1. Chapter 5: Civil Rights and Public Policy

2. List all the people throughout US history that have been discriminated against

3. United Streaming Video

4. December 1, 1955 Bus Start of the Civil Rights Movment

5. What are Civil Rights? Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals 3 main types of inequality in America: Racial Discrimination Gender Discrimination Discrimination based on age, disability, sexual orientation, etc.

7. Two Centuries Of Struggle Conceptions of Equality- society doesn’t emphasize equal results - Everyone has an equal opportunity, but results vary depending on effort and capability of the individual Early American Views of Equality- Tension between slavery and the principles of the Declaration of Independence The Constitution and Inequality- Fourteenth Amendment: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person within it’s jurisdiction the equal protection of the laws.”

8. Race, the Constitution, and Public Policy The Era of Slavery: - Dred Scott v. Sandford (1857) Congress had no authority to ban slavery - The Civil War - - The Thirteenth Amendment- forbids slavery and involuntary servitude The Era of Reconstruction and Resegregation - Jim Crow laws - De jure segregation vs. de facto segregation - Plessy v. Ferguson (1896)- segregation was ok (separate but equal” (LA case- Homer Plessy 7/8 white, refuse to leave white railway car

9. Race, the Constitution, and Public Policy The Era of Civil Rights:  Brown v. Board of Education (1954)- marked the end of legal segregation in the United States (NAACP chose this case to test Plessy v. Ferguson) Linda Brown, Topeka, KS - Central High School refused to desegreagate (1957), Eisenhower had to send troops

10. Civil Rights Act of 1964 - Created the EEOC(Equal Employment Opportunity Commission) - Forbade discrimination in employment - Made racial discrimination illegal in hotels, motels, restaurants, and other public places - Strengthened voting rights

11. Voting Rights Act of 1965 Most extensive federal effort to crack barriers to prevent African Americans from voting

12. Race, the Constitution, and Public Policy Suffrage – The legal right to vote (15 th and 19 th Amendment) Fifteenth Amendment- Gives suffrage to African Americans Poll Taxes- Small taxes levied on the right to vote. Also they were used to prevent African Americans from voting registers. White Primary- Only whites were allowed to vote in the party primaries

13. Race, the Constitution, and Public Policy Getting and Using the Right To Vote  Smith v. Allwright (1944): ended white primaries.  Twenty-fourth Amendment: Eliminated poll taxes for federal elections.  Harper v. Virginia State Board of Elections (1966): no poll taxes at all.  Voting Rights Act of 1965: Helped end formal and informal barriers to voting.

14. Race, the Constitution, and Public Policy Other Minority Groups -Native Americans Santa Clara Pueblo v. Martinez (1978)- strengthened tribal power of individual meters and furthered self-government by Indian tribes - Hispanic Americans Mexican American Legal Defense and Education Fund - Asian Americans Korematsu v. United States (1944)- Upheld internment of more than 100,000 Japanese Americans as Constitutional

15. Women, the Constitution, and Public Policy The Battle for the Vote - Nineteenth Amendment: Guarantees women the right to vote The “Doldrums”: 1920-1960 - Laws were designed to protect women, and men from competition with women The Second Feminist Wave - Reed v. Reed: Supreme Court upheld a claim of gender discrimination (parents divorced, minor son died, father won right to be administrator of estate, mom sued, won).

16. Women, the Constitution, and Public Policy The Second Feminist Wave, continued - Craig v. Boren (1976): established a medium scrutiny (Oklahoma had a law that prohibited males under 21 from buying alcohol, but females over 18 could) - Draft is not discriminatory For issues related to sex, depends on the case  Women in the Workplace  Wage Discrimination and Comparable Worth - Comparable Worth: Women who are paid less than men for the same work and required skill  Women in the Military- Women have served in every branch of the armed services since World War 2  Sexual Harassment- Supreme Court has ruled sexual harassment that is so pervasive as to crate a hostile or abusive work environment is forbidden by Civil Rights Act 0f 1964

17. Newly Active Groups Under the Civil Rights Umbrella Civil Rights and the Graying of America - Reeves v. Sanderson (job bias)- found Reeves was discriminated against- said employees can win lawsuits without direct evidence

18. What is Affirmative Action? - A policy designed to give special attention to a previously disadvantaged group Regents of the University of California v. Bakke (1978)= affirmative action viewed as reverse discrimination. Schools could not admit people solely on basis of race…but it could be one factor 100 spots 80 spots for whites/ 20 spots for non-whites (not Constitutional) (+5 non white) + (GPA x 10) + (ACT)= score (Constitutional) (can’t change +5 one year, +10 next year)

19. Age Discrimination STANFIELD v. BROOKSHIRE GROCERY CO. 752 F.Supp. 726 (1990) United States District Court, W.D. Louisiana, Alexandria Division. October 25, 1990.

20. This action arises out of the dismissal of Titus Stanfield from his job as a night janitor at the Super 1 Food Store in Alexandria, Louisiana. Plaintiff alleges that he was dismissed in violation of the Age Discrimination in Employment Act (ADEA) (29 U.S.C. sec. 621 et seq.).

21.  Because there is no direct evidence that plaintiff was fired for being too old, plaintiff must attempt to establish his case through circumstantial evidence. There are three components to a prima facie case of age discrimination based on circumstantial evidence. - -Plaintiff must prove that he was over forty years old  - was qualified for the job  - and that employees under the age of forty replaced him after his discharge.

22. Civil Rights and People With Disabilities - Americans with Disabilities Act of 1990: “reasonable accommodations” Gay and Lesbian Rights - Bowers v. Hardwick (1986)- allowed states to ban homosexual relations - Lawrence v. Texas (2003)- overruled laws forbidding same sex relations

23. Adarand Constructors v. Pena (1995)- federal programs that classify people by race are unconstitutional (broadcasting contracts were set aside for minority- owned firms

24. Understanding Civil Rights and Public Policy Civil Rights and Democracy - Equality is a basic principle of democracy - Equality favors majority rule Civil Rights and the Scope of Government - Civil rights laws increase the scope of government - Civil rights protect individuals