Civil Rights Act Of 1964 And Its Protected Classes
The Civil Rights Act of 1964 and Its Protected Classes
The Civil Rights Act of 1964 was enacted to address discrimination and ensure equal rights for all individuals by prohibiting discrimination based on certain protected classes. Congress identified what it considered the "Big Five" classes that warranted legal protection: Race, Color, Sex, Religion, and National Origin. These categories were selected because they historically contained groups that faced significant systemic discrimination and exclusion, which required federal intervention to promote equality and protect civil liberties (Kwon, 2020).
The inclusion of race and color was motivated by the pervasive racial segregation and discrimination against African Americans and other minority groups, especially during the Civil Rights Movement era. Religious discrimination and prejudice based on national origin have also long been sources of social exclusion. The addition of sex was a progressive step, acknowledging gender-based discrimination, which women faced in employment, education, and civil rights.
However, the question arises whether these five classes remain comprehensive or whether additional groups should be protected. For instance, age discrimination received federal protection later through the Age Discrimination in Employment Act of 1967. Sexual orientation and gender identity, now recognized as significant axes of discrimination, are not explicitly included in the original Act, but many courts and states have extended protections to these groups (Cole, 2019). Extending protections to these other classes reflects evolving societal understanding of discrimination’s diverse forms.
In conclusion, while the "Big Five" have historically been crucial, recognizing other protected classes such as age, sexual orientation, and gender identity is vital for fostering equality in contemporary society. Broadening protections ensures that all individuals Facing discrimination receive necessary legal safeguards.
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The Civil Rights Act of 1964 marked a significant milestone in the fight against discrimination in the United States. Its primary purpose was to abolish segregation and discrimination based on protected classes traditionally marginalized in American society. Congress identified five key categories—Race, Color, Sex, Religion, and National Origin—deemed most vulnerable to discrimination and social exclusion at that time (Kwon, 2020).
The historical context of these protected classes reflects the urgent need to dismantle systemic barriers faced by African Americans and other minorities who endured segregation, racism, and xenophobia. The inclusion of race and color in the Act directly responded to the brutal realities of racial segregation, such as Jim Crow laws, discriminatory voting practices, and racial violence. Protecting religion acknowledged religious minorities' struggles, including Jews and Catholics, who faced prejudice and violence. Gender-based discrimination, especially against women, was also addressed by including sex as a protected class, recognizing that women faced employment discrimination, unequal pay, and social barriers. Protecting national origin aimed to mitigate prejudices against immigrants and various ethnic groups (Cole, 2019).
Despite the importance of these categories, societal understanding of discrimination has evolved. Today, certain groups like older adults and LGBTQ+ individuals face widespread prejudice and systemic barriers, prompting calls for their inclusion under federal anti-discrimination laws. The Age Discrimination in Employment Act (1967) was a response to ageism, and recent legal trends have extended protections to sexual orientation and gender identity, although these are not explicitly included in the Civil Rights Act of 1964 (Kwon, 2020).
In my view, expanding protected classes to include age, sexual orientation, and gender identity would better reflect the diversity of discrimination cases today. Discrimination based on age can limit employment and social opportunities for older adults, while LGBTQ+ individuals often face higher rates of violence, discrimination, and social exclusion. Recognizing these groups under federal law would promote a more comprehensive approach to civil rights, fostering an inclusive society where all individuals are protected from unfair treatment.
In conclusion, although the original "Big Five" categories set a solid foundation for civil rights protections, continuous legal and societal evolution necessitates expanding these protections to address contemporary issues. Recognizing additional protected classes ensures a more equitable society where all individuals can enjoy equal rights and opportunities.
References
- Cole, D. (2019). Discrimination law and policy in the United States. Oxford University Press.
- Kwon, R. (2020). Civil Rights Legislation and Policy. Sage Publications.