Civil Rights Act Exposed
The Civil Rights Act is listed under ALEC's Commerce, Insurance, and Economic Development Task Force and was included in the 1996 ALEC Sourcebook of American State Legislation. According to ALEC.org, the Act was approved by the ALEC Board of Directors in January, 1996, and reapproved on January 28, 2013. (Accessed on 7/14/2015).
CMD's Bill Summary
This 1995 bill applies the Language of the Civil Rights Act of 1964 to prohibit the so-called "reverse discrimination" of race-conscious policies. California passed Proposition 209 banning affirmative action and "preferential treatment" in 1997, the similar Initiative 200 passed in Washington State in 1998, and Nebraska voters approved a similar affirmative action ban in 2008. A series of U.S. Supreme Court decisions subsequent to this ALEC model legislation also narrowed the constitutionally-acceptable scope of affirmative action programs and race-conscious policies (Grutter v Bolinger (2003), Parents v Seattle / Meredith v Jefferson (2006), Ricci v DeStefano (2009)).
ALEC Bill Text
Summary
The Civil Rights Act prohibits any state entity from discriminating or giving preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin. As a result, all set-aside contracts and affirmative action programs targeted at such individuals or groups would be void.
Model Legislation
Section 1. {Short Title.}
This Act shall be known as the Civil Rights Act.
Section 2. {Legislative Declarations.}
(A) The civil rights achievements of the 1960's were designed to ensure that all citizens are treated in a race- and gender-neutral fashion.
(B) Since it is important to end all discrimination in society, preferences and quotas that result in more discrimination need to be eliminated.
Section 3. {Definitions.}
Section 4. {Discrimination Prohibited.}
(A) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(B) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(C) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.
(D) Nothing in this section shall be interpreted as prohibiting action that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state.
(E) For the purposes of this section, "state" shall include, but not necessarily be limited to, the state itself, any city, county, city and county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.
(F) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of anti-discrimination laws.
Section 5. {Severability Clause.}
This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, this section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
Section 6. {Repealer Clause.}
Section 7. {Effective Date.}
1996 Sourcebook of American State Legislation
