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Equal opportunity is the goal of laws, regulations, and policies attempting to ensure that similarly situated people are treated equally in virtually all aspects of life, including jobs, education, housing, public accommodations, and so forth. The United States has a long and difficult history regarding equality based on race, gender, ethnicity, and other characteristics. Women, blacks, Native Americans, Asians, Jews, gays, the differently abled, and others were variously denied the right to vote, not given equal pay for equal work, not allowed to have certain jobs, denied access to equal education, and denied access to public facilities and generally did not enjoy the same rights to pursue the same quality of life as white males. In an effort to live up to the statement in the Declaration of Independence that “we hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness,” the U.S. Congress has passed laws guaranteeing its citizens an equal opportunity to receive the basics determined to be part of a civilized and humane democratic society: housing, education, employment, voting, public accommodations, and receipt of federal funds. Equal opportunity encompasses a set of laws that are an attempt to rid the country of the effects of its history of denying equality based largely on immutable characteristics such as race, gender, or ethnicity.

The primary vehicle for providing equal opportunity is the Civil Rights Act of 1964. There are also other major laws providing equal opportunity on the basis of age or disability. States also have equal employment laws that by and large track those of the federal government, though some states have added other categories, such as affinity orientation, marital status, or political affiliation. The major equal opportunity laws are reviewed here.

Fourteenth Amendment to the U.S. Constitution

Arguably, the first major equal opportunity provision, the Fourteenth Amendment, ratified in 1868, undergirds much of the expectation that Americans have to be treated fairly and be treated the same if they are similarly situated. The amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The Fourteenth Amendment was subjected to a great deal of resistance during its passage, since it was put in place to give the newly freed slaves the same rights as U.S. citizens, something they had not heretofore enjoyed. Under the law, the federal government, generally through the U.S. Supreme Court, could nullify state laws that operated to deny blacks the rights enjoyed by white citizens.

Despite passage of the Fourteenth Amendment, several southern states still maintained, either formally or informally, ironclad “Black Codes,” which subjected blacks to a different set of rules and laws than whites. Such laws were in effect for nearly 100 years after passage of the amendment, until they were outlawed by the Civil Rights Act of 1964. The Fourteenth Amendment's denial of equal protection and due process has become the primary means of challenging laws that create barriers to equal opportunity in the United States.

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