from

C I V I L R I G H T S A C T

O F 1 9 6 4

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

A N A C T

To enforce the constitutional right to vote, to confer jurisdiction upon the

district courts of the United States to provide injunctive relief against

discrimination in public accommodations, to authorize the Attorney General to

institute suits to protect constitutional rights in public facilities and public

education, to extend the Commission on Civil Rights, to prevent discrimination

in federally assisted programs, to establish a Commission on Equal

Employment Opportunity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled, That this Act may be cited as the “Civil

Rights Act of 1964”…

T I T L E I I — I N J U N C T I V E R E L I E F A G A I N S T

D I S C R I M I N A T I O N I N P L A C E S O F P U B L I C

A C C O M M O D A T I O N

SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of

the goods, services, facilities, privileges, advantages, and accommodations of

any place of public accommodation, as defined in this section, without

discrimination or segregation on the ground of race, color, religion, or national

origin.

(b) Each of the following establishments which serves the public is a place of

public accommodation within the meaning of this title if its operations affect

commerce, or if discrimination or segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which provides lodging

to transient guests, other than an establishment located within a building

which contains not more than five rooms for rent or hire and which is

actually occupied by the proprietor of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain,

or other facility principally engaged in selling food for consumption on the

premises, including, but not limited to, any such facility located on the

premises of any retail establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports arena,

stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within the

premises of any establishment otherwise covered by this subsection, or (ii)

within the premises of which is physically located any such covered

establishment, and (B) which holds itself out as serving patrons of such

covered establishment.

(c) The operations of an establishment affect commerce within the meaning

of this title if (1) it is one of the establishments described in paragraph (1) of

subsection (b); (2) in the case of an establishment described in paragraph (2) of

subsection (b), it serves or offers to serve interstate travelers or a substantial

portion of the food which it serves, or gasoline or other products which it sells,

has moved in commerce; (3) in the case of an establishment described in

paragraph (3) of subsection (b), it customarily presents films, performances,

athletic teams, exhibitions, or other sources of entertainment which move in

commerce; and (4) in the case of an establishment described in paragraph (4) of

subsection (b), it is physically located within the premises of, or there is

physically located within its premises, an establishment the operations of which

affect commerce within the meaning of this subsection. For purposes of this

section, “commerce” means travel, trade, traffic, commerce, transportation, or

communication among the several States, or between the District of Columbia

and any State, or between any foreign country or any territory or possession and

any State or the District of Columbia, or between points in the same State but

through any other State or the District of Columbia or a foreign country.

(d) Discrimination or segregation by an establishment is supported by State

action within the meaning of this title if such discrimination or segregation (1) is

carried on under color of any law, statute, ordinance, or regulation; or (2) is

carried on under color of any custom or usage required or enforced by officials

of the State or political subdivision thereof; or (3) is required by action of the

State or political subdivision thereof.

(e) The provisions of this title shall not apply to a private club or other

establishment not in fact open to the public, except to the extent that the

facilities of such establishment are made available to the customers or patrons

of an establishment within the scope of subsection (b).

SEC. 202. All persons shall be entitled to be free, at any establishment or

place, from discrimination or segregation of any kind on the ground of race,

color, religion, or national origin, if such discrimination or segregation is or

purports to be required by any law, statute, ordinance, regulation, rule, or

order of a State or any agency or political subdivision thereof.

SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or

deny, or deprive or attempt to deprive, any person of any right or privilege

secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt

to intimidate, threaten, or coerce any person with the purpose of interfering

with any right or privilege secured by section 201 or 202, or (c) punish or

attempt to punish any person for exercising or attempting to exercise any right

or privilege secured by section 201 or 202.…

T I T L E I I I — D E S E G R E G A T I O N O F P U B L I C

F A C I L I T I E S

SEC. 301. (a) Whenever the Attorney General receives a complaint in writing

signed by an individual to the effect that he is being deprived of or threatened

with the loss of his right to the equal protection of the laws, on account of his

race, color, religion, or national origin, by being denied equal utilization of any

public facility which is owned, operated, or managed by or on behalf of any

State or subdivision thereof, other than a public school or public college as

defined in section 401 of title IV hereof, and the Attorney General believes the

complaint is meritorious and certifies that the signer or signers of such

complaint are unable, in his judgment, to initiate and maintain appropriate legal

proceedings for relief and that the institution of an action will materially further

the orderly progress of desegregation in public facilities, the Attorney General is

authorized to institute for or in the name of the United States a civil action in any

appropriate district court of the United States against such parties and for such

relief as may be appropriate, and such court shall have and shall exercise

jurisdiction of proceedings instituted pursuant to this section. The Attorney

General may implead as defendants such additional parties as are or become

necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate

and maintain appropriate legal proceedings within the meaning of subsection (a)

of this section when such person or persons are unable, either directly or

through other interested persons or organizations, to bear the expense of the

litigation or to obtain effective legal representation; or whenever he is satisfied

that the institution of such litigation would jeopardize the personal safety,

employment, or economic standing of such person or persons, their families, or

their property.

SEC. 302. In any action or proceeding under this title the United States shall

be liable for costs, including a reasonable attorney’s fee, the same as a private

person.

SEC. 303. Nothing in this title shall affect adversely the right of any person to

sue for or obtain relief in any court against discrimination in any facility covered

by this title.

SEC. 304. A complaint as used in this title is a writing or document within the

meaning of section 1001, title 18, United States Code.

T I T L E I V — D E S E G R E G A T I O N O F P U B L I C

E D U C A T I O N

S U R V E Y A N D R E P O R T O F E D U C A T I O N A L

O P P O R T U N I T I E S

SEC. 402. The Commissioner shall conduct a survey and make a report to the

President and the Congress, within two years of the enactment of this title,

concerning the lack of availability of equal educational opportunities for

individuals by reason of race, color, religion, or national origin in public

educational institutions at all levels in the United States, its territories and

possessions, and the District of Columbia.

T E C H N I C A L A S S I S T A N C E

SEC. 403. The Commissioner is authorized, upon the application of any

school board, State, municipality, school district, or other governmental unit

legally responsible for operating a public school or schools, to render technical

assistance to such applicant in the preparation, adoption, and implementation

of plans for the desegregation of public schools. Such technical assistance may,

among other activities, include making available to such agencies information

regarding effective methods of coping with special educational problems

occasioned by desegregation, and making available to such agencies personnel

of the Office of Education or other persons specially equipped to advise and

assist them in coping with such problems.…

SEC. 407. (a) Whenever the Attorney General receives a complaint in

writing—

(1) signed by a parent or group of parents to the effect that his or their

minor children, as members of a class of persons similarly situated, are

being deprived by a school board of the equal protection of the laws, or

(2) signed by an individual, or his parent, to the effect that he has been

denied admission to or not permitted to continue in attendance at a public

college by reason of race, color, religion, or national origin,

and the Attorney General believes the complaint is meritorious and certifies that

the signer or signers of such complaint are unable, in his judgment, to initiate

and maintain appropriate legal proceedings for relief and that the institution of

an action will materially further the orderly achievement of desegregation in

public education, the Attorney General is authorized, after giving notice of such

complaint to the appropriate school board or college authority and after

certifying that he is satisfied that such board or authority has had a reasonable

time to adjust the conditions alleged in such complaint, to institute for or in the

name of the United States a civil action in any appropriate district court of the

United States against such parties and for such relief as may be appropriate, and

such court shall have and shall exercise jurisdiction of proceedings instituted

pursuant to this section, provided that nothing herein shall empower any official

or court of the United States to issue any order seeking to achieve a racial

balance in any school by requiring the transportation of pupils or students from

one school to another or one school district to another in order to achieve such

racial balance, or otherwise enlarge the existing power of the court to insure

compliance with constitutional standards. The Attorney General may implead

as defendants such additional parties as are or become necessary to the grant of

effective relief hereunder.…

T I T L E V — C O M M I S S I O N O N C I V I L R I G H T S

D U T I E S O F T H E C O M M I S S I O N

“SEC. 104. (a) The Commission shall—

“(1) investigate allegations in writing under oath or affirmation that certain

citizens of the United States are being deprived of their right to vote and have

that vote counted by reason of their color, race, religion, or national origin;

which writing, under oath or affirmation, shall set forth the facts upon which

such belief or beliefs are based;

“(2) study and collect information concerning legal developments

constituting a denial of equal protection of the laws under the Constitution

because of race, color, religion or national origin or in the administration of

justice;

“(3) appraise the laws and policies of the Federal Government with respect to

denials of equal protection of the laws under the Constitution because of race,

color, religion or national origin or in the administration of justice;

“(4) serve as a national clearinghouse for information in respect to denials of

equal protection of the laws because of race, color, religion or national origin,

including but not limited to the fields of voting, education, housing,

employment, the use of public facilities, and transportation, or in the

administration of justice;

“(5) investigate allegations, made in writing and under oath or affirmation,

that citizens of the United States are unlawfully being accorded or denied the

right to vote, or to have their votes properly counted, in any election of

presidential electors. Members of the United States Senate, or of the House of

Representatives, as a result of any patterns or practice of fraud or discrimination

in the conduct of such election; and

“(6) Nothing in this or any other Act shall be construed as authorizing the

Commission, its Advisory Committees, or any person under its supervision or

control to inquire into or investigate any membership practices or internal

operations of any fraternal organization, any college or university fraternity or

sorority, any private club or any religious organization.”…

T I T L E V I — N O N D I S C R I M I N A T I O N I N F E D E R A L L Y

A S S I S T E D P R O G R A M S

SEC. 601. No person in the United States shall, on the ground of race, color,

or national origin, be excluded from participation in, be denied the benefits of,

or be subjected to discrimination under any program or activity receiving

Federal financial assistance.…

T I T L E V I I — E Q U A L E M P L O Y M E N T O P P O R T U N I T Y

D I S C R I M I N A T I O N B E C A U S E O F R A C E , C O L O R , R E L I G I O N ,

S E X , O R N A T I O N A L O R I G I N

SEC. 703. (a) It shall be an unlawful employment practice for an employer—

(1) to fail or refuse to hire or to discharge any individual, or otherwise to

discriminate against any individual with respect to his compensation,

terms, conditions, or privileges of employment, because of such

individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would

deprive or tend to deprive any individual of employment opportunities or

otherwise adversely affect his status as an employee, because of such

individual’s race, color, religion, sex, or national origin.

(b) It shall be an unlawful employment practice for an employment agency to

fail or refuse to refer for employment, or otherwise to discriminate against, any

individual because of his race, color, religion, sex, or national origin, or to

classify or refer for employment any individual on the basis of his race, color,

religion, sex, or national origin.

(c) It shall be an unlawful employment practice for a labor organization—

(1) to exclude or to expel from its membership, or otherwise to

discriminate against, any individual because of his race, color, religion, sex,

or national origin;

(2) to limit, segregate, or classify its membership, or to classify or fail or

refuse to refer for employment any individual, in any way which would

deprive or tend to deprive any individual of employment opportunities, or

would limit such employment opportunities or otherwise adversely affect

his status as an employee or as an applicant for employment, because of

such individual’s race, color, religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate against an

individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, labor

organization, or joint labor-management committee controlling apprenticeship

or other training or retraining, including on-the-job training programs to

discriminate against any individual because of his race, color, religion, sex, or

national origin in admission to, or employment in, any program established to

provide apprenticeship or other training.…