Equal Rights Struggling Toward Fairness Chapter 5 Struggle

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Equal Rights: Struggling Toward Fairness Chapter 5

Equal Rights: Struggling Toward Fairness Chapter 5

Struggle for Equality l African Americans l Brown vs. Board of Education of Topeka

Struggle for Equality l African Americans l Brown vs. Board of Education of Topeka (1954) l Black civil rights movement l March on Washington, 1963 l Civil Rights Act (1964) and Voting Rights Act (1965) l Aftermath of the civil rights movement l Discrepancies in convictions and sentencing l Movement into political office © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 2

Struggle for Equality l Women l Legal and political gains l Title VII of

Struggle for Equality l Women l Legal and political gains l Title VII of the Civil Rights Act (1964) l Title IX of the Education Amendment (1972) l Job-related issues l Family leave l Comparable worth (gender pay equity) l Sexual harassment © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 3

Struggle for Equality l Native Americans l Suits to regain land l Negative discrepancy

Struggle for Equality l Native Americans l Suits to regain land l Negative discrepancy in health, wealth, and education l Hispanic Americans l Legal and political action: Cesar Estrada Chavez, (1927 -1993) l Guest workers l Growing political power (Democratic leanings) © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 4

Struggle for Equality l Asian Americans l Long tradition of immigration restriction, ended 1965

Struggle for Equality l Asian Americans l Long tradition of immigration restriction, ended 1965 l Over 12 million Asian Americans l Emphasis on academic achievement in Asian American communities l Upwardly mobile group © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 5

Struggle for Equality l Other groups and their rights l Older Americans l Disabled

Struggle for Equality l Other groups and their rights l Older Americans l Disabled Americans l Gays and lesbians © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 6

Equality Under the Law: the Fourteenth Amendment l Forbids states from denying equal protection

Equality Under the Law: the Fourteenth Amendment l Forbids states from denying equal protection l Strict scrutiny test Suspect category—assumed unconstitutional in the absence of an overwhelming justification l Applies to race, ethnicity, etc. l l Intermediate scrutiny test Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose l Applies to gender l l Reasonable basis test Not suspect category—assumed constitutional unless no sound rationale for the law can be provided l Applies to age, income, etc. l © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 7

Levels of Court Review for Laws that Treat Americans Differently © 2009 Mc. Graw-Hill

Levels of Court Review for Laws that Treat Americans Differently © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 8

Equality Under the Law: Equal Access l The Civil Rights Acts of 1964 and

Equality Under the Law: Equal Access l The Civil Rights Acts of 1964 and 1968 l Accommodations and jobs l Public accommodations cannot refuse to serve customers based on race l Most employers cannot refuse to consider applicants based on race l Housing l Prohibition of redlining © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 9

Equality Under the Law: Equal Ballots l Barring of whites-only primaries, 1940 s l

Equality Under the Law: Equal Ballots l Barring of whites-only primaries, 1940 s l Twenty-fourth Amendment prohibited poll taxes, 1960 s l Voting Rights Act of 1965 allowed federal agents to oversee voter registration l Some race-based gerrymandering is allowed © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 10

What’s Your Opinion? l Should private discrimination be allowed? l Should private country clubs

What’s Your Opinion? l Should private discrimination be allowed? l Should private country clubs and organizations be allowed to discriminate based on: l Religion, race, color, ethnic background? l Gender, age, income? l Physical characteristics, sexual preference, lifestyles? © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 11

Equality of Result l De facto discrimination l Social, economic, cultural biases discrimination l

Equality of Result l De facto discrimination l Social, economic, cultural biases discrimination l De jure discrimination l Specific law discrimination © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 12

Equality of Result l Affirmative action: workplace integration l Full and equal opportunities in

Equality of Result l Affirmative action: workplace integration l Full and equal opportunities in education, employment, etc. for all l Controversy over ends and means l Affirmative action in law l University of California Regents v. Bakke (1978) l Adarand v. Pena (1995) © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 13

What’s Your Opinion? l Which position on affirmative action programs comes closer to your

What’s Your Opinion? l Which position on affirmative action programs comes closer to your own point of view? l Keep them without rigid quotas? l Phase them out? l Don’t know or have an opinion? © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 14

Equality of Result l School integration l Busing: controversial policy to end de facto

Equality of Result l School integration l Busing: controversial policy to end de facto segregation of public schools l Swann v. Charlotte-Mecklenburg County Bd. of Education (1971) l Roberts Court decision, 2007 © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 15

Persistent Discrimination l Superficial differences l Decline in overt racism l Growing numbers of

Persistent Discrimination l Superficial differences l Decline in overt racism l Growing numbers of minorities in higher education l Growing number of minorities in white-collar professions © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 16

Persistent Discrimination l Deep divisions l Continuing inequality in: l health care and mortality

Persistent Discrimination l Deep divisions l Continuing inequality in: l health care and mortality rate l nutrition l education © 2009 Mc. Graw-Hill Higher Education. All rights reserved. 17

Equal Rights Struggling toward Fairness Chapter 5 EqualityEqual Rights Struggling toward Fairness Chapter 5 Equality
5 Equal Rights Struggling Toward Fairness Mc GrawHill5 Equal Rights Struggling Toward Fairness Mc GrawHill
1 Procedural Fairness Interpersonal Fairness Distributive Fairness Give1 Procedural Fairness Interpersonal Fairness Distributive Fairness Give
The Civil Rights Era Struggle for Equal RightsThe Civil Rights Era Struggle for Equal Rights
Equal Rights Amendment1972 www assignmentpoint com Equal RightsEqual Rights Amendment1972 www assignmentpoint com Equal Rights
Fair Vs Equal Fair Vs Equal Defined EqualFair Vs Equal Fair Vs Equal Defined Equal
The Civil Rights Struggle Background to the StruggleThe Civil Rights Struggle Background to the Struggle
The Civil Rights Struggle Separate and Not EqualThe Civil Rights Struggle Separate and Not Equal
The Expanding Struggle for EQUAL RIGHTS Demarcus ElamThe Expanding Struggle for EQUAL RIGHTS Demarcus Elam
Those Less Equal The Struggle for Human RightsThose Less Equal The Struggle for Human Rights
The Equal Rights Struggle Expands Others besides AfricanThe Equal Rights Struggle Expands Others besides African
BEGINNINGS For women the struggle for equal rightsBEGINNINGS For women the struggle for equal rights
The Equal Rights Struggle Expands Section 4 PgsThe Equal Rights Struggle Expands Section 4 Pgs
The Civil Rights Struggle Separate and Not EqualThe Civil Rights Struggle Separate and Not Equal
The Equal Rights Struggle Expands Other groups borrowedThe Equal Rights Struggle Expands Other groups borrowed
EQUAL RIGHTS EQUAL RESPECT Difference and respect AdaptedEQUAL RIGHTS EQUAL RESPECT Difference and respect Adapted