3.
Kennedy's executive order was well intentioned, but it did not go very far toward eliminating job discrimination. A study of ninety-one government contractors revealed an average of 5% minority employment in May 1961 and an average of only 5.1% in January 1963.4 A major part of the problem existed because employers were not really expected to show results under the Kennedy order. The compliance reports were only supposed to demonstrate a firm's efforts to hire more minorities, and effort is very difficult to evaluate. Additionally, Executive Order 10925 only applied to companies with federal contracts, those companies outside of the federal arena were not mandated to comply. .
By 1964, the movement for racial equality had gained more support, both in the government and private sectors alike. Because of this growing support a civil rights law was introduced in Congress. Its titles, or ports, called for a ban on discrimination in public accommodations (hotels, restaurants, trains, etc.) public education, federal programs, and employment. Title VII, which covered employment, stated that employers could not fire, refuse to hire, or deny "employment opportunities" because of an individual's race, color, sex, or national origin.5 After much debate in Congress, the Civil Rights Act of 1964 passed and was signed into law. It covered only private employers, but in 1972 it was amended to include labor unions, employment agencies, and job training programs. Although the Civil Rights Act of 1964 prohibited discrimination in public accommodations and places of employment, it did not create affirmative action, but it paved the way for it to be developed.
The Civil Rights Act of 1964 was joined the next year by Executive Order 11246, issued by President Lyndon Johnson in September 1965. Executive Order 11246 is regarded as the originating document of federal affirmative action.