Eyes On Equality and Opportunity

Legislation with fair employment practice provisions was unsuccessfully introduced in the Congress in each session for two decades between 1943 and 1963. On June 11, 1963, during the height of the civil rights protests and demonstrations, President John F. Kennedy went on television to address the Nation and delivered the following message about equality of opportunity:

“We are confronted primarily with a moral issue. It is as old as the scriptures and it is as clear as the American Constitution. The heart of the question is whether all Americans are afforded equal rights and equal opportunities, whether we are going to treat our fellow Americans as we want to be treated.”

Eight days later, on June 19, 1963, President Kennedy sent comprehensive civil rights legislation to Congress. Although opposition within the Congress was fierce, the need for civil rights legislation to address growing unrest in the country held sway. On August 28, 1963, approximately a quarter of a million Americans of all races gathered in front of the Lincoln Memorial. That event, etched indelibly in the hearts and minds of the American people by the famous “I Have A Dream” speech of Dr. Martin Luther King, Jr., came to symbolize the irrepressible resolve for meaningful legislation to address the demand for racial equality and justice.

The tragic death of President Kennedy threatened to derail the legislation he championed. But President Johnson immediately took up the cause of ensuring the Act's successful passage. The proposed bill went to the House of Representatives where it passed relatively easily and then to the Senate where the real battle occurred. The debate in the Senate lasted for 83 days and included a filibuster by the bill's opponents.

Perhaps least known to the general public is the fact that Title VII's prohibition against gender discrimination was added only at the last minute in a political maneuvering to defeat the bill. Even the bill's supporters initially opposed the amendment because they feared it would doom the legislation. The amendment stayed only because female members of Congress argued there was a need to protect job opportunities for women.

During the floor debate, Congresswoman Katherine Saint George of New York said she could think of, quote, “nothing more logical than this amendment,” and that while women did not need any special privileges because they tend to outlast and outlive men, “we are entitled to this little crumb of equality.”

By June of 1964, the Act's supporters had mustered sufficient votes to end the debate and bring the legislation to a vote. The Civil Rights Act was adopted by the Senate on June 19 and returned to the House, where it was overwhelmingly passed on July 2, 1964. President Johnson signed it into law that same evening in one of the largest bill signing ceremonies ever held in the White House.

Forty years later, I was filled with pride and emotion as President Bush observed the Act's anniversary in the same room where President Johnson had signed it into law. It was a privilege to be there and also to be with the President's special guest, Luci Baines Johnson, who was representing the Johnson family, and in particular, her father's legacy to our Nation.

Since enactment of the Act, we as a Nation, through EEOC employees and other members of our society committed to the principles of equal employment opportunity, have worked tirelessly to eliminate discrimination from America's workplaces. The guiding beliefs and assurances contained in the Act can only be accomplished through a concerted effort to drive out prejudice and bias and replace them with access and inclusion based on talent and ability.

The 21st Century Landscape

Today, we face a far different world than yesterday's. In 1964, discrimination was often blatant and committed without apology or explanation — from segregated lunch counters to discriminatory job advertisements and hiring policies. We've made great strides. This is readily apparent when one looks at the racial, ethnic, and gender composition of our labor force. Women and people of color are assuming greater levels of professional responsibility, leadership, and ownership in today's labor force and marketplace –

from “mom and pop” stores to the executive suites of corporate America. Our standards as a society are higher today, and our tolerance for discrimination is lower. It is difficult for the newer generations to fathom a time when it was not illegal to deny someone a job because of race, color, gender, ethnicity, religion, age or disability.

Yet despite obvious progress, discrimination still persists in far too many workplaces. The Commission's role continues to be as relevant now as it was in 1964. This is demonstrated by the approximately 80,000-plus charge filings that come through EEOC's doors each year and the hundreds of lawsuits filed annually when conciliation efforts fail.

Today, our country is more diverse than ever — in terms of culture, religion, languages, age, range of physical and mental abilities, and expectations. Emerging workplace trends such as shifting demographics, globalization, and explosive technological advances have converged to create dramatic novel issues and new opportunities in the workplace. On a global scale, we are confronting unprecedented issues and challenges related to national security, the genetic revolution, and work-life balance. As the demographics of our workforce continue to shift, many of the issues of the 60's, 70's, 80's and 90's are being recreated in the context of 21st century workplace realities.

The EEOC is and always has been a mirror of the contemporary workplace, reflecting the full range of issues and challenges faced by a nation of workers. This vantage point puts the Commission in a unique position from which to discern workplace trends.

For example, we are seeing an increase of racial harassment cases, a trend toward sexual harassment of teenagers working at fast food establishments, and backlash discrimination against members of certain ethnic and religious groups in reaction to world events. There are still invisible barriers to advancement (“glass ceilings”) for women and people of color in certain areas and levels of employment. Equal pay for men and women continues to be an issue, and disability discrimination and ageism are still far too commonplace.

Other noticeable trends include:

• An increase in accent discrimination;
• A rise in pregnancy discrimination charges;
• Women filing the majority [nearly 60 percent] of retaliation charges, citing adverse action taken against them by employers for complaining about discriminatory treatment, cooperating with an EEOC investigation, or filing formal charges;
• Women filing 54 percent of all types of discrimination charges and nearly 80 percent of all gender-based charges. Of those, discharge, sexual harassment, and retaliation are the most often cited causes;
• Men filing more race charges than women;
• Women filing 66 percent of the complaints citing both sex and race discrimination;
• Women filing charges on multiple bases: about 17 percent of combination sex-race charges filed by women also claim age bias; about nine percent of combination sex-race charges also include a claim of national origin discrimination, eight percent of race-sex charges include disability discrimination, and three percent include religious discrimination.

An increase in the intersection of gender-based charges: 76% of charges filed by women intersect between gender and race; 50% intersect between gender and age; 20% intersect between gender and national origin; and 6% intersect between gender and religion.

A definitive, albeit slight trend of “intra discrimination”: Hispanics of one country of origin or ancestry filing against Hispanics from another country of origin or ancestry. Similarly, we are seeing charges of color discrimination by the same racial group — African-Americans alleging discrimination by other African-Americans, based on color.

Fewer charges in large companies, but an ever-increasing volume of charges coming from small- to mid-sized companies.

Focusing on the Future

Given these trends, the Commission can no longer stand by passively to await charge filings. We must be vigilant and proactive. Our greatest challenge is to strike a balance between the role of workplace “watchdog” and workplace partner, for at no other time in history has it been more important to work together to ensure a thriving, welcoming, secure and just nation for all those who call America home.

When I began my tenure as EEOC Chair three years ago, I put in place a Five-Point Plan to address the new dynamics of workforce activity as effectively and efficiently as possible. The plan established our core strategies and provides the framework for the Commission's operations, as follows:

1. Proactive Prevention to combat employment discrimination by preventing it from happening in the first instance, through outreach, education and technical assistance strategies that best serve the needs of our many stakeholders.

2. Proficient Resolution to address charges of discrimination as quickly, as effectively, and as inexpensively as possible.

3. Promotion and Expansion of Mediation to encourage and advance voluntary resolution of workplace disputes quickly, amicably, and cost-effectively. The Commission's mediation program is the largest workplace mediation program in the country. In the last two years, we have settled more cases through mediation than ever before.

4. Strategic Enforcement and Litigation Practices to secure meaningful impact on employment discrimination.

5. EEOC As a Model Workplace to ensure that the Commission is held to the same standards we place on the employer community.

Yes, times have changed, but our core mission remains the same. What has changed is the issues and context in which it is applied today. As we honor and celebrate its 40th anniversary, let us rededicate ourselves toward keeping our eyes on the prize: equality and opportunity for all. This reward can be obtained only if it is shared and advanced by each and everyone of us. As former Supreme Court Justice Thurgood Marshall once said, “The law can push open doors and tear down walls, but it cannot build bridges. That job belongs to you and me.”

This year, we honor and celebrate the 40 years of progress that we have made, as a Nation, toward building those bridges. As we proudly reflect on these achievements, let us continue to work together in the days ahead, fostering a spirit of partnership that unites us and provides for workplaces that are open and inclusive of everyone.

Introduction

This year, on the second of July, I had the privilege of joining President Bush at a White House ceremony in which he led our Nation's observances of the 40th anniversary of one of the most sweeping and influential pieces of legislation in our history: the Civil Rights Act of 1964. This is the Act which, for the first time in U.S. history, addressed discrimination in voting, education, public accommodations, federal programs and employment. This is also the Act that established the U.S. Equal Employment Opportunity Commission, which opened its doors exactly one year later. Thanks to this landmark piece of legislation, it became illegal under federal law to discriminate in employment on the bases of race, color, sex, national origin, and religion. Since that time, the Commission has played a pivotal and preeminent role in preventing and eradicating discrimination in the workplace. Passage of the Civil Rights Act was truly a historic feat, but one that did not come easily.

Legislative Overview

Legislation with fair employment practice provisions was unsuccessfully introduced in the Congress in each session for two decades between 1943 and 1963. On June 11, 1963, during the height of the civil rights protests and demonstrations, President John F. Kennedy went on television to address the Nation and delivered the following message about equality of opportunity:

“We are confronted primarily with a moral issue. It is as old as the scriptures and it is as clear as the American Constitution. The heart of the question is whether all Americans are afforded equal rights and equal opportunities, whether we are going to treat our fellow Americans as we want to be treated.”

Eight days later, on June 19, 1963, President Kennedy sent comprehensive civil rights legislation to Congress. Although opposition within the Congress was fierce, the need for civil rights legislation to address growing unrest in the country held sway. On August 28, 1963, approximately a quarter of a million Americans of all races gathered in front of the Lincoln Memorial. That event, etched indelibly in the hearts and minds of the American people by the famous “I Have A Dream” speech of Dr. Martin Luther King, Jr., came to symbolize the irrepressible resolve for meaningful legislation to address the demand for racial equality and justice.

The tragic death of President Kennedy threatened to derail the legislation he championed. But President Johnson immediately took up the cause of ensuring the Act's successful passage. The proposed bill went to the House of Representatives where it passed relatively easily and then to the Senate where the real battle occurred. The debate in the Senate lasted for 83 days and included a filibuster by the bill's opponents.

Perhaps least known to the general public is the fact that Title VII's prohibition against gender discrimination was added only at the last minute in a political maneuvering to defeat the bill. Even the bill's supporters initially opposed the amendment because they feared it would doom the legislation. The amendment stayed only because female members of Congress argued there was a need to protect job opportunities for women.

During the floor debate, Congresswoman Katherine Saint George of New York said she could think of, quote, “nothing more logical than this amendment,” and that while women did not need any special privileges because they tend to outlast and outlive men, “we are entitled to this little crumb of equality.”

By June of 1964, the Act's supporters had mustered sufficient votes to end the debate and bring the legislation to a vote. The Civil Rights Act was adopted by the Senate on June 19 and returned to the House, where it was overwhelmingly passed on July 2, 1964. President Johnson signed it into law that same evening in one of the largest bill signing ceremonies ever held in the White House.

Forty years later, I was filled with pride and emotion as President Bush observed the Act's anniversary in the same room where President Johnson had signed it into law. It was a privilege to be there and also to be with the President's special guest, Luci Baines Johnson, who was representing the Johnson family, and in particular, her father's legacy to our Nation.

Since enactment of the Act, we as a Nation, through EEOC employees and other members of our society committed to the principles of equal employment opportunity, have worked tirelessly to eliminate discrimination from America's workplaces. The guiding beliefs and assurances contained in the Act can only be accomplished through a concerted effort to drive out prejudice and bias and replace them with access and inclusion based on talent and ability.

The 21st Century Landscape

Today, we face a far different world than yesterday's. In 1964, discrimination was often blatant and committed without apology or explanation — from segregated lunch counters to discriminatory job advertisements and hiring policies. We've made great strides. This is readily apparent when one looks at the racial, ethnic, and gender composition of our labor force. Women and people of color are assuming greater levels of professional responsibility, leadership, and ownership in today's labor force and marketplace –

from “mom and pop” stores to the executive suites of corporate America. Our standards as a society are higher today, and our tolerance for discrimination is lower. It is difficult for the newer generations to fathom a time when it was not illegal to deny someone a job because of race, color, gender, ethnicity, religion, age or disability.

Yet despite obvious progress, discrimination still persists in far too many workplaces. The Commission's role continues to be as relevant now as it was in 1964. This is demonstrated by the approximately 80,000-plus charge filings that come through EEOC's doors each year and the hundreds of lawsuits filed annually when conciliation efforts fail.

Today, our country is more diverse than ever — in terms of culture, religion, languages, age, range of physical and mental abilities, and expectations. Emerging workplace trends such as shifting demographics, globalization, and explosive technological advances have converged to create dramatic novel issues and new opportunities in the workplace. On a global scale, we are confronting unprecedented issues and challenges related to national security, the genetic revolution, and work-life balance. As the demographics of our workforce continue to shift, many of the issues of the 60's, 70's, 80's and 90's are being recreated in the context of 21st century workplace realities.

The EEOC is and always has been a mirror of the contemporary workplace, reflecting the full range of issues and challenges faced by a nation of workers. This vantage point puts the Commission in a unique position from which to discern workplace trends.

For example, we are seeing an increase of racial harassment cases, a trend toward sexual harassment of teenagers working at fast food establishments, and backlash discrimination against members of certain ethnic and religious groups in reaction to world events. There are still invisible barriers to advancement (“glass ceilings”) for women and people of color in certain areas and levels of employment. Equal pay for men and women continues to be an issue, and disability discrimination and ageism are still far too commonplace.

Other noticeable trends include:

• An increase in accent discrimination;
• A rise in pregnancy discrimination charges;
• Women filing the majority [nearly 60 percent] of retaliation charges, citing adverse action taken against them by employers for complaining about discriminatory treatment, cooperating with an EEOC investigation, or filing formal charges;
• Women filing 54 percent of all types of discrimination charges and nearly 80 percent of all gender-based charges. Of those, discharge, sexual harassment, and retaliation are the most often cited causes;
• Men filing more race charges than women;
• Women filing 66 percent of the complaints citing both sex and race discrimination;
• Women filing charges on multiple bases: about 17 percent of combination sex-race charges filed by women also claim age bias; about nine percent of combination sex-race charges also include a claim of national origin discrimination, eight percent of race-sex charges include disability discrimination, and three percent include religious discrimination.

An increase in the intersection of gender-based charges: 76% of charges filed by women intersect between gender and race; 50% intersect between gender and age; 20% intersect between gender and national origin; and 6% intersect between gender and religion.

A definitive, albeit slight trend of “intra discrimination”: Hispanics of one country of origin or ancestry filing against Hispanics from another country of origin or ancestry. Similarly, we are seeing charges of color discrimination by the same racial group — African-Americans alleging discrimination by other African-Americans, based on color.

Fewer charges in large companies, but an ever-increasing volume of charges coming from small- to mid-sized companies.

Focusing on the Future

Given these trends, the Commission can no longer stand by passively to await charge filings. We must be vigilant and proactive. Our greatest challenge is to strike a balance between the role of workplace “watchdog” and workplace partner, for at no other time in history has it been more important to work together to ensure a thriving, welcoming, secure and just nation for all those who call America home.

When I began my tenure as EEOC Chair three years ago, I put in place a Five-Point Plan to address the new dynamics of workforce activity as effectively and efficiently as possible. The plan established our core strategies and provides the framework for the Commission's operations, as follows:

1. Proactive Prevention to combat employment discrimination by preventing it from happening in the first instance, through outreach, education and technical assistance strategies that best serve the needs of our many stakeholders.

2. Proficient Resolution to address charges of discrimination as quickly, as effectively, and as inexpensively as possible.

3. Promotion and Expansion of Mediation to encourage and advance voluntary resolution of workplace disputes quickly, amicably, and cost-effectively. The Commission's mediation program is the largest workplace mediation program in the country. In the last two years, we have settled more cases through mediation than ever before.

4. Strategic Enforcement and Litigation Practices to secure meaningful impact on employment discrimination.

5. EEOC As a Model Workplace to ensure that the Commission is held to the same standards we place on the employer community.

Yes, times have changed, but our core mission remains the same. What has changed is the issues and context in which it is applied today. As we honor and celebrate its 40th anniversary, let us rededicate ourselves toward keeping our eyes on the prize: equality and opportunity for all. This reward can be obtained only if it is shared and advanced by each and everyone of us. As former Supreme Court Justice Thurgood Marshall once said, “The law can push open doors and tear down walls, but it cannot build bridges. That job belongs to you and me.”

This year, we honor and celebrate the 40 years of progress that we have made, as a Nation, toward building those bridges. As we proudly reflect on these achievements, let us continue to work together in the days ahead, fostering a spirit of partnership that unites us and provides for workplaces that are open and inclusive of everyone.