Civil Rights

1. Civil Rights Chapter 5

2. Civil Rights & US Constitution • Defined: policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals • The US Constitution originally mention nothing about equality or civil rights, only implications of it in the bill of rights • Later, the 14th amendment mentions “no deny of equal protection of law”, however it was interpreted very narrowly until about the Civil Rights movement, 14th amendment has a 3 level analysis called ‘Standards of review” to determine real discrimination or not w/usage of 14th: • 1. reasonable: bear a rational relationship to some legit govt. purpose • 2. inherently suspect: dealing with racial or ethnic discrimination must prove “compelling public interest” • 3. somewhere between: gender discrimination, bear substantial relationship to an important legislative purpose

3. Different eras of Civil Rights & public policy achievement of each era • Slavery –end of Civil War: 1607 to 1865 • Scott v. Sanford: nullification of Missouri Compromise, declaring slaves property and giving owner right of traveling through free or slave states • Abolition movement: the beginning of anti-slavery movement • 13th Amendment: ban of all slavery & involuntary servitude • Reconstruction & resegregation: 1865 to 1954 • Amendments 14 & 15 • Jim Crow laws and segregation due to a promise made by Rutherford B. Hayes to southern voters • Plessy V. Ferguson (1896): upholding “Separate but equal” • Civil Rights: 1954 until 1980s • Brown v. Board I & II Voting Rights Act of 1965 • Civil Rights Act of 1964 http://www.youtube.com/watch?v=bX_S7y_iiMg

4. Similarities between African American and Women’s fight to vote • One grew out of the other (women out of African American) • Both had prominent figures backing it: Frederick Douglas & Susan B. Anthony • Both tried through states, congress, president & courts • Both finally successful to degrees and managed amendments to the constitution 13, 14, 15, & 19 • Both faced struggles even after changes: • Af. Am. Faced voting restrictions, segregation, discrimination, prejudice • Women: still seen as nurturers, not supposed to want to vote, leave to their male husband, father, brother etc… • http://www.youtube.com/watch?v=Ilrd0NPxuYA

5. Policies as result of women’s movement for equal rights/Comparable worth • 19th: Beginning - 1920to obtain the right to vote, result of abolitionist movement • The “Doldrums”: 1920-1960 protectional policies where women were protected rather than allowed to fight for rights, no overworking women, no competition for men jobs, the stereotype of women in traditional setting was the norm, but Equal Rights Amendment idea born, but still not serious • The Second feminist wave: began with Civil Rights movement again, series of court cases (Reed v Reed & Craig v Boren) in 1970s declared gender discrimination is violation of equal protection of 14th • Women in workplace: Civil Rights Act 0f 1964, Pregnancy discrimination Act of 1978, Civil Rights & Women’s Equity in Employment Act of 1991 all protected the status of women in the work place

6. Policies Women’s Movement cont… • Wage Discrimination & Comparable Worth: the idea that women should be make same money for jobs requiring comparable skills, right now women make .78c on every $ a man makes, however, Congress has never really moved on this concept, and Supreme Court has never made a ruling (update: signing of Lilly Ledbetter Act 2011) • Military: women’s numbers rising since 1975, more in each branch, roles becoming more risky, however, still not allowed in draft, and no ground combat role in Army or Marines (update: combat roles in limited amount) • Harassment: work place harassment is another area that women got protection, in 1986 Sup. CT. made it clear that if work place atmosphere is or perceived to be “hostile or abusive” that would be equal to gender discrimination

7. New Groups under Civil Right umbrella • Elderly: concerned about issues like healthcare, age discrimination employment or and generally matter dealing w/aging • People w/disabilities: direct discrimination such as being denied rehab services, education & jobs, and indirect discrimination: building and codes and making changes • Gay & Lesbian rights: fight against discrimination, health insurance, taxes, social security, hospital visitation rights, marriage, being treated fairly and protected under the law as others

8. Affirmative Action/pros & cons/Sup. Ct. decisions • Defined: efforts to bring about increased employment, promotion, or admission for members of groups who have suffered the efforts of past discrimination. Goal accomplished through special rules in the private & public sector that recruit or promote groups that were previously disadvantaged • Pros: it helps diversify the workplace, it corrects past wrongs, it gives all a chance, • Cons: reverse discrimination, goes against merit, all discrimination is wrong, • Sup. Ct.: in the 1970s & 1980s in favor, but in 1990s and lately not so much anymore, has stated that race can count as one of many factors, but race cannot be the only or determining factor in employment, admission or promotions • http://www.youtube.com/watch?v=hClFP3Gj2w8 • http://www.youtube.com/watch?v=saIVafSC38k