Chapter 43Chapter 43DiscriminationDiscrimination

AmendmentsAmendmentsAmendments ratified to make equality Amendments ratified to make equality a reality:a reality:

1313thth

1414thth

1515thth

1919thth 2424thth

Key TermsKey Terms Jim Crow Laws: A statute or law Jim Crow Laws: A statute or law

created to enforce segregation in created to enforce segregation in such places as schools, buses, & such places as schools, buses, & hotelshotels

Civil Rights Act of 1964 & 1968: Civil Rights Act of 1964 & 1968: prohibited discrimination based on prohibited discrimination based on race, religion, sex & national origin in race, religion, sex & national origin in employment & housingemployment & housing

Rehnquist Court’s Federalism Rehnquist Court’s Federalism Revolution: a recent term describing Revolution: a recent term describing the Supreme Court’s initiative to the Supreme Court’s initiative to return power to the statesreturn power to the states

What is Discrimination?What is Discrimination? Discrimination: Occurs when Discrimination: Occurs when

some people are treated differently some people are treated differently than others because of their than others because of their membership in a group (i.e. race, membership in a group (i.e. race, age, gender, or religion)age, gender, or religion)

Not all types of discrimination is Not all types of discrimination is unfair or illegalunfair or illegal

Discrimination is an unavoidable Discrimination is an unavoidable result of lawmakingresult of lawmaking

As long as classifications are As long as classifications are reasonable and not in violation of reasonable and not in violation of 1414thth’s Equal Protection Clause’s Equal Protection Clause

Rational Basis TestRational Basis Test Most commonly used in courtMost commonly used in court Judges will uphold a law or practice Judges will uphold a law or practice

that treats some people differently that treats some people differently than others if there is a rational basis than others if there is a rational basis for the differential treatment or for the differential treatment or classificationclassification

Exists when there is a LOGICAL Exists when there is a LOGICAL relationship between the treatment or relationship between the treatment or classification & the purpose of the lawclassification & the purpose of the law

i.e. Laws enforcing legal age to marryi.e. Laws enforcing legal age to marry

The Strict Scrutiny TestThe Strict Scrutiny Test Certain laws discriminate based on Certain laws discriminate based on

race, national origin, citizenship race, national origin, citizenship status, or some fundamental right status, or some fundamental right such as freedom of religionsuch as freedom of religion

Judges will find the law or practice Judges will find the law or practice unconstitutional UNLESS the state unconstitutional UNLESS the state can show that the discriminating can show that the discriminating classigication serves a compelling classigication serves a compelling interest and that there is no less interest and that there is no less discriminating way to satisfy that discriminating way to satisfy that interestinterest

i.e. Fl. Religious Animal Sacrifice i.e. Fl. Religious Animal Sacrifice CaseCase

The Substantial The Substantial Relationship TestRelationship Test

Applied toward Gender Applied toward Gender Discrimination CasesDiscrimination Cases

This test insists that there must This test insists that there must be a close connection – NOT JUST be a close connection – NOT JUST a rational relationship – between a rational relationship – between the law or practice & purpose.the law or practice & purpose.

i.e. Males can not buy beer but i.e. Males can not buy beer but women canwomen can

Potential Limits of Equal Potential Limits of Equal ProtectionProtection

Equal protection cases are Equal protection cases are complicated & controversialcomplicated & controversial

1414thth Amendment ratified in 1868 Amendment ratified in 1868 Generally means that governments Generally means that governments

cannot draw unreasonable cannot draw unreasonable distinctions among different groups distinctions among different groups of peopleof people

Is it only for racial discrimination? Is it only for racial discrimination? African-Americans? All minorities? African-Americans? All minorities? Caucasian included?Caucasian included?

Discrimination Based on Discrimination Based on RaceRace

Most American’s believe that racial Most American’s believe that racial discrimination is both morally & discrimination is both morally & legally wronglegally wrong

In addition to enforcing the In addition to enforcing the antidiscrimination laws, antidiscrimination laws, government faces the perplexing government faces the perplexing dilemma of helping those exposed dilemma of helping those exposed to racial injustice while avoiding to racial injustice while avoiding discrimination against others.discrimination against others.

Remedy: what is done to Remedy: what is done to compensate for an injury or to compensate for an injury or to enforce some rightenforce some right

Discrimination in Discrimination in EducationEducation

Brown v. Bd of Ed: Public school Brown v. Bd of Ed: Public school segregation was declared segregation was declared unconstitutionalunconstitutional

Methods used to desegregate Methods used to desegregate schools: Allowing students to attend schools: Allowing students to attend any school, redrawing neighborhood any school, redrawing neighborhood school boundary lines, transferring school boundary lines, transferring teachers, developing magnet teachers, developing magnet schools & charter schools.schools & charter schools.

i.e. issues regarding busingi.e. issues regarding busing

Affirmative ActionAffirmative Action

Affirmative Action: steps taken to Affirmative Action: steps taken to promote diversity in hiring, promote diversity in hiring, promotion, education, etc. by promotion, education, etc. by attempting to remedy past attempting to remedy past discrimination (i.e. by actively discrimination (i.e. by actively recruiting minorities and women)recruiting minorities and women)

Plans are either voluntary or Plans are either voluntary or mandatorymandatory

Opponents claim “reverse Opponents claim “reverse discrimination”discrimination”

Methods to Increase Methods to Increase Minorities in Educational Minorities in Educational

ProgramsPrograms Quotas: a system that requires a Quotas: a system that requires a

certain number of minority applicants certain number of minority applicants be selected for educational programs be selected for educational programs or jobs. Such a system is generally or jobs. Such a system is generally unconstitutional in government funded unconstitutional in government funded programs programs

Preferences: a method used to Preferences: a method used to increase the number of minorities increase the number of minorities admitted to educational programs and admitted to educational programs and hired for jobs. It involves giving some hired for jobs. It involves giving some advantage to minority applicants.advantage to minority applicants.

Discrimination in Discrimination in EmploymentEmployment Civil Rights Act of 1964, Title VII: Civil Rights Act of 1964, Title VII:

prohibits discrimination in employment prohibits discrimination in employment based on race, color, sex, religion, or based on race, color, sex, religion, or national origin by businesses with more national origin by businesses with more than 15 employees or by labor unions.than 15 employees or by labor unions.

Has been extended to include private Has been extended to include private employersemployers

Purpose is to end discrimination, and to Purpose is to end discrimination, and to remedy the segregation and remedy the segregation and underrepresentation of minorities that underrepresentation of minorities that discrimination had caused in the nation’s discrimination had caused in the nation’s workplaceworkplace

Affirmative Action efforts on decline…Affirmative Action efforts on decline…

Discrimination in Voting Discrimination in Voting RightsRights

Voting Rights Act of 1965: promises Voting Rights Act of 1965: promises equality in the area of political equality in the area of political rights, was designed to help make rights, was designed to help make good the unfulfilled promise of the good the unfulfilled promise of the Civil War AmendmentsCivil War Amendments

Gerrymandering: a traditional way to Gerrymandering: a traditional way to strengthen voting power by strengthen voting power by redrawing voting district lines to redrawing voting district lines to ensure that a particular group of ensure that a particular group of people is included in the same people is included in the same districtdistrict

Should collective rights be Should collective rights be recognized?recognized?

Some believe that a remedy for Some believe that a remedy for discrimination is the recognition discrimination is the recognition of collective rights. of collective rights.

When a society recognizes that When a society recognizes that groups having a common culture, groups having a common culture, racial or ethnic heritage, religion racial or ethnic heritage, religion or language possess rights as a or language possess rights as a group.group.

Opposition believed that such Opposition believed that such collective rights threaten the collective rights threaten the American culture & society.American culture & society.