[Athen] A good time to remember the upcoming Anniversary of The Civil Rights Restoration Act

Lissner, Scott lissner.2 at osu.edu
Fri Mar 3 08:41:44 PST 2017


It seems like a good time to remember that twenty-nine years ago later this month (March 22, 1988) Congress overrode President Regan’s veto to pass The Civil Rights Restoration Act<https://www.govtrack.us/congress/bills/100/s557> to, according to the Senate Report,
“overturn Supreme Court’s 1984 decision in Grove City College v. Bell,<https://www.oyez.org/cases/1983/82-792> . . . and to restore the effectiveness and vitality of the four major civil rights statutes [Title IX<https://en.m.wikipedia.org/wiki/Title_IX> of the Education Amendments of 1972<https://en.m.wikipedia.org/wiki/Education_Amendments_of_1972>, Sections 504 of the 1973 Rehabilitation Act<https://en.m.wikipedia.org/wiki/1973_Rehabilitation_Act>, Title VI of the Civil Rights Act of 1964<https://en.m.wikipedia.org/wiki/Civil_Rights_Act_of_1964>, and the Age Discrimination in Employment Act<https://en.m.wikipedia.org/wiki/Age_Discrimination_in_Employment_Act> of 1975] that prohibit discrimination in federally assisted programs.”
This Act clarified Congress’ intent, assuring the broad application of federal protections based on race, sex, age and disability, striking a decisive blow to discrimination.

Grove City College v. Bell, 465 U.S. 555<https://www.oyez.org/cases/1983/82-792> was decided by the Supreme Court in February of 1984. The Court ruled that the prohibition of sex discrimination in Title IX of the Higher Education Act extended only to the specific program or activity receiving federal funds; not to the entire institution. Supporting Grove City College’s argument that since the only federal funds they received were student financial aid monies; only their financial aid programs had to operate in a non-discriminatory manor. Since Title IX<https://en.m.wikipedia.org/wiki/Title_IX> of the Education Amendments of 1972<https://en.m.wikipedia.org/wiki/Education_Amendments_of_1972>, Sections 504 of the 1973 Rehabilitation Act<https://en.m.wikipedia.org/wiki/1973_Rehabilitation_Act>, Title VI of the Civil Rights Act of 1964<https://en.m.wikipedia.org/wiki/Civil_Rights_Act_of_1964>, and the Age Discrimination in Employment Act<https://en.m.wikipedia.org/wiki/Age_Discrimination_in_Employment_Act> use the same language to describe coverage, the decision significantly narrowed the scope of laws prohibiting federal fund recipients from discrimination based on sex, race, disability and age.

This sad state of affairs that lasted just over four years when, on March 22, 1988, Congress affirmed its intent and overrode Reagan's veto to restoring four critical civil rights statutes; clarifying that sex, race, disability and age discrimination are prohibited throughout entire institution if any part receives any federal financial assistance. The Civil Rights Restoration Act is a reminder that discrimination is … discrimination.





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