1. Chapter 43 Discrimination

2. Amendments Amendments ratified to make equality a reality: 13 th 13 th 14 th 14 th 15 th 15 th 19 th 19 th 24 th 24 th

3. Key Terms Jim Crow Laws: A statute or law created to enforce segregation in such places as schools, buses, & hotels Jim Crow Laws: A statute or law created to enforce segregation in such places as schools, buses, & hotels Civil Rights Act of 1964 & 1968: prohibited discrimination based on race, religion, sex & national origin in employment & housing Civil Rights Act of 1964 & 1968: prohibited discrimination based on race, religion, sex & national origin in employment & housing Rehnquist Court’s Federalism Revolution: a recent term describing the Supreme Court’s initiative to return power to the states Rehnquist Court’s Federalism Revolution: a recent term describing the Supreme Court’s initiative to return power to the states

4. What is Discrimination? Discrimination: Occurs when some people are treated differently than others because of their membership in a group (i.e. race, age, gender, or religion) Discrimination: Occurs when some people are treated differently than others because of their membership in a group (i.e. race, age, gender, or religion) Not all types of discrimination is unfair or illegal Not all types of discrimination is unfair or illegal Discrimination is an unavoidable result of lawmaking Discrimination is an unavoidable result of lawmaking As long as classifications are reasonable and not in violation of 14 th ’s Equal Protection Clause As long as classifications are reasonable and not in violation of 14 th ’s Equal Protection Clause

5. Rational Basis Test Most commonly used in court Most commonly used in court Judges will uphold a law or practice that treats some people differently than others if there is a rational basis for the differential treatment or classification Judges will uphold a law or practice that treats some people differently than others if there is a rational basis for the differential treatment or classification Exists when there is a LOGICAL relationship between the treatment or classification & the purpose of the law Exists when there is a LOGICAL relationship between the treatment or classification & the purpose of the law i.e. Laws enforcing legal age to marry i.e. Laws enforcing legal age to marry

6. The Strict Scrutiny Test Certain laws discriminate based on race, national origin, citizenship status, or some fundamental right such as freedom of religion Certain laws discriminate based on race, national origin, citizenship status, or some fundamental right such as freedom of religion Judges will find the law or practice unconstitutional UNLESS the state can show that the discriminating classigication serves a compelling interest and that there is no less discriminating way to satisfy that interest Judges will find the law or practice unconstitutional UNLESS the state can show that the discriminating classigication serves a compelling interest and that there is no less discriminating way to satisfy that interest i.e. Fl. Religious Animal Sacrifice Case i.e. Fl. Religious Animal Sacrifice Case

7. The Substantial Relationship Test Applied toward Gender Discrimination Cases Applied toward Gender Discrimination Cases This test insists that there must be a close connection – NOT JUST a rational relationship – between the law or practice & purpose. This test insists that there must be a close connection – NOT JUST a rational relationship – between the law or practice & purpose. i.e. Males can not buy beer but women can i.e. Males can not buy beer but women can

8. Potential Limits of Equal Protection Equal protection cases are complicated & controversial Equal protection cases are complicated & controversial 14 th Amendment ratified in 1868 14 th Amendment ratified in 1868 Generally means that governments cannot draw unreasonable distinctions among different groups of people Generally means that governments cannot draw unreasonable distinctions among different groups of people Is it only for racial discrimination? African- Americans? All minorities? Caucasian included? Is it only for racial discrimination? African- Americans? All minorities? Caucasian included?

9. Discrimination Based on Race Most American’s believe that racial discrimination is both morally & legally wrong Most American’s believe that racial discrimination is both morally & legally wrong In addition to enforcing the antidiscrimination laws, government faces the perplexing dilemma of helping those exposed to racial injustice while avoiding discrimination against others. In addition to enforcing the antidiscrimination laws, government faces the perplexing dilemma of helping those exposed to racial injustice while avoiding discrimination against others. Remedy: what is done to compensate for an injury or to enforce some right Remedy: what is done to compensate for an injury or to enforce some right

10. Discrimination in Education Brown v. Bd of Ed: Public school segregation was declared unconstitutional Brown v. Bd of Ed: Public school segregation was declared unconstitutional Methods used to desegregate schools: Allowing students to attend any school, redrawing neighborhood school boundary lines, transferring teachers, developing magnet schools & charter schools. Methods used to desegregate schools: Allowing students to attend any school, redrawing neighborhood school boundary lines, transferring teachers, developing magnet schools & charter schools. i.e. issues regarding busing i.e. issues regarding busing

11. Affirmative Action Affirmative Action: steps taken to promote diversity in hiring, promotion, education, etc. by attempting to remedy past discrimination (i.e. by actively recruiting minorities and women) Affirmative Action: steps taken to promote diversity in hiring, promotion, education, etc. by attempting to remedy past discrimination (i.e. by actively recruiting minorities and women) Plans are either voluntary or mandatory Plans are either voluntary or mandatory Opponents claim “reverse discrimination” Opponents claim “reverse discrimination”

12. Methods to Increase Minorities in Educational Programs Quotas: a system that requires a certain number of minority applicants be selected for educational programs or jobs. Such a system is generally unconstitutional in government funded programs Quotas: a system that requires a certain number of minority applicants be selected for educational programs or jobs. Such a system is generally unconstitutional in government funded programs Preferences: a method used to increase the number of minorities admitted to educational programs and hired for jobs. It involves giving some advantage to minority applicants. Preferences: a method used to increase the number of minorities admitted to educational programs and hired for jobs. It involves giving some advantage to minority applicants.

13. 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 by labor unions. 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 by labor unions. Has been extended to include private employers Has been extended to include private employers Purpose is to end discrimination, and to remedy the segregation and underrepresentation of minorities that discrimination had caused in the nation’s workplace Purpose is to end discrimination, and to remedy the segregation and underrepresentation of minorities that discrimination had caused in the nation’s workplace Affirmative Action efforts on decline… Affirmative Action efforts on decline…

14. Discrimination in Voting Rights Voting Rights Act of 1965: promises equality in the area of political rights, was designed to help make good the unfulfilled promise of the Civil War Amendments Voting Rights Act of 1965: promises equality in the area of political rights, was designed to help make good the unfulfilled promise of the Civil War Amendments Gerrymandering: a traditional way to strengthen voting power by redrawing voting district lines to ensure that a particular group of people is included in the same district Gerrymandering: a traditional way to strengthen voting power by redrawing voting district lines to ensure that a particular group of people is included in the same district

15. Should collective rights be recognized? Some believe that a remedy for discrimination is the recognition of collective rights. Some believe that a remedy for discrimination is the recognition of collective rights. When a society recognizes that groups having a common culture, racial or ethnic heritage, religion or language possess rights as a group. When a society recognizes that groups having a common culture, racial or ethnic heritage, religion or language possess rights as a group. Opposition believed that such collective rights threaten the American culture & society. Opposition believed that such collective rights threaten the American culture & society.