Basic Legal Rights

Part 3 discusses the growth of basic legal rights. In the twenty-first century it can be hard to appreciate how remarkably welcoming the federal judiciary was to the claims of the civil rights movement. Part 3 includes chapter 7, “Access to Justice”; chapter 8, “Voting Rights and Political Representation”; chapter 9, “Public Accommodations”; chapter 10, “School Desegregation and Municipal Equalization”; and chapter 11, “Employment Discrimination.” Voting rights and political representation were key. The Voting Rights Act of 1965 opened the portals for dramatic increases in black voter registration. The Civil Rights Act of 1964 mandated equal accommodation in hotels, motels, restaurants, theaters, and other public places. Some applications of these rights were realized immediately, others not so much. This was the era in which the promise of the Supreme Court’s school desegregation decision became a reality in the Deep South. Desegregation suits proliferated. The Supreme Court dramatically increased the pace of desegregation. The varied forms of pushback were astonishing: the shutting down of a historic black high school lest white students have to attend (even at the expense of double sessions); the hiding of athletic trophies from the historic black high school upon merger; the suspension and expulsion of many black students at the moment of desegregation. The other major accomplishment of the Civil Rights Act of 1964 was the ban on employment discrimination. At the time of its passage, job and labor union segregation were ubiquitous in the Deep South. This all changed.

Author(s):  
Robert Mickey

This chapter examines how the federal government and black protest organizations intervened in southern authoritarian enclaves, with a particular focus on the Civil Rights Act of 1964 and the Voting Rights Act of 1965 as well as the reform of the National Democratic Party during the period 1964–1972. It first considers state authorities' consensus preference for effecting a “harnessed revolution” before discussing the challenges posed by the Civil and Voting rights acts to southern enclaves. It then describes the degree to which outsiders interfered in enclaves' responses to these landmark statutes, including federal oversight of voting rights in the Deep South and deployments by black protest organizations. It concludes by analyzing the McGovern–Fraser national Democratic party reforms of 1968–1972.


2020 ◽  
Author(s):  
Sachin S. Pandya ◽  
Marcia McCormick

This paper reviews the U.S. Supreme Court’s opinion in Bostock v. Clayton County (2020). There, the Court held that by barring employer discrimination against any individual “because of such individual’s . . . sex,” Title VII of the Civil Rights Act of 1964 also bars employment discrimination because an individual is gay or transgender. The paper then speculates about how much Bostock will affect how likely lower court judges will read other “sex” discrimination prohibitions in the U.S. Code in the same way, in part based on a canvass of the text of about 150 of those prohibitions. The paper also discusses the religion-based defenses that defendants may raise in response under Title VII itself, the Religious Freedom Restoration Act, and the First Amendment of the U.S. Constitution.


Author(s):  
Jerry Gershenhorn

During the 1960s, Austin lent his talents and his newspaper in support of the direct action movement in Durham and throughout the state. Unlike many other black leaders in the city, he immediately and enthusiastically embraced an early sit-in in Durham that began in 1957, three years before the more celebrated Greensboro lunch counter sit-ins. He also aided a boycott of white retail businesses that refused to hire black workers by publishing the names of those businesses in the Carolina Times. This strategy was quite effective in forcing white businesses to hire African Americans. Austin’s efforts and those of countless civil rights activists led to major freedom struggle successes with the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965.


2003 ◽  
Vol 21 (1) ◽  
pp. 145-194 ◽  
Author(s):  
Steven H. Wilson

The landmark 1954 decisionBrown v. Board of Educationhas shaped trial lawyers' approaches to litigating civil rights claims and law professors' approaches to teaching the law's powers and limitations. The court-ordered desegregation of the nation's schools, moreover, inspired subsequent lawsuits by African Americans aimed variously at ending racial distinctions in housing, employment, and voting rights. Litigation to enforce theBrowndecision and similar mandates brought slow but steady progress and inspired members of various other minorities to appropriate the rhetoric, organizing methods, and legal strategy of the African American civil rights struggle.


2013 ◽  
Vol 6 (4) ◽  
pp. 438-442 ◽  
Author(s):  
Winfred Arthur ◽  
David Woehr

Within the context of the 50th anniversary of the Civil Rights Act of 1964, and specifically as it pertains to the tenets of Title VII, Lindsey, King, Dunleavy, McCausland, and Jones (2013) state: “This focal article raises and addresses critical issues regarding a yet unanswered question: How can organizational researchers and practitioners contribute to the ultimate goal of eradicating employment discrimination” (p. 391). We argue that in the context of employment testing and selection, at least as per the disparate impact theory of discrimination, this question is the wrong one—certainly as framed by Lindsey et al. To the contrary, instead of holding up the "eradication of employment discrimination" as our ultimate goal, perhaps we should continue to focus on the development, implementation, and support of the best (i.e., most job-related and valid) employment practices possible.


2021 ◽  
Vol 31 (2) ◽  
pp. 312-334
Author(s):  
Kelli Rodriguez Currie

This article provides necessary context to adequately engage in a discussion about transgender and nonbinary individuals, including defined terms. It then provides a brief history of Title IX, articulates the requirements for compliance with the statute, and discusses its application to transgender athletes. Next, this article provides an overview of Title VII of The Civil Rights Act of 1964 and the recent statutory analysis of its prohibition on employment discrimination because of sex in Bostock v. Clayton County extends that analysis to the statutory language of Title IX, and summarizes the recent interpretation by the Department of Education applying that analysis to Title IX. The article then discusses the implications of the persistent misgendering of transgender nonbinary athletes and argues that only by allowing all athletes to compete as their true gender will the inclusive goals of Title IX be realized. The article concludes that the requirements for Title IX compliance are not inclusive of transgender nonbinary athletes and contradictory to the prohibition on discrimination on the basis of sex articulated by the statute itself. The article proposes several necessary changes to the language of those requirements for compliance and argues that the Department of Education must make changes in its interpretation toward more inclusive language to truly achieve the goals of Title IX.


Author(s):  
Sid Bedingfield

This chapter details the effort by former segregationist editors to unite whites against rising black political clout after passage of the Civil Rights Act in 1964 and the Voting Rights Act in 1965. The editors at the state’s two largest newspaper, Thomas R. Waring Jr. at the News & Courier in Charleston and William D. Workman Jr., at The State in Columbia, helped develop a rhetoric of “color-blind conservatism” to undermine black political activism. The new rhetoric accepted the end of segregation and legal equality for blacks in the South, but declared that racial issues should no longer be an acceptable topic for political debate. It identified blacks as special pleaders seeking aid from government that they did not deserve.


Sign in / Sign up

Export Citation Format

Share Document