Volume 4 No 1 - Journal for the Study of Antisemitism
Volume 4 No 1 - Journal for the Study of Antisemitism
Volume 4 No 1 - Journal for the Study of Antisemitism
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2012] NEVER AGAIN IN THE WORKPLACE: TITLE VII 75<br />
scrutiny actually opens <strong>the</strong> door to undermining <strong>the</strong> legislative policy<br />
behind <strong>the</strong> Civil Rights Act.<br />
I. THE EVOLUTION OF TITLE VII<br />
The 1950s and 1960s were a time <strong>of</strong> great social movement and<br />
change. Civil rights groups and individual activists came out in vociferous<br />
support <strong>of</strong> greater equality and freedom <strong>for</strong> blacks, 7 women, 8 and o<strong>the</strong>r<br />
minority groups. After much political pressure, legislative recognition was<br />
finally af<strong>for</strong>ded to such groups through <strong>the</strong> passage <strong>of</strong> <strong>the</strong> Civil Rights Acts<br />
<strong>of</strong> 1957 9 and 1960, 10 but <strong>the</strong> standards were generally weak, focusing primarily<br />
on <strong>the</strong> right to vote. 11<br />
Protests became increasingly violent and disruptive, organized through<br />
movements such as <strong>the</strong> Birmingham Campaign in <strong>the</strong> spring <strong>of</strong> 1963. 12<br />
Finally, on June 19 <strong>of</strong> that year, President John F. Kennedy issued a statement<br />
to Congress on <strong>the</strong> civil rights issues, with a focus on <strong>the</strong> “fair and<br />
full” employment <strong>of</strong> blacks. 13 This included eliminating racial discrimination<br />
in employment, creating more job opportunities, and raising <strong>the</strong> level<br />
<strong>of</strong> skills through better education. 14 After a series <strong>of</strong> legislative bills, pro-<br />
7. Sit-ins, boycotts, and non-violent protests, led by such figures as Martin<br />
Lu<strong>the</strong>r King Jr., Malcolm X, Rosa Parks, and W. E. B. Du Bois, fought <strong>for</strong> racial<br />
dignity, economic and political equality, and freedom from oppression. The<br />
National Association <strong>for</strong> <strong>the</strong> Advancement <strong>of</strong> Colored Persons (NAACP) was also<br />
making large strides in political lobbying. See Michael Weber and Michael Mac-<br />
Carthy-Morrogh, Causes and Consequences <strong>of</strong> <strong>the</strong> African American Civil Rights<br />
Movement (Evans Publishing Group, 2005).<br />
8. In 1963, Betty Friedan published The Feminine Mystique (New York: <strong>No</strong>rton,<br />
1963), in which she questioned <strong>the</strong> role <strong>of</strong> women in public and private life,<br />
<strong>the</strong>reby launching <strong>the</strong> rise <strong>of</strong> feminism.<br />
9. 71 Stat. 634 (September 9, 1957).<br />
10. 74 Stat. 86 (May 6, 1960).<br />
11. 71 Stat. 634-638 (September 9, 1957) also gave judges <strong>the</strong> authority to protect<br />
voting rights through <strong>the</strong> independent investigation <strong>of</strong> claims depriving or<br />
interfering with <strong>the</strong> ability <strong>of</strong> certain citizens to vote.<br />
12. In Birmingham, Alabama, <strong>the</strong> Sou<strong>the</strong>rn Christian Leadership Conference<br />
(SCLC) rallied a campaign <strong>of</strong> organized protest against white civic authorities. To<br />
dissuade involvement, <strong>the</strong> police used dogs and high-pressure water hoses to control<br />
<strong>the</strong> demonstrators. These demonstrations quickly gained national media coverage<br />
as intensified outbreaks <strong>of</strong> dissolution. See n. 7.<br />
13. Adam W. Aston, “Fair and Full Employment: Forty Years <strong>of</strong> Unfulfilled<br />
Promises,” 15 Wash. U.J.L. & Policy 285 (citing John F. Kennedy, Special Message<br />
to <strong>the</strong> Congress on Civil Rights and Job Opportunities, Pub. Papers 483, 488<br />
(June 19, 1963).<br />
14. Ibid.