What's Under Attack- 1964 Civil Rights Act
What’s Actually Under Attack
Disparate‑Impact Enforcement
Federal protections under Title VII (employment), Title VI (federally funded programs), and other civil rights laws allow individuals to challenge policies that have discriminatory effects—even if there was no intent to discriminate. This is known as disparate-impact liability, and it’s under severe attack.
In April 2025, the Trump administration issued an executive order eliminating the government's ability to enforce this principle—effectively gutting a key enforcement tool that has protected millions from discriminatory policies in employment, housing, education, and more.
Affirmative Action and DEI Programs
Efforts- to rescind affirmative action and DEI (Diversity, Equity & Inclusion) initiatives have also escalated:
An executive order revoked former Executive Order 11246, which required federal contractors to promote workplace diversity. The administration described such programs as "radical" and aligned with "merit-based hiring only."
Affirmative Action in Education
Although this is not a direct challenge to the CRA itself, it reflects broader weakening of constitutional protections related to equality:
In Students for Fair Admissions v. Harvard (2023), the Supreme Court banned race-conscious college admissions, citing Title VI of the CRA as part of its rationale. While that case doesn’t directly undo the 1964 Act, it reflects the momentum against using public policy to close racial gaps.
What We Can Do to Fight Back
Support Legislative Protections:
Congress can pass laws to restore or strengthen disparate-impact protections and affirm an individual’s right to bring a private lawsuit under Title VI and other civil rights provisions.
For instance, H.R. 1354 proposes reinstating private rights of action under Title VI to allow individuals to challenge discrimination even when agencies fail to act.
Legal Action and Litigation:
Civil rights groups (NAACP Legal Defense Fund, ACLU, etc.) can—and should—challenge executive orders that limit enforcement and deprioritize protections under the CRA.
Supporting lawsuits that preserve access to courts for discrimination claims (like disparate-impact challenges) is key.
Grassroots Advocacy & Civic Engagement
Raise awareness: Educate communities about how these changes erode protections in everyday life—from hiring practices to housing to healthcare.
Mobilize: Write or call your representatives to demand stronger laws, publicly stand up for institutional options like DEI in your workplaces and schools, and bring visibility to these issues.
Form alliances: Work with other civil rights organizations, faith groups, education coalitions, parents, and local leaders to build a strong, unified resistance.
Stay Informed and Act
Track both local and federal developments. Executive orders and court rulings are setting dangerous precedents.
Participate in local activism, town halls, and national campaigns that demand enforcement of the CRA in spirit and in practice.
By understanding these specific threats—and responding with targeted legal, legislative, and grassroots strategies—we can better protect the hard-won rights won under the Civil Rights Act of 1964.