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Introductio.Since 141, the United States had been trying to pass federal legislation for civil rights. A bill was introduced and died every year, until 157 when the Civil Rights Act passed ensuring voting rights and establishing the Commission on Civil Rights (CongressLink). That was the first step for something bigger..Evolution.The Civil Rights Act of 164 was derived from many sources, but primary credit is given to President John F. Kennedy. It was his beliefs that allowed the bill to be passed. President Kennedy began the process of gaining support for the legislation in a nationally televised address on June 11, 16 (CongressLink)..Help with essay on Title VII
The Justice Department was commissioned to take the President's words and beliefs and to convert them into legislative form. Department officials were aware of the importance of civil rights and of the politics of the situation. After careful consulting with both political parties, drafters of the bill avoided any divisive and unnecessary language that could have divided potential support in Congress. The proposal for the bill went before the Eighty-eighth Congress on June 1 (CongressLink).In the Senate, the bill was introduced in three forms; the entire bill and the bill minus Title II. These were introduced by Mike Mansfield to the Judiciary Committee. Title II was also introduced to the Commerce Committee by Mike Mansfield and Everett Dirksen for special study (CongressLink).These steps were necessary due to the controversial nature of Title II. They understood that Title II could put the bill into jeopardy of passing, so they took steps to ensure the passing of the bill. This way, they knew the main objective will go through.After President Kennedy's speech, many Senators and Representatives introduced civil rights bills of their own. They dealt with any combination of public and private employment and how it should be regulated. Amongst them was James Roosevelt of California who introduced H.R. 405, the nominal ancestor of Title VII (Title VII). The bill was promptly referred to the House Committee on Education and Labor.Some of the more comprehensive House bills respecting civil rights, including in some cases provisions outlawing discrimination in private employment, were referred to the House Committee on the Judiciary. Hearings on these bills were held before Subcommittee No. 5 beginning May 8 and ending August , 16. The Subcommittee formally considered a total of one hundred seventy-two bills, including six (H.R. 4, 07, 608, 600, 6 and 6757) that contained comprehensive provisions outlawing discrimination in private employment (Title VII).While the Subcommittee hearings were in progress, the administrations comprehensive bill on civil rights, H.R. 715, was introduced in the House by Representative Celler of New York on June 0, 16. This happened the day after the President submitted his second special message on civil rights. H.R. 715 was promptly referred to the Committee on the Judiciary.James Roosevelt of California, who was Chairman of the General Subcommittee on Labor of the House Committee on Education and Labor and was to be a leading force in securing passage of the bill in the House, testified as a co-sponsor of H.R. 715. Mr. Roosevelt favored amending H.R. 715 by incorporating the provisions of H.R. 405, which had by then been favorably reported by the Committee on Education and Labor and was pending in the Rules Committee (Title VII).After many debates of adding or removing amendments, the House voted and passed H.R. 715 on February 10, 164 (CongressLink). Now it is of to the Senate.The struggle in the Senate was titanic and protracted. It consisted of three principal phases (1) The efforts of civil rights proponents to have the Senate take up consideration of the bill, () the general debate prior to the approval of cloture and () the debate following cloture (Title VII).H.R. 715 was received from the House and read for the first time on Monday, February 17, and for the second time on Wednesday, February 6, 164. The bill was placed on the Senate calendar shortly thereafter (Title VII).On Thursday, March 6, 164, the Senate adopted the Mansfield motion to take up consideration of H.R. 715 and proceeded formally to consider the merits of the bill. On March 0, 164, The Senate began its great debate on the merits of H.R. 715. The debate was to continue for fifty-eight additional days before its end would become foreseeable under the cloture rule and for another eight days after adoption of the Mansfield cloture motion (Title VII).During this debate period, Senators' offices were flooded with letters, telegraphs, and petitions to pass H.R. 715. This lobbying effort was coming from civil rights and church organizations such as The National Association for the Advancement of Colored People, the Congress of Racial Equality, the National Urban League, the Southern Regional Council, the Southern Christian Leadership Conference, and others (CongressLink).Senator Mansfield filed a cloture motion on Saturday, June 6, 164, but withdrew this motion for debate on three specified amendments. Senator Mansfield refiled his cloture motion on June 8, 164. The vote thereon took place on Wednesday, June 10, 164. By a seventy-one to twenty-nine vote, four votes more than the required two-thirds majority, the Senate imposed cloture on its members (CongressLink).This action closed the filibuster imposed by southern legislators. They were proposing amendments merely to slow the campaign (Title VII).On June 17, the Senate voted by a 76 to 18 margin to adopt the bipartisan substitute worked out by Dirksen in his office in May and to give the bill its third reading. Two days later, the Senate passed the bill by a 7 to 7 roll call vote. Since the Senate-passed version of the bill differed from the House passed H. R .715, the measure returned to the House of Representatives for reconsideration (CongressLink).Since the Senate-passed version of the bill differed from the House passed H. R .715, the measure returned to the House of Representatives for reconsideration (Title VII).The chief stumbling block in the plan was the southern-dominated Rules Committee. A bipartisan coalition of committee members quickly surmounted this obstacle by seizing control from chairman Howard Smith and, on June 0, the House Rules Committee reported H. Res.78 providing for the acceptance of the Senate bill without change (CongressLink).House leaders brought the resolution up for floor consideration on July where members quickly approved the Senate-passed civil rights bill, 8 to 16. Only six representatives changed their votes from February when the House first sent H. R. 715 to the Senate. Because there were no differences in the two bills, there was no need for a conference committee and the bill went immediately to the White House for President Johnson s signature (CongressLink).President Johnson welcomed the bill he had sought for so long. Within a few hours of passage, he signed it into law in a nationwide television broadcast from the White House (CongressLink).Impac.Most employers have come to accept the reality of Title VII. Some companies have gone further than accepting it and have embraced the diversity that Title VII brings them.Today, you see minorities, women, and handicap people working together with equal pay. Fair and equal treatment is abundant in the workplace. So is affirmative action.Coverag.Title VII applies to all employees public or private at all levels. The Civil Rights Act of 11 extended the reach of Title VII to US citizens employed outside the US for American employers. Due to the history of the law and of conditions prior to the passing of Title VII, it affects mostly women and minorities (Bennett-Alexander)..In 17, the Equal Employment Opportunity Act was amended expanding Title VII to cover government employees and to strengthen the EEOC. 178 brought the Pregnancy Discrimination Act. This amendment made discrimination on the basis of pregnancy a type of gender discrimination (Bennett-Alexander).The Civil Rights Act of 11 added jury trials and punitive and compensatory damages (Bennett-Alexander)..There a few exceptions. Business on or around Native American Indian Reservations can give preferential treatment to Native Americans. Religious institutions and associations are permitted to discriminate when performing their activities. The act also states that it does not protect someone who is a registered Communist or to an organization that is required to register as a Communist-action or a Communist-front organization (Bennett-Alexander)..Compliance.Title VII applies to employers, unions and joint labor and management committees making admission, referral, training, and other decisions, and to hiring and temporary agencies making referrals for employment. It applies to private companies with 15 employees or more and to federal, state, and local governments (Bennett-Alexander)..Works Cite.Bennett-Alexander, Dawn D., Laura Pincus Hartman. Employment Law for Business. rd Ed. Boston McGraw-Hill. 001.CongressLink. 7August 00. http//www.congresslink.org/civil/essay.html#feature.TITLE VII LEGISLATIVE HISTORY. Francis J. Vaas. 7 August 00. http//www.law.stetson.edu/courses/empdis/vaas.ht..
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