E/CN.4/1995/78/Add.1
page 27
IV.
MEASURES TAKEN BY THE GOVERNMENT AND ACTION BY SOCIETY AT LARGE
A.
Measures taken by the Government
92.
The body of United States legislation designed to protect citizens or
residents from racism and racial discrimination contains constitutional,
legislative and regulatory provisions in the spheres of health, housing,
education, access to public goods and services, the provision of goods and
services by private individuals, and in various civil and political spheres.
It also makes available various remedies. 64/
93.
The equal protection clause of the Fourteenth Amendment to the
United States Constitution precludes any state from denying its citizens the
"equal protection of the law". This clause essentially operates to protect
minorities by requiring that all people "similarly situated" receive equal
treatment under the law. It also prohibits unjustifiable legal distinctions
among different classes of people. The equal protection clause, however, does
not govern the actions of the federal Government. Federal Government
classifications that would otherwise violate the equal protection clause may
be challenged under the due process clause of the Fifth Amendment. The Fifth
Amendment precludes the federal Government from denying its citizens equal
protection of the laws: "no person shall be deprived of life, liberty, or
property, without due process of law". The standards for judicial review
under the due process and equal protection clauses are identical.
94.
Six major civil rights laws which have been established in the
past 30 years are central to anti-discrimination law in the United States.
They are often used in conjunction with constitutional or statutory
protections.
Table 3
Civil right
Statute/date
Responsible agency
Public accommodations
Title II, Civil Rights
Act, 1964
Department of Justice
Equal education
Titles IV and VI, Civil
Rights Act, 1964
Department of Justice,
Education
Employment
Title VII, Civil Rights
Act, 1964
Equal Employment
Opportunity Commission,
Justice Department
Voting rights
Voting Rights Act 1965
Department of Justice
Fair housing
Title VIII, Housing Act
1968
Department of Housing
and Urban Development
Credit
Equal Credit Opportunity
Department of Justice