Lyndon B. Johnson

Tj Castor11/2/104 th Period

Historical Representation

On June 19, 1963, President John F. Kennedy sent a Civil Rights Act to Congress. He was reacting to the civil unrest sparked by the black rights movement. American opinion had been galvanized by television images, such as that of Bull Connor, head of the police and fire departments in Birmingham, Alabama, turning high-pressure fire hoses on peaceful black children who were blown brutally down the pavement. The CRA met stiff political opposition and stood little chance of passage.

Historical Representation cont.

Then, on November 22, 1963, Kennedy was assassinated. His successor Lyndon B. Johnson proclaimed, “No memorial oration or eulogy could more eloquently honor President Kennedy's memory than the earliest passage of the civil rights bill for which he fought so long”. The CRA became a tribute to a fallen leader. Opponents scrambled to prevent the Act's passage. On February 8, 1964, Congressman Howard W. Smith of Virginia made a colossal blunder in an attempt to block the CRA in the House of Representatives. Essentially, his amendment called to insert the word 'sex' after the word 'religion' whenever the latter term appeared in Title VII of the CRA, which guaranteed 'fair' employment practices. He thought this amendment would kill the bill but it did not. President Johnson pushed the CRA through the Senate and signed it into law on July 2, 1964.

Analysis of Intended Consequences 

The sweeping legislation ushered in a new era for the civil rights movement. For the first time in America's history, hotels and restaurants could not discriminate against blacks. Employers had to end job discrimination based on race, and the federal government could sue school systems that refused to desegregate. By allowing the federal government to sue, private citizens no longer suffered the burden of having to litigate civil rights violations.

Analysis of Intended Consequences cont.

To enforce the Civil Rights Bill of 1964, the federal government formed the Equal Employment Opportunity Commission (EEOC). The commission banned all discrimination based on race, religion, gender, and national origin in an act that became known as Title VII. Following passage of the Civil Rights Bill and the establishment of the EEOC, most businesses in the south immediately desegregated.

Analysis of Unintended Consequences

Congressman Howard W. Smith’s amendment became part of Title VII of the CRA, which guaranteed 'fair' employment practices. This was the drive to outlaw discrimination in the workplace and in academia, which ultimately led to sexual harassment laws. Today, virtually every American business of size has sexual harassment policies. The rampant fear of lawsuits is justified. In 1984, the revised guidelines of the Equal Employment Opportunity Commission - which pursues such complaints - held employers to be responsible for sexual harassment even though "the specific acts complained of were forbidden by the employer and regardless of whether the employer knew or should have known of the occurrence.

Analysis of Unintended Consequences

Another unintended consequence is affirmative action laws by which de facto racial and gender quotas have been widely established. Title VII is designed to encourage hiring on the basis of ability and qualifications, not race or religion. Presumably the same applied to sexual 'quotas' and gender hiring. Government began to establish quotas almost immediately.

Analysis of Unintended Consequences

A few months after the CRA passed, President Johnson created the Office of Federal Contract Compliance that issued guidelines to all companies doing business with the government. These guidelines were the beginning of quota system in the American workplace. From here, it was a slippery slope all the way down to sexual harassment laws. In short, the impact of the CRA has been not been defined by the explicit goals of those who framed it, but by the unforeseeable behavior of those who implemented it.

Personal Opinion

If I were one of President Johnson’s advisors during the Civil Rights area, I would have definitely pushed for the passage of civil rights legislation. The Civil Rights Amendment of 1964 ended discrimination against blacks in public places. It allowed the federal government to sue on behalf of blacks that were being discriminated against. This was a great benefit to minorities because many lack resources or money for lawsuits.

 

Personal Opinion

Even though sexual harassment policies and quota were unintended consequences, the policies both enforce and create diverse American workplaces. This legislation was also major factor that led to the passage of the Voting Rights of 1965. Johnson urged Congress to pass the Voting Rights Act of 1965. The resulting law ensured that all citizens had the right to vote and authorized the Attorney General to dispatch hundreds of federal examiners to register voters in the south.

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