EQUAL RIGHTS UNDER THE LAWSignificant Litigation and Legislation of the Civil Rights

Movement and the Women’s Right Movement

I. Background of the Civil Rights Movement

A. Main reasons for slow pace--

Early 1900’s, politically dominant white minorities in the South feared competition for jobs, land, living space, so they worked to prevent blacks from organizing politically 

After WWI, many Blacks migrated to the North and West – which created pockets of politically active middle class African Americans who were resistant to prejudice and discrimination. 

White majority at national level did not favor federal action to secure rights (Example: Strom Thurmond’s filibuster)

B. TWO standards used to interpret government treatment of different classes

Reasonableness standard: Government can treat differently based on class if treatment is reasonable, not arbitrary

Strict Scrutiny standard: Distinctions drawn between different groups are naturally suspect, and should be inspected thoroughly to determine if they are truly necessary.

II. Methods Used by the Civil Rights Movement

A. Publicity of oppression, and actions to deny right to vote—changed the politics of Civil Rights. Converted an Interest Group issue into a Majoritarian Issue.

  NAACP changed venue of struggle from Congress to

Supreme Court

B. Litigation– Strategy and Methods used by NAACP in Courts

• Background: Initial interpretation of 14th amendment due process and equal protection protections was very narrow—Plessey decision allowed for different treatment of blacks

3 step process used by NAACP to attack school segregation– (1900’s)• Persuade SC. that major disparity in buildings/teaching is

unequal (Separate black law schools--most obvious)• Even schools with no disparity are unequal (Allow some blacks

into white law schools--Less obvious)• All segregated schools are inherently unequal

III. EMERGING ISSUES AFTER BROWN V. BOARD

A. Challenge to integrate with all deliberate speed

In reality, decision was ignored until late 50’s early 60’s when National Guard was used to integrate schools

Public opinion resisting integrated schools diminished in the 70’s

B. Determining factor for Desegregation Plans:

De jure segregation in the South (by law) clearly unconstitutional

De facto segregation in the North by residential preference -- school boundaries not so clear

C. Bussing Programs Challenged in Court

Swann vs. Charlotte Mecklenburg School District:GUIDELINES FOR FEDERAL COURT INTERVENTION:School system must have intended to segregate

Single-race school creates a presumption of intent to discriminate

Remedies may include bussing-- and re-drawing of district lines

Not every school must reflect racial composition of community

Affirmative Action Issues– Should Government Aim for Equality of Opportunity or Equality of Results?

IV. Affirmative Action Perspectives

A. Equality of Results-- Equal rights not enough.

Affirmative action necessary to correct history of prejudice and discrimination-- level the playing field recognizing that geography and income disparity often determine the fate of even the hardest working minority student

OR – Consider

B. Equality of Opportunity—

Affirmative Action programs create reverse discrimination.

All laws should be color blind. Individual initiative and personal responsibility determine success or failure in America.

TODAY’S TREND: PUBLIC SUPPORT FOR COMPENSATORY ACTION (help to catch up) BUT NOT PREFERENTIAL TREATMENT

V. LEGISLATION—Strategy of the NAACP and Results

A. Strategy-- first mobilize (create) public opinion w/ freedom rides/voter registration drives-- efforts of black communities-- sit-ins and bus boycotts using non-violent civil disobedience—

Mixed results-- CR on agenda, but violent backlash seen as criminal response

B. HISTORICAL DEVELOPMENTS THAT INFLUENED CONGRESS:

Segregationist violence and tactics widely shown in media

JFK assassination-- LBJ election seen as mandate to continue JFK’s CR goals (Overwhelming Dem majority elected to Congress)

C. Resulting legislation

CR Act 1964– bans discrimination in public accommodations and employment

VR Act of 1965– Authorizes appointment of federal examiners to oversee elections in areas of historical discrimination

Fair Housing Act of 1968– No discrimination in selling of property when sale is completed through a broker

VI. Issues Re: Women’s Rights

A. Equal Pay for Equal Work: No gender discrimination in employment is allowed

B. Discrimination claims are resolved in the middle ground, different treatment is ok, as long as it’s not arbitrary.

Single sex (all girl schools) are legal, not considered segregated

Statutory Rape laws that treat girls and boys differently are constitutional

C. Sexual Harassment

2 illegal types

Quid pro Quo-- It is illegal to request sexual favors to secure employment or a promotion. Employer liable even if unaware of request for favors.

Hostile Work Environment-- Any work environment that becomes hostile due to obscene jokes or sexual teasing. Employers are liable/negligent– if they are aware of the claim and do not act to correct/ punish the misconduct.