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1 [1] (December 14, 2020)

handle is hein.crs/govdczo0001 and id is 1 raw text is: * December 14, 2020 The Civil Rights Act of 1964: Eleven Titles at a Glance The Civil Rights Act of 1964 addresses discrimination in diverse contexts, ranging from discriminatory voter registration practices to segregation in business establishments and public schools. Though its eleven titles collectively address discrimination based on race, color, religion, national origin, and sex, the Civil Rights Act of 1964 was principally enacted to respond to racial discrimination and segregation. The eleven titles vary substantially, including the actions they prohibit, how they are enforced, the entities subject to a title's requirements, and the remedies for different statutory violations. This In Focus highlights some basic features of the Act's eleven titles. For more detailed discussion of each title, see CRS Report R46534, The Civil Rights Act of1964: An Overview, by Christine J. Back. Title I, codified at 52 U.S.C. §§ 10101 et seq., addresses the discriminatory disqualification of eligible voters based on race. More specifically, Title I amended voting provisions of the Civil Rights Act of 1957 to bar generally (1) the use of different standards for qualifying voters; (2) certain uses of literacy or interpretation tests for voter registration purposes; and (3) the disqualification of voting applicants based on immaterial errors in a registration or other voting document. These provisions are distinct from the Voting Rights Act of 1965, 52 U.S.C. §§ 10301 et seq. The Voting Rights Section of the Department of Justice's Civil Rights Division enforces Title I's provisions. Courts, however, disagree as to whether private individuals can bring suit to enforce Title I. Til :Dsscr'msat:i) Agahnst Patrns~ oft Section 201 of Title II addresses segregation and discrimination against patrons based on race, color, religion, or national origin, in their access and service at four categories of business establishments. Section 201 contains an exception for private clubs not open to the public. Title II is codified at 42 U.S.C. §§ 2000a et seq. Private individuals may bring suit seeking injunctive relief for Title II violations. The Attorney General can intervene in such suits, or file a pattern or practice action under Title II. While the statute does not define pattern or practice, such cases typically concern widespread or repeated discriminatory conduct. The Housing and Civil Enforcement Section of the Department of Justice's Civil Rights Division enforces Title II. Tkde C>> \:: D \egega:tio o S Pub , L. brar 3£s, Park-,, Title III, codified at 42 U.S.C. §§ 2000b et seq., addresses segregation and discrimination based on race, color, religion, or national origin in public facilities, such as park and recreation facilities, libraries, and prisons. Title III concerns the federal enforcement of existing protections under the Fourteenth Amendment, and authorizes the Attorney General to file enforcement actions that materially further the desegregation of public facilities. T Wle W-: s2segr 'egakt, 3.io P A-kc Scshookt and Title IV, codified at 42 U.S.C. §§ 2000c et seq., addresses segregation and discrimination in public school and university systems. Like Title III, Title IV concerns the federal enforcement of equal protection guarantees under the Fourteenth Amendment, and authorizes the Attorney General to file enforcement actions that materially further desegregation. Title IV also directs the Department of Education to provide technical assistance to facilitate public school desegregation. When originally enacted, Title IV concerned desegregation based on race, color, religion, or national origin; in 1972, Title IV was amended to add desegregation based on sex. Tite V:, Th US, C mms4 sz C'vir R'gh, Title V expanded responsibilities of the U.S. Commission for Civil Rights (USCCR), an entity created through the Civil Rights Act of 1957. Among other operational matters, Title V also addressed USCCR hearings and witness subpoenas. Congress continues to fund the USCCR through the appropriations process. Provisions relating to the USCCR are codified at 42 U.S.C. §§ 1975 et seq. Titk VY £: Dsrimination in Federa&y rsded~ Title VI, codified at 42 U.S.C. §§ 2000d et seq., addresses discrimination by recipients of federal financial assistance. Section 601 provides that recipients must comply with the mandate that no person, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any federally funded program or activity. Section 602 authorizes federal departments and agencies to effectuate Section 601. Thus, when a federally funded program or activity commits race discrimination in violation of Title VI's requirements, the federal agency that disbursed the funds may investigate the potential violation, and terminate or withhold funding to that recipient, subject to certain procedural preconditions. The Supreme Court reads Title VI to permit a private individual to sue a federal funding recipient for intentional discrimination in violation of Section 601. The Court has also addressed whether private individuals may sue to enforce Title VI regulations prohibiting disparate impact discrimination, and held in Alexander v. 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