Chapter 43: Discrimination

Discrimination

Laws, regulations, amendments, and court decisions are ways which the government has responded to discrimination.

“Jim Crow” Laws

Laws passed between 1876 & 1965 that mandated de jure segretation

Where did the name comefrom?

The name Jim Crow comes from a minstrel show in the ante bellum period.

The show involved a white man in black face dancing around and using exaggerated movements and voice to poke fun at African Americans. The name Jim Crow became synonymous with Arican American.

“Jim Crow” Laws

A black male could not offer his hand to a white male, because this implied social equality.

Blacks were to be introduced to whites – never whites introduced to blacks.

White motorists had the right-of-way at all intersections.

If blacks and whites were eating together, the whites would be served first and there would be a partition splitting them.

Plessy v. Ferguson (1896)Ruled that segregation is permissible in public facilities (Schools, restaurants, train cars, restrooms, etc). Created the “separate but equal” rule.

Brown v. Board of Education (1954)

Ruled that “separate is unequal” and that public facilities should be desegregated “with deliberate speed.”

After Brown. Board of Education…

The Civil Rights Act of 1964 and The Civil Rights Act of 1968 prohibited discrimination based on race, sex, and national origin in employment and housing. (today we also have to consider age, gender, disabilities, citizenship status, sexual orientation)

http://www.youtube.com/watch?v=TTGHLdr-iak

Brown v. Board of Educationhttp://www.youtube.com/watch?v=RGjNqrQBUno

Discrimination

Discrimination occurs when some people are treated differently than others because of race, age, gender, or religion.Not all types of discrimination are illegal or unfair. (ex: driver’s license discriminates based on age but its not unreasonable)

How is discrimination determined?

The Rational Basis Test

There must be a rational basis for for differential treatment under the lawLowest level of scrutiny applied to judicial review

Which court case established judicial review?

Ex: legal age to marry

The Strict Scrutiny Test

Most stringent form of judicial reviewUsed to weigh government interest against a constitutional right or principle

Will be found unconstitutional unless the state can show that the discriminating classification serves a very important interest

Ex: Korematsu v. U.S.

The Substantial Relationship Test

Used in gender discrimination cases- there must be a close connection, not just a rational relationship, between the law and its purpose. Any law that classifies based on gender must serve an important governmental purpose.

-Ex: Women cannot talk on the phone while driving because there have been more accidents involving women but men are allowed to talk while driving….this is unconstitutional because there is no connection between all the women’s accidents and phones

Racism in America

http://www.youtube.com/watch?v=YyL5EcAwB9c

Discrimination Based on Race

Discrimination in Schools:-After Brown v. Board,

states used many methods of integration: choice plans, redrawing districts, transferring teachers, and BUSING!

- Swann v. CMS (1971): the Supreme Court ruled to use forced bussing to integrate schools (This case was overturned in 2002)

Are we integrated?

http://www.youtube.com/watch?v=3LKlvW2LD3s

Should the government take steps to bring greater integration of public schools? If so what should the government do? If not why not?

Butler HS

Providence HS

Ardrey Kell HS

West Charlotte HS

Harding HS

Affirmative Action

Affirmative Action means taking steps to remedy past and current discriminations in employment and education. Equal Opportunity or Reverse Discrimination??

Affirmative Action

Several methods have been used to increase the number of minorities admitted into educational programs: quotas, goals, and preferencesRegents of the University of Cali v. Bakke (1978): racial quotas are illegal but race can be one of the factors considered for admission http://www.youtube.com/watch?v=Z1flZFbZiB4

Discrimination in Employment

Civil Rights Act of 1964: Title VII: prohibits discrimination in employment based on race, color, sex, religion, or national origin by businesses with more than 15 employees or labor unionsBiggest Recent Issue: a requirement that a fixed percentage of a publicly funded projects be set aside for minority owned firms

Your Thoughts??How do you feel about immigration? Should jobs be reserved for Americans first, are you glad they are making a better life for themselves, are they ok as long as they are legal???http://www.youtube.com/watch?v=7rnJbBQCHi4http://www.youtube.com/watch?v=n4ltqJ8-FG8

Discrimination in Voting Rights15th amendment: cannot be denied the right to vote because of race, color, or previous servitudeWhat about poll taxes (eliminated by the 24th amendment), literacy tests, and intimidation??19th amendment: women’s suffrageNational Association for the Advancement of Colored People (NAACP): works to end discrimination against African Americans and most recently works to equality in housing and employment, voter registration, and health care

Discrimination in Voting RightsGerrymandering: drawing Congressional district lines to strengthen the voting power of a particular group of peopleNC District 12

Collective RightsCollective Rights: when society recognizes that groups having a common culture, racial or ethnic heritage, religion, or language possess rights as a group The US Constitution and Bill of Rights do not recognize collective rights and focus on individual rights.

++++If we recognized this the US would be more community oriented and people would work together to solve societal problems.

---- By focusing on individual rights we are dividing ourselves into subcultures and also results in voting for people based on the candidate’s group rather than issues. We need an American culture.

Discrimination Based on National Origin and Citizenship

Status

Courts have not favored government laws and policies that discriminate based on national origin and citizenship status.Most of these laws treat people as a group rather than as individuals

Discrimination Based on Gender

The first women’s right convention was in 1848 in Seneca Falls, NY. They were demanding political, social, and economic equality, as well as the right to vote.1920: 19th Amendment was finally passed

Discrimination Based on Gender

1982 the Equal Rights Amendment (ERA) failed! This amendment would have made it illegal to pass or enforce laws that discriminated based on gender1963 Equal Pay Act: made it illegal to pay women less money than men for doing the same job

Discrimination Based on Gender

Women use the 14th amendment “equal protection clause” to fight discriminationThe Equal Employment Opportunity Commission (EEOC) is responsible for investigating charges of discriminationhttp://www.youtube.com/watch?v=NhVOdsWI88Uhttp://www.youtube.com/watch?v=iA3vGtMctUU&NR=1

Sexual Harassment

Sexual Harassment: unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature which takes place in the workplaceQuid Pro Quo: “this for that” ex: promotion for sexual favors

Hostile Environment: unwelcome conduct of a sexual nature that is so severe that it changes the conditions of employment Sexual harassment can also be made to a member of the same sex, not just the opposite sex

Sexual Harassment at School

Sexual Harassment at school includes a teacher against a student, a student against a teacher, or from one student to anotherAn employer will be held liable for its employees’ sexual harassment unless it can prove that it took reasonable steps to prevent harassment and that the alleged victim failed to take advantage of company policies.

Sexual Harassment

http://www.youtube.com/watch?v=jXQTSmeoeV8&feature=related

Title IX

Title IX of the Education Act of 1972: prohibits gender discrimination in most school activities, including curriculum, faculty hiring, and student athleticsSports programs must accommodate the interests and abilities of both sexes

Title IX

http://www.youtube.com/watch?v=WPCAfk5N_lU&feature=fvst

Discrimination Based on Sexual Orientation

People are protesting for equal rights and no discrimination in things such as marriage, employment and housing, and the militaryCongress has not passed any laws to protect people based on their sexual orientation (although states have!)

Discrimination in the Military

In 1993 Bill Clinton passed the order “Don’t Ask, Don’t Tell” , which declared that members of the armed services could not be forced to reveal their sexual orientation. However, if they do reveal that they are gay, lesbian, or bisexual they will be discharged.

http://www.youtube.com/watch?v=Tn1kpwGiZsg&feature=relatedhttp://www.youtube.com/watch?v=WmUuH4c_8ng&feature=fvsrhttp://www.youtube.com/watch?v=6WdPQbhN4wg&feature=fvsr

Discrimination Based on Age

Age Discrimination in Employment Act: protects workers age 40 and older, forbids discrimination in hiring, firing, paying, promoting, and other aspects of employment

Discrimination Based on Disability

A person is considered to have a disability if he or she has difficulty performing certain basic functions or has regular difficulty performing basic activities of daily living.A person is considered to have a severe disability if they are unable to perform one or more daily activities or needs help from another person to complete these activities.

Rehabilitation Act of 1973: bans discrimination in employment and requires employers who receive federal benefits to set up programs to assist people with disabilitiesIndividuals with Disabilities Education Act (IDEA): requires states to provide a free and appropriate education to children with special needs in the least restrictive environment

Americans with Disabilities Act (ADA): assists in bringing people with disabilities into the economic and social mainstream of society, an individual with a disability is entitled to reasonable accommodations in order to overcome existing barriersEX: making facilities accessible, modifying training materials, providing interpreters, parking

The employer is NOT required to make an accommodation if doing so would cause the employer significant difficulty or expense An employer cannot ask questions about a disability until the job offer has been madeArchitectural Barriers Act of 1968: requires all public buildings be made accessible

Housing Discrimination

Fair Housing Act of 1973: forbids discrimination in the leasing, selling, or financing of housing based on race, color, religion, gender, national origin, or disabilitiesSteering: directing perspective buyers or renters to particular areas because of their race or some other factors

Not all housing discrimination is illegal: can refuse to rent to people who have poor credit historyContact Housing and Urban Development (HUD) if you think you have been discriminated against

State and Local Laws Against Discrimination

Most state laws prevent discrimination based on even stricter characteristics: Age Marital status Personal appearance Income Sexual orientation Family responsibility (kids) Physical handicap Political affiliation