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Chapter 43: Discrimination

Chapter 43: Discrimination. Discrimination. Laws, regulations, amendments, and court decisions are ways which the government has responded to discrimination. Plessy v. Ferguson (1896).

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Chapter 43: Discrimination

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  1. Chapter 43: Discrimination

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

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

  4. Brown v. Board of Education (1954) • Ruled that “separate is unequal” and that public facilities should be desegregated “with deliberate speed.”

  5. 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)

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

  7. 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)

  8. The Rational Basis Test • Using this test, judges uphold a law or practice that treats people differently if there is a rational basis for the different treatment. A rational basis exists when there is a logical relationship between the treatment and the purpose of the law. • Ex: legal age to marry

  9. The Strict Scrutiny Test • Judges apply the Strict Scrutiny Test will find the law or practice unconstitutional unless the state can show that the discrimination serves an important interest and there is no less discriminating way to satisfy the interest. • Ex: rather than making a law against religious animal sacrifices, create a law that makes any animal sacrifices illegal (not just religious ones)

  10. 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

  11. Racism in America • http://www.youtube.com/watch?v=YyL5EcAwB9c • http://www.youtube.com/watch?v=4J8smhhxeeg&feature=related • http://www.youtube.com/watch?v=-eEY0b48da0&feature=related

  12. 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)

  13. 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?

  14. Butler HS

  15. Providence HS

  16. Ardrey Kell HS

  17. West Charlotte HS

  18. Harding HS

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

  20. Affirmative Action • Several methods have been used to increase the number of minorities admitted into educational programs: quotas, goals, and preferences • Regents 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

  21. 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 unions • Biggest Recent Issue: a requirement that a fixed percentage of a publicly funded projects be set aside for minority owned firms

  22. Discrimination in Voting Rights • 15th amendment: cannot be denied the right to vote because of race, color, or previous servitude • What about poll taxes (eliminated by the 24th amendment), literacy tests, and intimidation?? • 19th amendment: women’s suffrage • National 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

  23. Discrimination in Voting Rights • Gerrymandering: drawing Congressional district lines to strengthen the voting power of a particular group of people • NC District 12

  24. Collective Rights • Collective 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.

  25. 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

  26. 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=7rnJbBQCHi4 • http://www.youtube.com/watch?v=n4ltqJ8-FG8

  27. 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

  28. 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 gender • 1963 Equal Pay Act: made it illegal to pay women less money than men for doing the same job

  29. Discrimination Based on Gender • Women use the 14th amendment “equal protection clause” to fight discrimination • The Equal Employment Opportunity Commission (EEOC) is responsible for investigating charges of discrimination • http://www.youtube.com/watch?v=NhVOdsWI88U • http://www.youtube.com/watch?v=iA3vGtMctUU&NR=1

  30. 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 workplace • Quid Pro Quo: “this for that” ex: promotion for sexual favors

  31. 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

  32. Sexual Harassment at School • Sexual Harassment at school includes a teacher against a student, a student against a teacher, or from one student to another • An 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.

  33. Sexual Harassment • http://www.youtube.com/watch?v=jXQTSmeoeV8&feature=related

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

  35. Title IX • http://www.youtube.com/watch?v=WPCAfk5N_lU&feature=fvst

  36. Discrimination Based on Sexual Orientation • People are protesting for equal rights and no discrimination in things such as marriage, employment and housing, and the military • Congress has not passed any laws to protect people based on their sexual orientation (although states have!)

  37. 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.

  38. http://www.youtube.com/watch?v=Tn1kpwGiZsg&feature=related • http://www.youtube.com/watch?v=WmUuH4c_8ng&feature=fvsr • http://www.youtube.com/watch?v=6WdPQbhN4wg&feature=fvsr

  39. 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

  40. 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.

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

  42. 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 barriers • EX: making facilities accessible, modifying training materials, providing interpreters, parking

  43. 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 made • Architectural Barriers Act of 1968: requires all public buildings be made accessible

  44. 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 disabilities • Steering: directing perspective buyers or renters to particular areas because of their race or some other factors

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

  46. 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

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