See United Steelworkers of America v. Weber
, 443 U.S. 193, 202-03 (1979) (also noting: the1962 unemployment rate of Blacks and other people of color was 124 percent higher than that of Whites).
The following terms are used interchangeably in this document due to their frequent andaccepted vernacular usage: “Black” and “African American”; “White” and “Caucasian”; “Asian” and “AsianAmerican”; “American Indian” and “Native American”; and “Latino” and “Hispanic.” The document willrefer to non-Whites generally as “people of color.”
See Franks v. Bowman Transp. Co., Inc.
, 424 U.S. 747, 763 (1976) (“Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due todiscrimination [prohibited by Title VII] . . . and ordained that its policy of outlawing such discriminationshould have the highest priority.”) (citations omitted). For a good discussion of the history of Title VIIenforcement, see C
athttp://www.eeoc.gov/abouteeoc/40th/panel/; and T
EEOC Charge Statistics,
SECTION 15: RACE and COLOR DISCRIMINATION
With the enactment of the Civil Rights Act of 1964, Congress sought to eliminate the problems of segregation and discrimination in the United States. The impetus for the Act was thecivil rights movement of the 1950s and 1960s, which challenged the denial of the right of Blacksto participate equally in society.The employment title of the Act — Title VII — covers employment discrimination basedon race, color, religion, sex, national origin, or protected activity. Title VII’s prohibitions againstrace and color discrimination were aimed at ending a system in which Blacks were “largelyrelegated to unskilled and semi-skilled jobs.”
However, Congress drafted the statute broadly tocover race or color discrimination against anyone – Whites, Blacks, Asians, Latinos, Arabs,American Indians and Alaska Natives, Native Hawaiians and Pacific Islanders, persons of more thanone race, and all other persons.
Today, the national policy of nondiscrimination is firmly rooted in the law.
In addition, itgenerally is agreed that equal opportunity has increased dramatically in America, including inemployment. Blacks and other people of color now work in virtually every field, and opportunitiesare increasing at every level.Yet significant work remains to be done. Charges alleging race discrimination inemployment accounted for 35.5 percent of the Commission’s 2005 charge receipts, making race stillthe most-alleged basis of employment discrimination under federal law.
In addition, several privatestudies conducted in the early 2000s provide telling evidence that race discrimination inemployment persists. A 2003 study in Milwaukee found that Whites with a criminal record received job call-backs at a rate more than three times that of Blacks with the same criminal record, and even