Civil RightsCivil Rights

• In this chapter we will learn about past discrimination and the federal laws which now work to guarantee the fair and equal treatment of all Americans.

• Think of one instance in your lives where you have been discriminated against.

“Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.”

-Justice John Marshall Harlan (1896)

Civil Rights and Civil Liberties

Civil RightsCivil Rights – what the government must do for us to ensure equal protection against discrimination. Examples: right to vote; equality in job opportunity, education, and housing; no age, gender or disability discrimination; and equal protection under the law.

Civil LibertiesCivil Liberties – protections against arbitrary government actions (setting forth what the government (can/cannot do). Civil liberties include individual freedoms in the Bill of Rights [religion, speech, press, assembly, petition, rights of accused, etc.] Protection against government interference.

Chapter Objectives:Chapter Objectives:1. The make-up of the U.S. population2. What are our guarantees of equality?3. The Civil Rights laws passed since 19574. Acquiring U.S. citizenship

White Hispanics Blacks Asians Nat. Amer.

200 44 40 15 2.1

66% 15% 13% 5% 1%

*2050 Projections*2050 Projections

*208*208 *96 *96 *53 *32 *3.5 *53 *32 *3.5

+6%+6% +197% +60% +209% +72% +197% +60% +209% +72%

The way things are going, AugustThe way things are going, August of of 2020 2020 will bewill be designated designated

““White History Month”White History Month”

Section 1. Section 1.

Diversity and Discrimination in American SocietyDiversity and Discrimination in American SocietySection Focus: To understand the multicultural character of the U.S. Section Focus: To understand the multicultural character of the U.S. population and how we have historically treated women and minority population and how we have historically treated women and minority groups.groups.

1. Historically, the population of the U.S. has been predominantly white.

2. In recent years, the *nonwhite population has grown much more rapidly than the white population. So, the *population is now moremore heterogeneous (diversediverse).

3. There are 6 million more females than males.

Heterogeneous PopulationHeterogeneous Population

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A Heterogeneous SocietyA Heterogeneous Society

1.1. WhiteWhite Americans Americans [200 million200 million] historically have failed to allow other minority groups to take an equal place in society. They have faced muchmuch difficulty achieving equality.

2.2. HispanicsHispanics [44 million44 million] are the largest minority group in the U.S. They come from 22 different 22 different countriescountries. The four main groups are MexicanMexican [22 million], Puerto RicanPuerto Rican [3 million], CubanCuban [1 million], and Central or South AmericanCentral or South American descent [3 million].

3.3. African AmericansAfrican Americans [40 million40 million] have been the victims of the most unjust treatmentmost unjust treatment. Many of the gains made by the nation in granting equality to all persons have arisen out of efforts made by and on behalf of African AmericansAfrican Americans.

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4. AsianAsian Americans Americans [15 million15 million]. With the Chinese Exclusion Act of 1882, Chinese immigration was severely restricted for nearly 80 years due to racial discrimination. [Competition of “coolie labor”“coolie labor”]. Having grown 50% in the last few years, they are the fastestfastest growing minority group growing minority group. Gary Locke of Washington state, in 1996, became the 1st Chinese American to be a State governor. Asians include 800,000 Koreans800,000 Koreans and 1.5 million Filipinos1.5 million Filipinos.

5. Native AmericansNative Americans [2.1 million2.1 million] Since arrival of European settlers in the Americas their population has dropped drasticallydrastically (due to disease, warfare, and unjust treatment) from 1 million in 1700 to 237,000 in 1900. Their life span is 10 years shorterlife span is 10 years shorter and their infant mortality is 3 times greaterinfant mortality is 3 times greater. ½ live on reservations. [308 tribes speak 200 languages; tribes are “nations”“nations”.]

A Heterogeneous SocietyA Heterogeneous Society55

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Discrimination Against WomenDiscrimination Against Women

• Although women are the majority of the U.S. population [6 million more], they have faced systematic discrimination.

• Although women’s suffrage and equal pay laws have been passed, women still do not hold positions of power in equal numbers with men nor do they earn as much as men.

• More than ¾ of all jobs held by women are in low-payinglow-paying clerical and service occupations so their pay is .80 for every $1 a man receives.

• Women hold less than 1% of the nations top public offices.

• 10% of Congress 535 seats are held by women.• Only 1% of more than 10,000 who have served in the House were

women. [1% is good for milk but is it good for Congress?]

• 20% of seats in state legislatures are held by women.

• 20% of doctors, lawyers, & college professors are women.

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TThe he Supreme Court Declared Supreme Court Declared These These

GGovernment overnment Actions Actions UUnconstitutionalnconstitutional

• Provisions of Social Security laws providing benefits to families with unemployed fathers but not unemployed moms.

• A state law giving sons child support from their fathers until they are 21, but daughters only until they are 18.

• A state law prohibiting the sale of beer to males under 21, but to females under 18.

• A state law providing that husbands, but not wives, may be required to pay alimony.

• A State law excluding males from enrolling in a professional nursing program, designed for women, offered by a public university.

• So, the constitution protects men as well as women from discrimination because of sex.

Section 2. Equality Before The LawSection 2. Equality Before The Law1. What is the Equal Protection ClauseEqual Protection Clause of the 14th amendment and how has it been applied and interpreted.2. Difference between de jurede jure [by “law”“law”] and de factode facto [in “fact”“fact”] segregation

Equal Protection Clause [Due Process] in 14Equal Protection Clause [Due Process] in 14thth Amendment Amendment• No State shall…deny to any (No State shall…deny to any (no) ) personperson within its jurisdiction the

equal protectionequal protection of the laws. This clause was originally intended intended forfor the newly freed slavesfreed slaves.

• It forbids states to drawforbids states to draw unreasonable distinctionsunreasonable distinctions between different classes of persons. Some Some distinctions based on committing crimes committing crimes or being underageunderage are acceptable.

• A. Reasonable ClassificationReasonable Classification – The government must have the power to draw reasonable distinctions between persons and groupsreasonable distinctions between persons and groups. The Supreme court has had to decide many times whether particular laws are unfairly discriminatoryunfairly discriminatory.

• 1.) The Rational Basis TestRational Basis Test – This test isis used to determine equal protection cases] does the classification in question bear a reasonable relationshipreasonable relationship to the achievement of some proper governmental purpose?

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2.) The Strict scrutiny Test Strict scrutiny Test makes things makes things moremore difficult difficult a. In cases dealing with “fundamental rights”“fundamental rights” such as the right to vote, or “suspect classifications,”“suspect classifications,” such as those based on race or sex, the Supreme Court imposes the strict scrutiny teststrict scrutiny test.Example: There can’t be government aid to just one racerace. b. This test requires that the State prove that some “compelling “compelling governmental interest” governmental interest” justifies thejustifies the distinctions distinctions it has drawn. A law forbidding redheads with freckles from voting would not pass.

• States may not discriminate unreasonablemay not discriminate unreasonable. States tax smokerstax smokers, but not nonsmokers. They can’t tax only male smokers or brunette smokers. A state can not make women eligible for alimony but say that men are not. The Court found that need, not sex is the factorneed, not sex is the factor on which alimony is based.

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Segregation in America Separate-But-Equal DoctrineSeparate-But-Equal Doctrine• In the late 1800s, blacks were more likely to be convictedconvicted

than whites & faced harsher penaltiesharsher penalties for the same crime.

For crimes against whitescrimes against whites, justice had a heavy hand. • The KKKKKK brought terror and deathterror and death to blacks who dared

assert their constitutional rights. Over a 20-year period

in the late 1800s, there were some 2,000 lynching’s2,000 lynching’s or illegal hangings of blacks. One black was lynched about every four days.

• Nearly half the States passed racial segregation lawspassed racial segregation laws – Jim Crow laws. These laws required segregation by racesegregation by race in using both public and private facilities such as hotels, restaurants, parks, schools, and transportation. One southern city even passed an ordinance making it unlawful for a black and white tounlawful for a black and white to play checkers or dominoes togetherplay checkers or dominoes together.

Why It’s Called “JimJim CrowCrow”Nineteenth-century minstrel shows typically featured white performersNineteenth-century minstrel shows typically featured white performersin blackface. “Jim Crow” was the title of an early minstrel song & soon in blackface. “Jim Crow” was the title of an early minstrel song & soon was used to refer to any black person. Hence, “Jim Crow” laws were was used to refer to any black person. Hence, “Jim Crow” laws were those specially written to segregate blacks from whites. those specially written to segregate blacks from whites.

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• The Citizens' Committee asked Homer Homer Plessy Plessy to agree to violate Louisiana's Separate Car law, which required the segregation of passenger trains by race.• On June 7, 1892, Plessy, bought a first-class ticket on the East Louisiana Railroad and sat in the "whites- only“"whites- only“ passenger car. When the conductor came to collect his ticket, Plessy told him that he was 7/8 white and that he refused to sit in the "blacks-only""blacks-only" car. Plessy was immediately arrested and booked into the parish jail, and released the next day on a $500 bond.• On May 18, 18961896, [Plessy v. FergusonPlessy v. Ferguson] Justice Henry Billings Brown delivered the majority opinion in favor of the State of Louisiana stating that stating that segregation in publicsegregation in public facilities was not facilities was not unconstitutional as long as the facilities unconstitutional as long as the facilities were substantially were substantially equalequal…. Later courts focused on the “separate”, “separate”, but but not not “equal”. “equal”.

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Impact of PlessyImpact of Plessy

• The Court said the 1414thth amendment amendment was meant for civil and political equalitycivil and political equality, not social equality.

• The Court’s decision set a precedent for almost 60 yearsprecedent for almost 60 years the view that blacks were not being denied equal treatment because they were provided with “separate”“separate” public facilities if those facilities were equal to those provided for whites.

• Justice Harlan dissented, saying all people were equal in the eyes of the constitution and racial differences were unconstitutional.

• “Our constitution is color-blindconstitution is color-blind, and neither knows or tolerates classes among citizens… The law regards man as man, and takes no account of his surroundings or of his color when his civil rights are involved.”

• The Plessy decision formalized third-class citizenshipthird-class citizenship for blacks. Every aspect of life in the South became racially segregatedracially segregated by law. OklahomaOklahoma had separate phone boothsseparate phone booths. Atlanta courts had separate Biblesseparate Bibles for swearing in blacks or whites. Office buildings had separate elevators separate elevators and drinking fountainsand drinking fountains. A New Orleans ordinance assigned white and white and black prostitutesblack prostitutes to separate sections of town. Little effort was made to see that the separate accommodations were equal. They were not most of the time. Things weren’t much different in the north.

Sweatt v. Painter – 1946Sweatt v. Painter – 1946Heman Sweatt applied for admission the UT Law School. He was very qualified but was rejected and sued. Texas had set up another for blacks but Sweatt argued that it was not equal to the white school. In 1950, the Court ordered the integration of UT Law School. T.S. Painter was the UT President.

Gaines case of 1938Gaines case of 1938In 1938, Lloyd Gaines applied to an all-white In 1938, Lloyd Gaines applied to an all-white law school in Missouri. The State did not have law school in Missouri. The State did not have a law school for blacks, but did offer to pay his a law school for blacks, but did offer to pay his tuition in any of four neighboring States, where tuition in any of four neighboring States, where blacks were admitted on an equal basis. blacks were admitted on an equal basis. Gaines declined and appealed to the Court.Gaines declined and appealed to the Court.The Court said Missouri had two choices:The Court said Missouri had two choices:1. Admit Gaines to the state’s law school, or1. Admit Gaines to the state’s law school, or2. Establish a separate-but-equal one for him, 2. Establish a separate-but-equal one for him, so he was admitted. so he was admitted.

• In 1951, a class action suit was filed against the Board of Education of the City of Topeka, Kansas in the U.S. District Court for the District of Kansas. The plaintiffs were thirteen Topeka parents on behalf of their twenty children.• The suit called for the school district to reverse its policy of racial segregation. Separate elementary schools were operated by the Topeka Board of Education under an 1879 Kansas law which permitted (but did not require) districts to maintain separate elementary school facilities for black and white students in twelve communities with populations over 15,000.• In 1954, the Warren Court handed down a 9-0 decision9-0 decision which stated, in no uncertain terms, that "separate educational facilities are inherently unequal.

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Not everyone accepted the Brown decision. • Integration moved veryvery slowlyslowly, Senator Harry F. Byrd [VA] organized the Massive Resistance movementMassive Resistance movement that included the closing of schools rather than desegregating them. • In 1957, Arkansas Governor Orval Faubus (D) called out his state's National Guard in 1957 to block black students‘ entry to Little Rock High School. President Dwight Eisenhower responded by deploying elements of the 101st Airborne deploying elements of the 101st Airborne Division Division from Fort Campbell, Kentucky to Arkansas and by federalizing Faubus' National Guard.

Harry F. Byrd Orval Faubus

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Not everyone accepted the Brown decision. • In 1963, Alabama Gov. George Wallace personally blocked Gov. George Wallace personally blocked the door to Foster Auditorium at the University of Alabamathe door to Foster Auditorium at the University of Alabama to prevent the enrollment of two black students. This became the infamous "Stand at the Schoolhouse Door," during which Wallace declared "segregation now, segregation tomorrow, segregation forever. “ He moved aside only when confronted by federal marshals and Deputy Attorney General Nicholas Katzenbach.

Gov. George Wallaceblocking the door

In 1968, the Open Housing ActOpen Housing Act was passed, forbidding discrimination in the sale or rental of homes• In United States v. Montgomery County Board of EducationUnited States v. Montgomery County Board of Education (1969) Judge Frank Johnson’s desegregation order for teachers was upheld, allowing an approximate ratio of the races to be established by a district judge. • In the Burger Court’s first desegregation case, Alexander v. Holmes Alexander v. Holmes County Board of EducationCounty Board of Education (1969) the Court declared it to be the obligation of all districts to eliminate dual school systems immediately. This opinion also proclaimed "no longer constitutionally permissible" the "all deliberate speed""all deliberate speed" formula that the Supreme Court had adopted in 1955 to describe the pace at which the desegregation of southern schools must proceed.

In 1957, a federal judge ordered the admission of nine black students to white Central High in Little Rock. Gov.Faubus ordered out the National Guard to prevent the black children from entering to “protect the peace and tranquility of the community.”. The federal government ordered him to remove the National Guard. Riots broke out. Ike had to send regular army units to restore order.On Monday, September 23, the nine black students left for Central High. They

rode to school in army station wagons, surrounded by jeeps with soldiers holding machineguns with drawn bayonets. There was a mob awaiting them. Inside the school, the black students became the brunt of various jokes. White students spat on them, tripped them, and yelled insults. By 11:30, the city police surrounding the school felt that they could no longer control the mob. The students had to leave the school through a rear entrance.

To ensure that they could complete a full day of classes, Eisenhower sent the 101st Airborne Division to patrol outside the school and escort the students into school and escort them to classes. They were subjects of unspeakable hatred. White students yelled insults in the halls and during class. They beat up the black boys. They walked on the heels of the blacks until they bled. They destroyed their lockers and threw flaming paper wads at them in the bathrooms. They threw lighted sticks of dynamite at Melba Pattillo, stabbed her, and sprayed acid in her eyes. The acid was so strong that had a 101st guard not splashed water on her face immediately, she would have been blind the rest of her life.

Little Rock Nine

Gradually the students were left to fend for themselves. In February, Minnijean Brown, after being provoked by white students, called one of the girls, “white trash” and dumped a bowl of chili on her head. She was expelled. The whites were jubilant, making up cards that said, “One down…eight to go!” The others did graduate under the watchful eye of 125 guardsmen.

South Boston -1974The city of Boston was found guilty of segregation in

the city’s schools in 1974. Although most school integrated quietly, in South Boston, protestors “stoned buses, shouted racial insults, and hurled eggs and rotten tomatoes.”

Little Rock Nine [continued]

One night, a prominent black leader received a phone call telling him not to send the students to school the next day. Community leaders intercepted the buses and they spent the day at UMass. There had been about 2,000 people waiting for the buses in South Boston. The protesters had planned to turn the buses over and burn them. Racial tensions continued to escalate.

On a normal day there would be ten to fifteen fights. You could walk down the hall and a black person would bump into a white person or vice versa. That would be one fight. That could lead to another fight and another. Some days, one fight could lead to school dismissal to avoid more fights.

You can’t imagine how tense it was in the classroom. A teacher was almost afraid to say the wrong thing, because they knew that would excite the whole class.

South Boston [continued]

The black children managed to survive their first year in South Boston. Looking back, many black students felt they could have received a better education at an all-black school simply because the all-black schools did not have to cope with the racial tensions and the violence.

The black students sat on one side of the class and the white students sat on the other side of the class. Racial tensions erupted in December when a black student stabbed a white classmate. White students ran around screaming that the white student was dead. The principal ordered the black students into his office for safety reasons as any student in the halls might be attacked. An angry mob formed outside of South Boston High. Black parents sent three decoy buses as well as the two that would actually carry their children away from the volatile situation.

DeDe JureJure [by “law”] Segregation – segregation that is a result

of law, with legal sanction. These school systems were abolished in 1970. Nowhere in the country was a public school legally identified as for whites or blacks.

Swann Swann v.v. Charlotte Meckleburg Board Charlotte Meckleburg Board of of EdEd.. – 1971– 1971The U.S. Supreme Court unanimously found that a court-ordered

plan for integrating historically segregated public schools was constitutional. The justices ruled that the plan, which included changing school attendance zones and increased busing of students to schools not located in their home neighborhoods, was a reasonable way to “eliminate from the public schools all “eliminate from the public schools all that remains of state-imposed segregation”that remains of state-imposed segregation” left over from the years before Brown v. Board of Education. This was saying busing couldcould be used.

This was the first sanctioned busing order.

DeDe FactoFacto [in “fact”] Segregation [segregation in “fact”] –

segregation that results from housing patterns and the practice of assigning students to neighborhood schools. This problem existed in northern [De factoDe facto] and southern states. Schools had to redraw school district lines, reassign pupils & bus students.

Each day, 20 million students ride buses to school. Fewer than 3% ride due to court decisions. Buses became a symbol of bitter controversy.

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Segregation In Other FieldsSegregation In Other FieldsRacial segregation in all areas is unconstitutional. These include: public recreationpublic recreation facilities [like public swimming public swimming poolspools], state prisonsstate prisons and local jailslocal jails, local transportationtransportation, and child custody decisions.In 1967, the court struck down a Virginia law that barred interracial marriages.

Many of these laws were designed to protect women from night night workwork, overtime workovertime work, heavy liftingheavy lifting, and “bad elements”“bad elements” in society. In practice, they often succeeded in discriminating against women.

Until recently, the legal status of women was one of substantial substantial inequalityinequality. 19th century law regarded husband and wife as one person, and “the one husband was the one.”“the one husband was the one.” In the 1970s, over 900 sex-based federal laws were on the books.

Laws, early on, treated men and women differently and were

seen as necessary to the protection of the “weaker or“weaker or

inferiorinferior sex.” sex.”

The court has said it isis unconstitutional to exclude women from jury duty.

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Sex DiscriminationSex Discrimination [continued]

In 1873, the Court had its first case in which sex sex discrimination was challengeddiscrimination was challenged. In Illinois, the court upheld a state law barring women from practicing law. One justice wrote:

In 1948, In 1948, the court said a Michigan lawthe court said a Michigan law restricting restricting barmaid licenses to wives and daughters of bar barmaid licenses to wives and daughters of bar owners was legal because it preserved the owners was legal because it preserved the morality and morality and innocence of womeninnocence of women..

In 1961, the Court found no fault with a law that required In 1961, the Court found no fault with a law that required men men to serve on juriesto serve on juries but but gave women the choicegave women the choice of serving or of serving or not. In other words, not. In other words, “It is still true that a women’s place is “It is still true that a women’s place is in the home.”in the home.”

GlassGlassceilingceiling

Man is, or should be, woman’s protector and defender. Man is, or should be, woman’s protector and defender. The natural and proper timidity and delicacy of the The natural and proper timidity and delicacy of the female sex evidently unfits them for many of the female sex evidently unfits them for many of the occupations of civil life.occupations of civil life.

The Court looks at things more evenly

now. In 1971, the court for the first time held that a state law was illegal because it discriminated discriminated against against womenwomen.

Sex Discrimination [continued]

In 1977, the court said that treating women differently from men [or vice-versa] is unconstitutional when based on no more than “old notions”“old notions” about women and the “the role “the role typing society has long imposed on women.”typing society has long imposed on women.” Throughout the 70s, the court found a large number of practices that discriminated against women unconstitutional.

The Court struck down an Idaho law that gave automatic preference to menpreference to men over equally qualified women in the appointment of estate administratorsestate administrators.

• The first women’s rights activists usually rose out of the abolitionist movement

Battle for the Vote:• On July 19. 1848, the Seneca Falls Declaration of Sentiments and resolutions was signed calling for an end to “tyranny” over women• 72 years later in 1920, the 19th Amendment was ratified granting women the right to vote, but they had some earlier successes in the states• These early feminist lobbied, marched, protested and engaged in civil disobedience• After the 19th Amendment, women were divided and the feminist movement lost momentum• Many women saw their new right to vote as a vehicle for extending their maternal role into public life• What resulted was public policy focused on “protectionismprotectionism” rather than equality (laws focused on overtime work, long working hours, heavy lifting, etc)• States reinforced family laws (husbands were required to support families, pay child support if divorced, women almost always got child custody)• Protecting the family, hence protecting the moral fabric of the nation was paramount• Few challenged these protectionist policies, but Alice Paul authored the Equal Rights Amendment (ERA) … which most saw as a threat to the family

• About the same time that the Vietnam War protesters mobilized, so did the women’s rights movement• Books like the Feminine Mystique (1963), and groups like the National Organization of Women [NOW] and the National Women’s Political Caucus encouraged women to challenge societal normsReed v. Reed (1971): The Court ruled that any “arbitrary” gender-based classification violated the equal protection clause of the 14th Amendment (no “males are given preference”).Orr v. Orr (1979): Allowed alimony to both men and womenMississippi University for Women v. Hogan (1982): Mississippi University for Women's single sex admissions policy violated the 14th Amendment's equal protection clause… but it could use a system of “medium scrutiny”Craig v. Boren (1976): different drinking ages for men and women a violation of the 14th Amendment's Equal Protection Clause.Stanton v. Stanton (1975): A state may not have higher age of “adulthood” for men and women

• Feminism still persists, as does protectionism… there are 66 million women in the work force (60% of women);61% are married; 31 million are heads of households; 2/3 of women with children are in the workforce.• Protectionism is not dead… but is on the back burnerImportant events for womenImportant events for women::• Civil Rights Act of 1964Civil Rights Act of 1964:: banned gender discrimination in employment• Title IX of the Education Act of 1972Title IX of the Education Act of 1972: forbade gender discrimination in federally subsidized education programs• The Pregnancy Discrimination Act of 1978The Pregnancy Discrimination Act of 1978: sick leave and health benefits must be provided to pregnant women• The Civil Rights and Women’s equity in Employment Act of The Civil Rights and Women’s equity in Employment Act of 19911991:: Hiring and promotion must be equitable And burden of proof is on employer.• Dothard v. RawlinsonDothard v. Rawlinson (1977): No height or weight requirements unless they deal with a particular duty• Other lawsOther laws: no mandatory pregnancy leave; no denial of jobs based on fear of harming unborn child; states and cities may prohibit gender discrimination in business and service clubs.•What About Single Gender Schools? • Title Ix for bids any discrimination in schools that are “publicly funded’”• Therefore, the Virginia Military Institute’s exclusion of women was unconstitutional (1996)… The Citadel followed suit’Female Citadel Cadets

• Women have struggled to get equal pay for equal work (comparable worth) … median annual earnings for women is ¾ of that of men• Not much has been done to remedy the problem, but in 1993 the Washington Supreme Court ruled its state government had discriminated against women by not giving them equal payWomen in the MilitaryWomen in the Military: • Women constitute 11% of the military and their roles have changed greatly over time• In 1975, all of the Service Academies were opened to women • But there are difference… only men must register with selective service• women may not (officially) serve in combat• In 1993 Secretary of Defense Les Aspin opened combat aviation to women. With these new opportunities female pilot numbers are increasing steadily with more and more women completing pilot training.

Meritor Savings Bank v. VinsonMeritor Savings Bank v. Vinson (1986): (1986):claim of "hostile environment" sexual harassment is a form of sex discrimination actionable under Title VII of the 1964 Civil Rights Act. This decision provided a clearer definition of what constituted sexual harassment on the job and under what circumstances the employer could be held liable for the actions of subordinates. Harris v. Forklift Systems, IncHarris v. Forklift Systems, Inc (1993): (1993): The US Supreme Court decided that a plaintiff alleging sexual harassment need not demonstrate any concrete psychological harm. The challenged conduct must be sufficient to create an objectively hostile or abusive working environment -- an environment that a reasonable person would find hostile or abusive. Faragher v. City of Boca RatonFaragher v. City of Boca Raton (1993 (1993): the Court held that an employer is vicariously liable under Title VII of the Civil Rights Act of 1964 for actionable discrimination caused by a supervisor. The Court also held that such liability is subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of the plaintiff victim. Burlington Industries, Inc v. EllerthBurlington Industries, Inc v. Ellerth (1998 (1998): an employee who refuses the unwelcome and threatening sexual advances of a supervisor, yet suffers no adverse, tangible job consequences, can recover against the employer without showing the employer is negligent or otherwise at fault for the supervisor's actions.

• Davis v. Monroes County Board of Education (1999): Court focused on sexual harassment in public schools and found that school districts can be held responsible if the harassment is so pervasive that it interferes with a student’s education• The Tailhook Scandal: In 1991, the 35th annual symposium of aircraft carrier pilots in Las Vegas met. There were some 4,000 attendees, and according to a Department of Defense report, 83 women and 7 men stated that they had been victims of assault and sexual harassment during the meeting.•On October 29, 1991, the Department of the Navy terminated all ties to the association. Although the association co-operated fully.PBS reported:•The careers of fourteen admirals and almost 300 naval aviators were scuttled or damaged by Tailhook.

• • The elderly have fought for rights and entitlements as well. • Social security was enacted in 1935 to supplement retirement income• The elderly are regularly subject to age discrimination in employment, often beginning after age 40• The Congress passed laws banning age discrimination• In 1975, federal funds were withheld from all institutions that discriminated based on age (over 40)• IN 1976, the court did not put age in the “suspect classification” in a upholding a requirement that 50 year police officers retire (was a “basic test”)• Reeves v. Sanderson (2000):Reeves v. Sanderson (2000): evidence of employers bias , combined with sufficient evidence to find that the employee's justification is false, may permit juries and judges to conclude that an employer unlawfully discriminated

• The first rehabilitation laws came about as a result of WWI, designed to help veterans• The Rehabilitation Act, which would have also helped those with disabilities with access issues and employer discrimination.. It was vetoed by Richard Nixon twice as “too costly”• The Education of All Handicapped Children Act of 1975 allowed all children with disabilities access to education.• The Americans with Disabilities Act (ADA) further prohibited discrimination and also required employers to make “reasonable accommodations” for disabled employees• In 1998, the Court ruled that the ADA offered protections those with HIV/AIDS• In 1999, the Court ruled that those with high blood pressure or a vision impairment are NOT to be considered disabled if their condition can be controlled or corrected by medication or glasses• Most Americans support such protections of the disabled, but politicians often oppose these measure due to their incredible costs

1. A Utah law that made fathers pay child support until the son was 21, but until the daughter was only 18. [1975]

2. An Oklahoma law that prohibited the sale of beer to males under 21 and to females under 18. [1976] So it isis unconstitutional to do this.

3. A provision in the social security law giving widows higher benefits than widowers (1977) and another giving benefits to families with unemployed fathers but not to those with unemployed mothers. (1979)

4. A New York law that allowed an unwed mother, but not an unwed father, to block the adoption of her infant children. [1979]

5. An Arizona law permitting public employee retirement plans providing for smaller pensions for women than for men who paid same premiums. [1983]

Justice William Brennan said:

Other Unconstitutional Sex-Based Rulings

There can be no doubt that our nation has had a long and unfortunate history of sex discrimination. Such discriminationwas rationalized by an attitude of “romantic paternalism”which, in practical effect, put women, not on a pedestal, butin a cage.

These two sex-based distinctions are constitutional.1. An Alabama law that does not allow women to serve as prison guards in an all male penitentiaries [1977].2. The selective service law that requires men but not women to register for the draft [1981] is constitutionalconstitutional.3. So laws that treat sexes differently maymay be upheld if they meet certain criteria.

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From 1880 – 1950, no meaningful civil rights act was passed, due to SouthernSouthern Democrats in Congress blocking any such legislation.

MLK said, “Laws may not change the heart, but they can restrain the heartless.”

1.1.Civil Rights Act of 1957Civil Rights Act of 1957 – set up U.S. Civil Rights Commission which was to inquire into claims of voter discrimination, and report this to the president, congress and the media. This act also gave the attorney general the power to seek injunctions [federal court orders] to prevent interference with any person’s right to vote in federal elections. Strom Thurman filibustered this bill for a record, 24 hrs,18 minutes, longest in Senate history. The bill still passed.

2. 2. Civil Rights ACivil Rights Act of ct of 19601960 – providing – providing for thefor the appointment of appointment of federal voting referees. They were to serve anywhere a federal court federal voting referees. They were to serve anywhere a federal court found voter discrimination. They were given the power found voter discrimination. They were given the power to help to help qualified voters to register and to vote in federal elections.qualified voters to register and to vote in federal elections.

These two acts set up modest safeguards to vote.These two acts set up modest safeguards to vote.

3. 3. Civil Rights ActCivil Rights Act of of 19641964 – – [most important-had teeth][most important-had teeth] much much broader measure. It outlaws discrimination in several areas, especiallybroader measure. It outlaws discrimination in several areas, especially in in job-related matters. It forbid the use of any registration requirementjob-related matters. It forbid the use of any registration requirement in in an unfair or discriminatory manner. No literacy test if you completed an unfair or discriminatory manner. No literacy test if you completed 66thth grade and you could still vote if there were minor errors in grade and you could still vote if there were minor errors in the application form. the application form. Violation of this actViolation of this act meant federal fundsmeant federal funds couldcould be cut be cut off.off.

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• The Civil Rights Act of 1964 outlawed, under certain circumstances, discrimination based on race, color, religion, sex, or national origin.• Originally conceived to protect the rights of black people, the bill was amended prior to passage to protect the civil rights of everyone, & explicitly included women for the 1st time.• In order to circumvent limitations on the federal use of the equal protection clause handed down by the Civil Rights Cases, the law was passed under the interstate commerce clause.• It is a common misconception to think that this act transformed Southern society overnight. However, once it was implemented, its effects were far reaching and had tremendous long-term impacts on the whole country:• racial discrimination was illegal in hotels, motels, restaurants, and other places of public racial discrimination was illegal in hotels, motels, restaurants, and other places of public accommodationaccommodation• forbade discrimination in forbade discrimination in employment on race, color, national employment on race, color, national origin, and genderorigin, and gender• created Equal Employment created Equal Employment Opportunity Commission (EEOC)Opportunity Commission (EEOC)• Ordered withholding of funds Ordered withholding of funds from states that have discriminatory from states that have discriminatory policiespolicies• strengthened voting rights strengthened voting rights legislationlegislation• authorized the Justice departmentauthorized the Justice departmentto initiate law suits to desegregate to initiate law suits to desegregate schools and facilitiesschools and facilities

4. Voting Rights Act of 1965Voting Rights Act of 1965 - this act made the 15th Amendment [The right to vote should not be denied based on race, color, or previous condition of servitude] a truly effective part of the Constitution. It applied to all elections held anywhere in the country-state, local, and federal.

This 1965 law directed the attorney general to attack the constitutionality of the remaining poll tax laws. It also suspended the use of any literacy test or similar device in any State or county where less than half of the electorate had been registered or had voted in the 1964 elections. Federal officers were given the power to register voters and oversee the conduct of elections.

This law also said no new election laws can go into effect in any of those states unless first approved by the Department of Justice.

This law has been extended 3 times in the Voting Rights Act amendments of 1960, 1975, and 1982.

In many southern areas, literacy tests were used to literacy tests were used to discriminate against blacksdiscriminate against blacks. Some States required applicants to demonstrate that they understood the national and State constitutions. Although poor whites often avoided registration out of fear of embarrassment from failing a literacy test, the tests were more often used to discriminate against blacks.

Whites were often asked simple questionsWhites were often asked simple questions while blacks were asked blacks were asked questions that would baffle a Supreme Court Justicequestions that would baffle a Supreme Court Justice. “In the 1960s southern registrars were observed testing black applicants on such matters as the number of bubbles in a soap bar, the news contained in a copy of the Peking Daily, the meaning of obscure passages in state constitutions, and the definition of terms such as habeas corpus.”

In Louisiana, 49,603 illiterate white voters were able to persuade election officials they could understand the Constitution, but only two illiterate black voters were able to do so.

5. Civil Rights Act of Civil Rights Act of 19681968 [“Open Housing Act”]–forbids anyone to refuse to sell or rent a dwelling to any person based on race, color, religion, national origin, etc. In 1988, congress strengthened this law by allowing the justice Department to bring criminal charges against those who violate its terms.

6. Voting Rights Act of 1970Voting Rights Act of 1970 – extended the voting rights laws for another 5 years. It said that for five years, no State could use literacy as the basis for any voting requirement.

7. Voting Rights Act of 1975Voting Rights Act of 1975 – the law was extended for 7 more years. The 5-year ban on literacy test became a permanent one, and the law’s voter-examiner and pre-clearance provisions were broadened. In States with sizable minorities (TX), all ballots and official election materials must be printed both in English and the language of the minority, or minorities, involved. In 1992, this language-minority provision was revised to apply to any community that has a minority-language population of 10,000 or more persons.

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FocusFocus1. Importance 1. Importance of theof the Civil Rights l Civil Rights laws passed sinceaws passed since 1957. 1957.2. reasons for adopting affirmative action.2. reasons for adopting affirmative action.3. Arguments for and against affirmative action.3. Arguments for and against affirmative action.4. Impact and significance of Martin Luther King, Jr.4. Impact and significance of Martin Luther King, Jr.

Several methods were employed early in the struggle to end segregationend segregation. Among these were “sit-ins”“sit-ins” [sit-in at a restaurant lunch counter that served only whites] boycottsboycotts, and marchesmarches. The most important leader was Martin Luther King, Jr.Martin Luther King, Jr. He led many of the marches and demonstrations.

Since 1957, Congress has passed a number of Civil Rights lawsCivil Rights laws – most notably. The Civil Rights Acts of 1957, 1960, 1964, 1968, and the Voting Rights Acts of 1965, 1970, 1975, and 1982. All of these were designed to improve equalityimprove equality.

The Civil Rights acts of 1957 and 1960Civil Rights acts of 1957 and 1960 set up modest safeguards for the right to voteright to vote.

Civil Rights Act of 1968Civil Rights Act of 1968 is often called the Open Housing ActOpen Housing Act. It forbade racial discrimination in the sale and rental of houses or apartments.

Rosa ParksRosa Parks – “Mother of civil rights – “Mother of civil rights movement”movement”In 1955, in Montgomery, Alabama, Ms. Parks refused to give up her seat on a segregated city bus to a white man. She was arrested for violating the city law calling for segregated seating on buses, and for blacks to give up their seats to whites when buses became filled with passengers.The black community in Montgomery responded by

boycotting the city bus system, refusing to ride the buses as long as they continued to be racially segregated. Martin L. King, Jr., led the Montgomery bus boycott. The boycott did succeed in integrating the city bus system.

This was the beginning of the civil rights movement. Segregation was on its way out.

On the evening of December 1, 1955, Rosa, a seamstress, was asked by a white bus driver to abandon her seat for a white man who entered the bus. When she quietly refused, the driver threatened to call the police unless she gave up her seat. She calmly replied, “Go ahead them.” By the time police arrived, the driver was very angry, and insisted she be arrested. She was taken to the police station and finger printed.

Word of her arrest spread quickly. On Dec. 5, prominent members of the Montgomery black community decided to take a stand against segregationstand against segregation. The boycott would continue until the bus segregation laws were changed. 70% of bus passengers were black.

The boycott lasted 382 daysboycott lasted 382 days, causing the bus company to lose a vast amount of money. The next year, the Supreme Court ruled the Montgomery segregation law segregation law illegalillegal. Other cities followed Montgomery’s example.

On August 30, 1994, the nation was stunned to learn that 81-year old Rosa 81-year old Rosa had been assaulted in her homehad been assaulted in her home. Joseph Skipper, an unemployed black, broke into her home, hit her repeatedlyhit her repeatedly, and stole $53 from stole $53 from herher.

FFuneral uneral PProcession for rocession for Rosa Parks Rosa Parks - - 20032003Behind the fleet of motorcycles, instead of three limousines, there were three city buses. The first one was the 1957 bus1957 bus that carried Rosa. The second two carried the entourage.

Affirmative ActionAffirmative Action requires employees to take positive steps [affirmative action] to remedy the effects of past discrimination against women, and minority groups. Particularly in employment and education. The federal government begin adoption of these programs in 1965.

The programs werewere designed to make the work force reflect the general population of the community.

Consider the black man who, for no reason of his own making, did not get a decent education and today cannot get a decent job.

In 1939, a new high school was built in Virginia. It was to be a school for blackStudents. It had no auditorium, no lunchroom, no gym, and no usable locker rooms. Because there were not enough classrooms to handle the number ofstudents every room in the school overflowed with students. The textbooks used were torn and tattered. Rusty, dilapidated buses picked up the students who lived far from the school. White students went to a superior high school with great facilities and equip-ment. The black students were forced to accept these second-rate conditions.The Brown decision declared that segregation of public schools, like this one,in Prince County, Virginia, was illegal. It called for school districts that segregated students by race to integrate their schools.

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All All employers who receive federal fundsemployers who receive federal funds [employers

who hold government contracts] are required to adopt affirmative action programs. This policy covers nearly all of the nation’s major employers.

Ex: A typical employer must make its work force reflect the reflect the general makeup of the population in its localegeneral makeup of the population in its locale. It must employ so many women, so many blacks, and so many Hispanics. Its program includes steps to correct or prevent inequalities in pay, promotions, and fringe benefits.

The response of the Supreme Court to affirmative action programs can be described as restrictiverestrictive.

This has meant hiring and promoting minorities/females, even when better qualified white males are available.

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1. Supporters say some form of preferential treatment is necessary to break down long-break down long-standing patterns of discrimination against standing patterns of discrimination against women women and and minoritiesminorities. Otherwise, members of such groups would be at a disadvantage disadvantage when competing with white maleswhen competing with white males, who have not suffered discrimination as a group in the past.

2. Critics say this amounts to REVERSE REVERSE DISCRIMINATION DISCRIMINATION. It demands that preference be given to preference be given to females/and or nonwhitesfemales/and or nonwhites solely on the basis of race or sex, and without regard to individual merit. It puts whites under whites under the same kind the same kind of discriminationof discrimination that women and minorities are subjected to. Critics also say setting quotas is wrong. QUOTAS violate the principle of equal violate the principle of equal opportunity for allopportunity for all.

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Affirmative ActionAffirmative Action began as a corrective measure for governmental and social injustices against demographic groups that have been said to be subjected to discrimination in areas such as employment and education. • The stated goal: to counteract past and counteract past and present discriminationpresent discrimination sufficiently that the power elite will reflect the demographics of society at large, at which point such a strategy will no longer be necessary.• Numerical quotasNumerical quotas have been the most controversial element of Affirmative Action• Some state governments adopted Affirmative Action programs and later the federal government mandated all state and local governments (and their institutions) implement Affirmative Action programs.

• One AA program was introduced at UC Davis Medical School where 16 places out of 100 were put aside for disadvantaged groups• One student who was rejected and took issue with the policy was Allan BakkeBakke, a Viet Nam vet who had been a top student at Stanford.• He was particularly upset to learn that the students under the AA program scored in the 46th percentile on the verbal scores and 35th percentile in science… Bakke had scored in 96th and 97th respectively.

Regents of the University of California v. Regents of the University of California v. BakkeBakke (1978): (1978): He charged the school with reverse discrimination, because it had set aside 16 seats out of 100 en each year’s entering class for nonwhite students, and had filled that quota with several nonwhites less qualified than Bakke. The Court ruled 5-4 that while affirmative action systems are constitutional, a quota system based on race is not. The University could use race as one element weighed against other elements. They ruled that Bakke had been denied equal protection and should be admitted. A strict quota system based on race was unconstitutional and in violation of the 1964 Civil Rights Act. It created a category of admissions from which whites were excluded solely because of their race.United Steelworkers Union v. Brian WeberUnited Steelworkers Union v. Brian Weber (1979): (1979): Conversely, in the U.S. Supreme Court held that an employer could grant preferential treatment to racial minorities under a private, voluntary affirmative action program. Affirmative action is a concerted effort by an employer to rectify past discrimination against specific classes of individuals by giving temporary preferential treatment to individuals from these classes when hiring and promoting until true equal opportunity is achieved. Kaiser had reserved ½ of all new positions to minorities as there had been virtually no blacks previously. Brian Skinner lost out even though he had more seniority. He sued for reverse discrimination. The Court ruled 5-4 against Skinner. Quotas were OK in this case as they were trying to overcome manifest racial imbalances.

Allan Bakke, a former NASAengineer becomes a doctor.3636

• Adarand Constructors v. Peña (1995):Adarand Constructors v. Peña (1995): Case dealing with set set aside quotas for minority owned firmsaside quotas for minority owned firms. Racial classifications, imposed by whatever federal, state, or local government actor, must be analyzed by a reviewing court under a standard of "strict scrutiny," the highest level of Supreme Court review (such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests).

•Justice John Paul Stevens also dissented arguing the Court had a convoluted perception of equality. • Most Americans oppose set asideAmericans oppose set aside programsprograms…may suggesting it is merely reverse discrimination

• Justice Ruth Bader Ginsburg had a strongly written dissent arguing that the US’s had to allow suitably tailored programs to reverse the lingering effects of our nation's past racial discrimination

The court has upheld quotas in some later cases when they helphelp overcome effects of overcome effects of longstanding biaseslongstanding biases, but has said affirmative action programs may not set racial quotas [specific numbers], and my not exclude white applicants just because they are white.

In 1980, the court said a “minority set-aside”“minority set-aside” provision [10%] was was a permissiblepermissible attempt to overcome the effects of long-standing discrimination in the construction industry.

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“Thanks for coming in. It’s such a relief to be able to deny someone a loan when there’s no possibility of being charged with sex, race, age, or ethnic bias.”

In 1984, in Memphis, budget problems forced the layoff of a layoff of a number of firefightersnumber of firefighters. To preserve racial balance, the department fired some white officers with more seniority than some blacks whose jobs were saved. The court said the “Last hired, first fired”“Last hired, first fired” seniority policy would stand.

So, job seniority took precedencejob seniority took precedence over court ordered affirmative action.

In 1986, in Cleveland, the court said a city can, for a limited time, promote one black firefighter for promote one black firefighter for every whiteevery white who received a promotion in its fire department.

In recent years the Court has made it more difficult to prove discrimination by putting the burden of proof on the burden of proof on the employeeemployee.3838

FocusFocus1. How to acquire citizenship1. How to acquire citizenship2. Our policy of immigration2. Our policy of immigration3. Problems associated with illegal aliens3. Problems associated with illegal aliensThe 14The 14thth amendment says a person may amendment says a person may become a citizen either by birth or naturalization.become a citizen either by birth or naturalization.

Citizenship by birth is determined by:Citizenship by birth is determined by:1. 1. JusJus solisoli (soo lee) –where born (the Law of the soilLaw of the soil)

BirthBirth in the 50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, & the Northern Mariana Islands. It includes all American embassies, public vessels and aircraft.

Babies born to foreign diplomatsborn to foreign diplomats on U.S. soil are not U.S. citizenson U.S. soil are not U.S. citizens [not considered born on U.S. soil]

U.S. v. Wong Kim Ark, 1989 – established that a person born to two person born to two Chinese citizens living in the U.S. Was a native-born citizenChinese citizens living in the U.S. Was a native-born citizen.

2. JusJus sanguinissanguinis (sang qui nus) – to whom born [the Law of the blood]

A child born abroad is an American citizenborn abroad is an American citizen if one of his parents is an American citizen and has lived in the U.S. in the past for 10 years.

Einstein becomes a naturalized citizen in 1940

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NaturalizationNaturalization – – legal process legal process by which aby which a citizen of another country becomes a citizen of another country becomes a citizen.citizen.Naturalization Naturalization can can occur 3 waysoccur 3 ways (naturalized citizens)(naturalized citizens)

1.1. ActAct of of CongressCongress – 1924 [Indians], 1900 [Hawaii], 1917 [P. Rica], 1927 [Virgin Islands],1950 [Guam], 1868 [African-Americans] [14th Amendment], 1977 [N. Mariana] [16,000 people].

2. Treaty Treaty – 1803 [Louisiana Purchase], 1819 [Florida], 1867 [Alaska, 1845 [Texas].

3. Individual ActionIndividual Action – about 250,000 aliens become naturalized citizens each year.

Requirements for NaturalizationRequirements for Naturalization

1. Have entered the U.S. legallyentered the U.S. legally, lived here for 5 years and in some State for 3 months and be 18 years old.

2. File a petition for naturalization.

3. Be literate in Englishliterate in English and be of good moral charactergood moral character.

4. Have a knowledge and understanding of our form of governmentunderstanding of our form of government.

5. Take an oath to “support and defend the constitution.”oath to “support and defend the constitution.” [Each applicant is investigatedinvestigated]

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The three ways to lose your citizenship are:The three ways to lose your citizenship are:1. Expatriation – [from fatherland (patria)]. You can be

banished from your native country if you become a naturalized citizen of another country or if you renounce your American citizenship to the government.

2. Commit a crimecrime.

3. DenaturalizationDenaturalization –can lose citizenship if he becomes a citizen by fraud or deception.

Citizenship is neither gained nor lost by marriage. Marriage can shorten the time it takes.

A NationA Nation of of ImmigrantsImmigrants – over 80 million have come here since 1820.

Congress has the exclusive power to regulate immigration.

The Chinese Exclusion Act of 1882Chinese Exclusion Act of 1882 was the 1st major restriction on immigration [a list of 30 undesirables was added to this list by 1920) [convicts, lunatics, paupers, contract laborers, immoral persons, anarchists, and illiterates]

Some people had to wait at Ellis IslandEllis Island for months, the major immigration center, while their admissibility was checked.

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• Undocumented aliens are those who have entered the U.S., but have nothave not adhered to legal procedures.

• The first 100 years, we let anyone come in but since 1882, we have tightened up.

• Over the decades our immigration policy has been marked by a desire to exertexert careful control over who can enter the U.S.

• Immigration Act of 1965Immigration Act of 1965 –used to be the main immigration law. Today it is the 1990 Act.

• 1. Eliminated the country-by-country quota system.• 2. As many as 270,000 immigrants could be admitted each year without regard

to race or country or origin.• 3. Not more than 20,000 may come from any one country.• 4. The law favored relatives of citizens and other aliens with special

occupational talents.• Immigration Act of 1990Immigration Act of 1990–basic immigration law of today. [modified in 96]

• 1. Sets an annual ceiling of 675,000.• 2. Short supply occupations [up to 140,000] get preference [engineers, scientists]• 3. As many as 100,000 political refugees are allowed in. There has to be well founded

fears of persecution. They can become residents after one year.• 4. 70% of permanently admitted aliens come under the “family reunification preference.”• 5. Among those who cannot come are: criminals, drug abusers & addicts, illiterates,

persons with communicable diseases, and mentally disturbed persons.

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• Over 25 million nonimmigrant’s25 million nonimmigrant’s come here annually for temporary stays. They include touriststourists, about 500,000 foreign students500,000 foreign students who spend $13 billion a year here on tuition, and people traveling for business reasonsbusiness reasons.

““I’m being I’m being deported deported out of theout of thecountry.”country.”

• DeportationDeportation – legally required to leave [deport] the

U.S. Grounds for deportation:• IIllegal entryllegal entry [hundreds of thousands each year]• Conviction of a serious crimeserious crime [particularly narcotics violators]

• Acts of disloyaltydisloyalty

• Most jobs held by illegal aliens are unskilled and low-paying.

• Many employers were hiring them because they would work for substandard conditions. Since 1986, it is illegal to hire illegal aliens. An employer can be fined $250-$1,000. Repeat offenders-jailed up to 6 months. Crime to hire one.

• 1996 Immigration Law1996 Immigration Law – toughened penalties for smuggling aliens. It prevented them from claiming Social SecuritySocial Security, public housingpublic housing, or welfarewelfare. Border Patrol was doubled to 10,000.

• IIllegalllegal [Undocumented] AliensAliens – there are 4-6 million each year. Most come here for economic reasons. Most who come here return within 2 years. In 10 years, 70% return.

• Most come from Canada or Mexico. [forged papers or slip across border]

• About 1 million are sent back each year [about 1/3 are repeaters – some several times in the same year.

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Current Immigration Reform Being Debated

• Border Security .Border Security . The number of border patrol agents would double, to 28,000, and the 370 miles of border fence and 200 miles of steel-and-concrete vehicle barriers would increase. A fraud-proof system to verify legal status would be created-and employers who still hire illegal’s would face fines of up to $75,000 plus jail time.

• Legalization.Legalization. After those security measures kicked in, people who were in the U.S. illegally before 2007 could register for a “Z” visa. In 8 years, having paid at least $4,500 in fines and fees (for one person) and learned English, Z holders would return home to apply for their green cards.

• Guest Workers.Guest Workers. At least 200,000 2-year “Y” visas would be issued annually. Workers could re-up if they left for a year and bring family if they had health insurance and earned 150 times the poverty level.

• Point System.Point System. A new formula puts skills over family bonds: employment criteria would be worth 50%, education 25%; English skill 15% and family ties 10%. Citizens’ spouses and minor children could still get in on the basis of family.

• Amendments. Amendments. Proposed changes have included making English the national language, sending immigrants home right away to register for Z visas and keeping illegals caught at the border in jail.

Note Sheet – Civil Rights Review – Chapter 21Note Sheet – Civil Rights Review – Chapter 211. Over time, the U.S. population has become (less/more) diverse [heterogeneous].2. Historically, white Americans have allowed minority groups to accept their equality with (little/much) reluctance.3. Major gains toward equality of the races have come about largely on behalf of (women/native Americans/African Americans).4. The Native American population dropped (drastically/very little) after the arrival of Europeans because of disease and warfare.5. The Chinese Exclusion Act of 1882 was the result of prejudice against (Europeans/Asians).6. The (African/Native/Asian) Americans are the fastest–growing minority group in the nation.7. The largest of the groups that make up the Hispanic American community are the (Cubans/Puerto Ricans/Mexicans).8. A major reason women receive 80 cents for every dollar a man receives is that only (low-paying/high-paying) jobs have traditionally been open to women.9. On the issue of equality, the Constitution says that (some persons/no person) can be denied equal protection of the laws.10. (No/Some) distinctions such as those based on committing crimes or being underage are acceptable.11. The Rational Basis Test [which ask, “Does the Classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?”] (is/is not) used to determine the validity of laws that discriminate between groups of people.12. The Strict Scrutiny Test [requires the State to prove that some “compelling governmental interest” justifies the distinctions it has drawn] made it (more/less) difficult for States to pass any laws that deprive any group of fundamental rights.

13. The Strict Scrutiny Test says you cannot classify persons based on national origin, sex, or (criminal record/race/smokers).14. Racial segregation laws called ______ ________ laws were aimed specifically at (Native/Asian/African) Americans.15. The (Roe v. Wade/Miranda v. Arizona/Plessy v. Ferguson) upheld the “separate-but-equal doctrine.16. The decision that ended legalized segregation in the public schools was (Roe v. Wade/Plessy v. Ferguson/Brown v. Topeka Board of Education).17. After the 1954 Brown v. Board of education decision, it (quickly/very slowly) brought about integration of schools in the U.S.18. (De Facto/De Jure) Segregation is segregation that is a result of law, with legal sanction.19. (De Facto/De Jure) Segregation is segregation that results from housing patterns and the practice of assigning students to neighbor schools.20. In the North, there were no segregation laws but (De Facto/De Jure) segregation was common.21. In Swann v. Charlotte Meckleburg Board of Education (1971), the Court said busing (could/could not) be used to integrate urban schools.22. One reason women have been discriminated against in the past is that the men who held power chose to view them as (inferiors/superiors).23. The Court has said it (is/is not) unconstitutional to exclude women from jury duty.24. It (is/is not) unconstitutional to prohibit the sale of beer to males under 21 but to females under 18.

Jim CrowJim Crow

25. Sex based distinctions are (constitutional/unconstitutional) when we say that men can be drafted but women can not be drafted.26. Laws that treat men and women differently (may/may not) be upheld if they meet certain criteria.27. No significant civil rights legislation was passed between 1880 and 1957 because (Southern/Northern/Western) Democrats in Congress blocked any such legislation.28. The Civil Rights Act of (1957/1960/1964/1968) was called the “Open Housing Act.”29. The Civil Rights Act of (1957/1960/1964/1968) forbade employers to discriminate based on race, color, religion, or national origin.30. Violation of any provision of the Civil Rights Act of 1964 meant federal funds (could/could not) be cut off.31. ____________ ________ programs are intended to make up for past discrimination.32. Affirmative Action Programs (were/were not) designed to make the work force reflect the general population of the community.33. Affirmative Action Programs must be adopted by (some/all) public and private employers who receive federal funds.34. The response of the Supreme court to affirmative action programs can be described as (fully supportive/non supportive/restrictive).35. Critics of “minority set-asides” charge that giving preference to minorities is a form of __________ ___________________.36. The first major challenge (1978) to affirmative action was the ________ decision.37. The Court has upheld quotas in cases where they (help/don’t help) overcome effects of longstanding biases. These programs (may/may not) set racial quotas [specific numbers] and may not exclude white applicants solely on the basis of being white.

Affirmative ActionAffirmative Action

Reverse DiscriminationReverse DiscriminationBakkeBakke

38. In recent years, the Court has made it more difficult to prove discrimination by putting the burden of proof on the (employer/employee). Citizenship is determined by either of the next two methods.39. (jus sanguinis/jus soli) – a person born in the U.S. is automatically a citizen.40. (jus sanguinis/jus soli) – a child born abroad to an American citizen is automatically a citizen.41. (Denaturalization/naturalization/Expatriation) is the legal process by which a citizen of another country becomes a citizen of the U.S.42. Requirements for naturalization include legal entry into the U.S., literacy in the English language, understanding of the history and government of the U.S., and (an employable skill/filing a petition for naturalization). 43. (Denaturalization/Naturalization/Expatriation) is loss of citizenship.44. (Denaturalization/naturalization/Expatriation) is when a person looses his citizenship if he became a citizen by fraud or deception.45. Undocumented aliens – thousands who enter the U.S. legally or illegally, but (have/have not) adhered to legal procedures.46. Over the decades, our immigration policy has been marked by a desire to (exert/not exert) careful control over who can enter the U.S.47. (Denaturalization/Naturalization/Deportation) is being legally required to leave [deport] the U.S.