Federal Civil Rights Statutes: A Primer
Released: 2012-11-21T00:00:00

Introduction

Under federal law, an array of civil rights statutes is 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, 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. 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. Title VI of the CRA prohibits discrimination in federally funded programs or activities on the basis of race, color, or national origin. 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. Title II of the CRA prohibits discrimination on the basis of race, color, religion, or national origin in public accommodations. 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.

For additional information on the CRA, see CRS Report RS22256, Federal Affirmative Action Law: A Brief History , by [author name scrubbed]; CRS Report RL30410, Affirmative Action and Diversity in Public Education: Legal Developments , by [author name scrubbed]; CRS Report RL30470, Affirmative Action in Employment: A Legal Overview , by [author name scrubbed]; 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 [author name scrubbed]; CRS Report R40697, Race Discrimination and the Supreme Court: A Legal Analysis of Ricci v. DeStefano , by [author name scrubbed]; 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 [author name scrubbed]; CRS Report RL30253, Sex Discrimination and the United States Supreme Court: Developments in the Law , by [author name scrubbed]; CRS Report RL33736, Sexual Harassment: Developments in Federal Law , by [author name scrubbed]; CRS Report R40934, Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA) , by [author name scrubbed] and Cynthia Brougher; CRS Report 94-970, Awards of Attorneys' Fees by Federal Courts and Federal Agencies , by [author name scrubbed]; 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 [author name scrubbed]; 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 [author name scrubbed]; and CRS Report RL31077, Private Actions to Sue for Civil Rights Violations in Federally Assisted Programs After Alexander v. Sandoval , by [author name scrubbed] (pdf).

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. The act is enforced by the EEOC. 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 [author name scrubbed] and [author name scrubbed]; and CRS Report 98-278, The Gender Wage Gap and Pay Equity: Is Comparable Worth the Next Step? , by [author name scrubbed].

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. 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.

For additional information on the Voting Rights Act, see CRS Report R42482, Congressional Redistricting and the Voting Rights Act: A Legal Overview , by [author name scrubbed]; CRS Report RS22479, Congressional Redistricting: A Legal Analysis of the Supreme Court Ruling in League of United Latin American Citizens (LULAC) v. Perry , by [author name scrubbed]; and CRS Report RS21593, Redistricting and the Voting Rights Act: A Legal Analysis of Georgia v. Ashcroft , by [author name scrubbed].

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. 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.

For additional information on the ADEA, see CRS Report RL34652, The Age Discrimination in Employment Act (ADEA): A Legal Overview , by [author name scrubbed]; 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 [author name scrubbed]; 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 [author name scrubbed] and [author name scrubbed]; CRS Report RS21845, Final Equal Employment Opportunity Commission (EEOC) Rules on Retiree Health Plans and the Age Discrimination in Employment Act (ADEA) , by [author name scrubbed]; CRS Report RL33004, Cash Balance Pension Plans and Claims of Age Discrimination , by Jennifer Staman and [author name scrubbed]; 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 [author name scrubbed] (pdf).

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 familial status. 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.

For additional information on the FHA, see CRS Report 95-710, The Fair Housing Act (FHA): A Legal Overview , by [author name scrubbed].

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. 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.

For additional information on Title IX, see CRS Report RL31709, Title IX, Sex Discrimination, and Intercollegiate Athletics: A Legal Overview , by [author name scrubbed]; CRS Report RS22544, Title IX and Single Sex Education: A Legal Analysis , by [author name scrubbed]; CRS Report RL30253, Sex Discrimination and the United States Supreme Court: Developments in the Law , by [author name scrubbed]; and CRS Report RL33736, Sexual Harassment: Developments in Federal Law , by [author name scrubbed].

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. 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.

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 [author name scrubbed]; and CRS Report R40123, Education of Individuals with Disabilities: The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) , by [author name scrubbed].

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. 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.

For more information on the ECOA, see CRS Report RL30889, The Consumer Credit Protection Act: An Overview of Its Major Components , by [author name scrubbed]; CRS Report RS20430, The Pigford Cases: USDA Settlement of Discrimination Suits by Black Farmers , by [author name scrubbed] and [author name scrubbed]; and CRS Report R40988, Garcia v. Vilsack: A Policy and Legal Analysis of a USDA Discrimination Case , by [author name scrubbed] and [author name scrubbed].

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. 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.

For more information on the EEOA, see CRS Report RS22544, Title IX and Single Sex Education: A Legal Analysis , by [author name scrubbed].

Age Discrimination Act of 1975

The Age Discrimination Act prohibits discrimination on the basis of age in federally funded programs or activities. 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.

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. 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. 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.

For additional information on the CSRA, see CRS Report RL30795, General Management Laws: A Compendium , by [author name scrubbed] et al. (pdf)

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. 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.

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. 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. 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.

For more information on the ADA, see CRS Report 98-921, The Americans with Disabilities Act (ADA): Statutory Language and Recent Issues , by Cynthia Brougher and [author name scrubbed]. 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), 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. The statute is enforced by the Department of Labor (DOL).

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. 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.

For more information on the CAA, see CRS Report RL33668, The Speech or Debate Clause: Recent Developments , by [author name scrubbed] and [author name scrubbed] (available upon request).

Genetic Information Nondiscrimination Act of 2008

The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information by health insurers and employers. 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.

For additional information on GINA, see CRS Report RL34584, The Genetic Information Nondiscrimination Act of 2008 (GINA) , by [author name scrubbed] and [author name scrubbed]; CRS Report R41527, The Genetic Information Nondiscrimination Act (GINA): Final Employment Regulations , by [author name scrubbed]; 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 [author name scrubbed].

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. 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. Thus, individuals who sue under Section 1983 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. 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.