 2020
The Civil Rights Act of 1964: Eleven Titles at a Glance
The Civil Rights Act of 1964 addresses discrimination in
religion, or national origin in public facilities, such as park
diverse contexts, ranging from discriminatory voter
and recreation facilities, libraries, and prisons. Title III
registration practices to segregation in business
concerns the federal enforcement of existing protections
establishments and public schools . Though its eleven titles
under the Fourteenth Amendment, and authorizes the
collectively address discrimination based on race, color,
Attorney General to file enforcement actions that
religion, national origin, and sex, the Civil Rights Act of
“materially further” the desegregation of public facilities .
1964 was principally enacted to respond to racial
discrimination and segregation. The eleven titles vary
Title IV: Desegregation of Public Schools and
substantially, including the actions they prohibit, how they
Colleges
are enforced, the entities subject to a title’s requirements,
Title IV, codified at 42 U.S.C. §§ 2000c et seq., addresses
and the remedies for different statutory violations. This In
segregation and discrimination in public school and
Focus highlights some basic features of the Act’s eleven
university systems. Like Title III, Title IV concerns the
titles. For more detailed discussion of each title, see CRS
federal enforcement of equal protection guarantees under
Report R46534, The Civil Rights Act of 1964: An Overview.
the Fourteenth Amendment, and authorizes the Attorney
General to file enforcement actions that “materially further”
Title I: Discriminatory Voting Tactics
desegregation. Title IV also directs the Department of
Title I, codified at 52 U.S.C. §§ 10101 et seq., addresses the
Education to provide technical assistance to facilitate public
discriminatory disqualification of eligible voters based on
school desegregation. When originally enacted, Title IV
race. More specifically, Title I amended voting provisions
concerned desegregation based on race, color, religion, or
of the Civil Rights Act of 1957 to bar generally (1) the use
national origin; in 1972, Title IV was amended to add
of different standards for qualifying voters; (2) certain uses
desegregation based on sex.
of literacy or “interpretation” tests for voter registration
purposes; and (3) the disqualification of voting applicants
Title V: The U.S. Commission on Civil Rights
based on immaterial errors in a registration or other voting
Title V expanded responsibilities of the U.S. Commission
document. These provisions are distinct from the Voting
for Civil Rights (USCCR), an entity created through the
Rights Act of 1965, 52 U.S.C. §§ 10301 et seq.
Civil Rights Act of 1957. Among other operational matters,
Title V also addressed USCCR hearings and witness
The Voting Rights Section of the Department of Justice’s
subpoenas. Congress continues to fund the USCCR through
Civil Rights Division enforces Title I’s provisions. Courts,
the appropriations process. Provisions relating to the
however, disagree as to whether private individuals can
USCCR are codified at 42 U.S.C. §§ 1975 et seq.
bring suit to enforce Title I.
Title VI: Discrimination in Federally Funded
Title II: Discrimination Against Patrons of
Programs
Commercial Businesses
Title VI, codified at 42 U.S.C. §§ 2000d et seq., addresses
Section 201 of Title II addresses segregation and
discrimination by recipients of federal financial assistance.
discrimination against patrons based on race, color,
Section 601 provides that recipients must comply with the
religion, or national origin, in their access and service at
mandate that no person, on the basis of race, color, or
four categories of business establishments. Section 201
national origin, “be excluded from participation in, be
contains an exception for private clubs not open to the
denied the benefits of, or be subjected to discrimination
public. Title II is codified at 42 U.S.C. §§ 2000a et seq.
under” any federally funded program or activity.
Private individuals may bring suit seeking injunctive relief
Section 602 authorizes federal departments and agencies to
for Title II violations. The Attorney General can intervene
“effectuate” Section 601. Thus, when a federally funded
in such suits, or file a “pattern or practice” action under
program or activity commits race discrimination in
Title II. While the statute does not define “pattern or
violation of Title VI’s requirements, the federal agency that
practice,” such cases typically concern widespread or
disbursed the funds may investigate the potential violation,
repeated discriminatory conduct. The Housing and Civil
and terminate or withhold funding to that recipient, subject
Enforcement Section of the Department of Justice’s Civil
to certain procedural preconditions.
Rights Division enforces Title II.
The Supreme Court reads Title VI to permit a private
Title III: Desegregation of Public Libraries, Parks,
individual to sue a federal funding recipient for intentional
and Other Facilities
discrimination in violation of Section 601. The Court has
Title III, codified at 42 U.S.C. §§ 2000b et seq., addresses
also addressed whether private individuals may sue to
segregation and discrimination based on race, color,
enforce Title VI regulations prohibiting disparate impact
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The Civil Rights Act of 1964: Eleven Titles at a Glance
discrimination, and held in Alexander v. Sandoval, 532 U.S.
Title XI: Preemption and Other Matters
275 (2001), that they cannot. Thus, only federal agencies
Title XI enacted several miscellaneous provisions. Among
may enforce Title VI regulations prohibiting disparate
these provisions, Section 1104, codified at 42 U.S.C.
impact discrimination.
§ 2000h-4, addresses the interaction between state and local
antidiscrimination laws and the Civil Rights Act of 1964. In
Title VII: Discrimination in Employment
general, the 1964 Act does not preempt state or local
Title VII, codified at 42 U.S.C. §§ 2000e et seq., addresses
antidiscrimination laws that provide parallel or overlapping
discrimination based on “race, color, religion, sex, or
protections. When addressing claims that the 1964 Act has
national origin” by private sector and federal government
preempted a state or local antidiscrimination provision,
employers with respect to their employees and applicants
federal courts typically analyze whether the challenged
for employment. In Bostock v. Clayton County, 140 S. Ct.
state or local law conflicts with a title’s requirements.
1731 (2020), the Supreme Court interpreted Title VII’s
prohibition of discrimination “because of … sex” to bar
Considerations for Congress
discrimination based on sexual orientation or gender
Congress has amended sections of the Civil Rights Act of
identity.
1964 over the years, with the majority of amendments
enacting changes to Title VII. The most recent change,
Title VII prohibits specific discriminatory employment
enacted through the Lilly Ledbetter Fair Pay Act of 2009,
actions (such as making compensation decisions because of
an individual’s
amended Title VII to address the timeliness of pay
protected trait) and created a federal
discrimination claims and limit the dismissal of such claims
enforcement scheme for receiving, investigating, and
for being time-barred.
addressing discrimination complaints. Title VII also
established a federal commission, the Equal Employment
The 1964 Act continues to generate significant legislative
Opportunity Commission (EEOC), which enforces Title
interest in amendments. Recent bills, for example, have
VII’s requirements as to both private and federal sector
proposed amending Title II to address discrimination by
employers. The Employment Litigation Section of the
entities not presently covered under its mandate, such as
Department of Justice’s Civil Rights Division enforces Title
banks; creating a private right of action to enforce Title VI
VII with respect to state and municipal government
disparate impact regulations; and defining the applicable
employers. Private individuals may sue under Title VII for
legal standards for determining employer liability for
damages, injunctive relief, and equitable relief after
harassment under Title VII. Another bill proposed
exhausting administrative prerequisites to suit.
amending multiple titles to address discrimination based on
sex, sexual orientation, or gender identity.
Title VIII: Voting Statistics
Several considerations may inform the nature and scope of
Title VIII, codified at 42 U.S.C. § 2000f, directs the
proposed amendments to titles of the Act; for instance, the
Secretary of Commerce to conduct a survey of registration
implications that an amendment may have on the entities
and voting statistics capturing data relating to race, color,
subject to a title’s requirements. There may also be judicial
and national origin.
interpretations specific to a title that affect how agencies or
Title IX: Appel ate Review and Attorney General
courts interpret or apply an amendment. Amending a title
Intervention
may also have implications for other federal laws that
address related topics, particularly when courts have
Title IX enacted two unrelated provisions, Sections 901 and
interpreted a statute in light of the amended title.
902. Section 901 amended 28 U.S.C. § 1447(d) to permit
Meanwhile, federal courts have interpreted the titles as
appellate review of district court orders denying removal
having been enacted on different constitutional bases—the
petitions in certain civil rights cases. It concerns situations
Commerce Clause, the Spending Clause, and the Fourteenth
where individuals subjected to state prosecutions in
and Fifteenth Amendments—which may have implications
connection with exercising constitutional or statutorily
for amendments as well.
protected rights sought removal of such prosecutions to
federal court. Section 902, codified at 42 U.S.C. § 2000h-2,
Notably, since the 1964 Act, Congress has passed other
authorizes the Attorney General to intervene in cases
major civil rights statutes to address discrimination based
brought by private individuals alleging Equal Protection
on other protected categories, such as disability (the
Clause violations.
Americans with Disabilities Act), sex (Title IX of the
Education Amendments of 1972), and age (the Age
Title X: Community Relations Service
Discrimination in Employment Act). Thus, another
Title X, codified at 42 U.S.C. §§ 2000g et seq., established
legislative option for creating new statutory civil rights or
the Community Relations Service (CRS), to assist
prohibitions is through enacting standalone statutes apart
communities with “resolving disputes, disagreements, or
from the 1964 Act. Recent bills reflecting this approach
difficulties” relating to discrimination based on race, color,
include proposals to prohibit discrimination based on sexual
or national origin. Through a 2009 funding provision,
orientation or gender identity in the workplace, and to
CRS’s activities also include prevention and response “to
address reasonable accommodations in the workplace based
alleged hate crimes based on actual or perceived race, color,
on pregnancy.
national origin, gender, gender identity, sexual orientation,
religion, or disability.” CRS submits an annual report to
Christine J. Back, Legislative Attorney
Congress each year.
IF11705
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The Civil Rights Act of 1964: Eleven Titles at a Glance

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