Download Chapter 43 - HomeworkNOW.com

Chapter 43
Discrimination
Amendments
Amendments ratified to make equality a reality:





13th
14th
15th
19th
24th
Key Terms



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
Rehnquist Court’s Federalism Revolution: a
recent term describing the Supreme Court’s
initiative to return power to the states
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)
Not all types of discrimination is unfair or
illegal
Discrimination is an unavoidable result of
lawmaking
As long as classifications are reasonable and
not in violation of 14th’s Equal Protection
Clause
Rational Basis Test




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
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
The Strict Scrutiny Test



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
i.e. Fl. Religious Animal Sacrifice Case
The Substantial Relationship Test



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.
i.e. Males can not buy beer but women can
Potential Limits of Equal Protection




Equal protection cases are complicated &
controversial
14th Amendment ratified in 1868
Generally means that governments cannot
draw unreasonable distinctions among
different groups of people
Is it only for racial discrimination? AfricanAmericans? All minorities? Caucasian
included?
Discrimination Based on Race



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.
Remedy: what is done to compensate for an
injury or to enforce some right
Discrimination in Education



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.
i.e. issues regarding busing
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)
Plans are either voluntary or mandatory
Opponents claim “reverse discrimination”
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
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.
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.
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
Affirmative Action efforts on decline…
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
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
Should collective rights be
recognized?



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.
Opposition believed that such collective
rights threaten the American culture &
society.