Federal Civil Rights Statutes: A Primer

Federal Civil Rights Statutes: A Primer
Updated October 24, 2008
Jody Feder
Legislative Attorney
American Law Division

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 Congressional Accountability Act, and
the Reconstruction Statutes.

Contents
In troduction ..................................................1
Federal Statutes...............................................1
Civil Rights Act of 1964....................................1
Equal Pay Act of 1963......................................3
Voting Rights Act of 1965...................................3
Age Discrimination in Employment Act of 1967.................3
Fair Housing Act..........................................4
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..............................6
Civil Service Reform Act of 1978.............................6
Immigration and Nationality Act..............................6
Americans with Disabilities Act of 1990........................6
Congressional Accountability Act of 1995......................7
Reconstruction Statutes.....................................7

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 the²
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 the³

EEOC has conducted an initial investigation.
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].

^!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
^!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 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 RS22740, Sexual Orientation
Discrimination in Employment: Analysis of H.R. 3685, the Employment
Non-Discrimination Act of 2007, by Edward C. Liu; CRS Report RL34242, Gender
Identity Discrimination in Employment: Analysis of H.R. 3686 in the 110th Congress,
by Edward C. Liu; 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 Religious Organizations, by Cynthia Brougher; CRS Report RL33356,
English as the Official Language of the United States: Legal Background and
Analysis of Legislation in the 110^th Congress, 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.

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/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].

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 for⁸
substantially equal work performed in the same establishment. 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 in the 110^th Congress, by Jody Feder and Linda Levine; and CRS
Report 98-278, The Gender Wage Gap and Pay Equity: Is Comparable Worth the
Next Step? by Linda Levine.
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 RS22170, The Age Discrimination in Employment Act and Disparate Impact
Claims: An Analysis of the Supreme Court Ruling in Smith v. City of Jackson, by
Charles V. Dale and Jody Feder; CRS Report RS21845, Final Equal Employment

⁸ 29 U.S.C. § 206.
⁹ For more information on the Equal Pay Act, see the EEOC website, [http://www.eeoc.gov].
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/].

Opportunity Commission Rules on Retiree Health Plans and the Age Discrimination
in Employment Act, by Jody Feder; CRS Report RL33004, Cash Balance Pension
Plans and Claims of Age Discrimination, by Erika Lunder and Jennifer Staman; 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 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 in¹⁵
federal court.
For additional information on the FHA, see CRS Report 95-710, The Fair
Housing Act: A Legal Overview, by David H. Carpenter.
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

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 ].

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),
respect i v el y.¹⁹
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 Nancy Lee Jones.
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 of²⁰
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.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.
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.

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].
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].

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.
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, coordinated by Clinton T. Brass.
Immigration and Nationality Act. Under amendments adopted in 1986, the
Immigration and Nationality Act (INA) prohibits discrimination in employment on²⁸
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.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), which is the most recently enacted piece of major civil rights legislation
in the nation, prohibits discrimination based on disability in employment, public

²⁴ 42 U.S.C. §§ 6101 et seq.
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].

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.
For more information on the ADA, see CRS Report 98-921, The Americans with
Disabilities Act (ADA): Statutory Language and Recent Issues, by Nancy Lee Jones;
and CRS Report RL31401, The Americans with Disabilities Act: Supreme Court
Decisions, by Nancy Lee Jones. In addition, see the CRS website for multiple short
reports on specific issues and cases that have arisen under the ADA.
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.³² 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.³³
For more information on the CAA, see CRS Report RL33668, The Speech or
Debate Clause: Recent Developments, by Todd B. Tatelman.
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. §§

1981, 1982, 1983, and 1985.

^!42 U.S.C. § 1981 provides in part that all persons shall have the
same right to “make and enforce contracts” as is enjoyed by white

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].
³² 2 U.S.C. §§ 1301 et seq.
³³ For more information on the CAA, see the Office of Compliance website,
[ h t t p : / / www.c o mp l i a nc e . go v/ ] .

citizens.³⁴ As a result, § 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, § 1981 has been interpreted to prohibit intentional
discrimination on the basis of race, color, or citizenship by private
employers. Because § 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. § 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 § 1981, § 1982 prohibits
intentional discrimination in both the public and private sectors, but
unlike § 1981, the coverage of § 1982 is limited to discrimination on
the basis of race and applies only to transactions involving real or
personal property.
^!42 U.S.C. § 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.³⁵ Thus, individuals
who sue under § 1983 must find a source of rights elsewhere. As a
result, § 1983 is most typically used to enforce constitutional rights,
such as the right to equal protection. In general, § 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.

³⁴ § 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.
³⁵ § 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 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.

^!Like § 1983, 42 U.S.C. § 1985, which provides a remedy in cases
involving conspiracy to interfere with civil rights, creates no new
independent rights.³⁶ Instead, § 1985 is designed to give the injured
party an opportunity to recover damages against the conspirators.
Although § 1985 may apply to private acts of discrimination, it is not
clear whether it covers discrimination based on factors other than
race.

³⁶ § 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.