Civil Rights Act of 1964

Title II

Title II addresses injunctive relief against discrimination in places of public accommodation. This title, in its provisions against discrimination, made it possible for minority groups to travel and have access to the same accommodations as Whites. As an extension of Title II, university cafeterias and dining halls had to be made open to all students regardless of their race. As with other provisions of the law, aggrieved parties can look to the Attorney General for relief or can file private claims for relief.

Title III

Title III concerns the desegregation of public facilities. Pursuant to Title II, the attorney general of the United States has the authority to initiate legal proceedings on behalf of a person or a group of persons who were denied the use of public facilities and who were unable to bring suit against their states due to the lack of funds necessary to obtain effective legal representation. The attorney general can thus file suit in the appropriate federal trial court. As a result of Title III, minority students cannot be denied opportunities to live in on-campus or off-campus housing and facilities.

Title VI

Title VI covers the prohibition against discrimination in programs receiving federal financial assistance. Titles VI and VII are the two most litigated titles of the Civil Rights Act, producing many changes in the operations of colleges and universities. According to Title VI, “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 in any program receiving Federal financial assistance” (42 U.S.C. § 2000d).

The reach of Title VI is coextensive with judicial interpretation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution (Guardians Association v. Civil Service Commission of the City of New York, 1983). However, even though the Fourteenth Amendment is triggered by state action, Title VI does have a practical effect on private institutions of higher education to the extent that their students qualify to receive federal financial assistance in the form of federal loans and grants. In this way, Title VI plays an important role in extending the protections of the Equal Protection Clause to private institutions of higher education. However, if private institutions do not receive any federal benefits whatsoever, Title VI has no impact on their operations.

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