Are race and color distinctions mutually exclusive under the Civil Rights Act of 1964? Can two persons be of the same race but of different colors under the act? What are the five racial groups defined by the act? Solution no both are different. and two people who are in the same race but different colors will be treated as different only. they are not similar by color, here the discrimination is color. on basis of color they will get different faciliites. the 5 different racial groups are: White, Blcak American (African american), Asian, Hiapanic and American Indians..