Equal Rights: Struggling Equal Rights: Struggling Toward FairnessToward Fairness

Chapter 5Chapter 5

Struggle for EqualityStruggle for Equality

African AmericansAfrican AmericansBrown vs. Board of Education of Topeka Brown vs. Board of Education of Topeka (1954)(1954)Black civil rights movementBlack civil rights movement

March on Washington, 1963March on Washington, 1963Civil Rights Act (1964) and Voting Rights Act (1965)Civil Rights Act (1964) and Voting Rights Act (1965)

Aftermath of the civil rights movementAftermath of the civil rights movementDiscrepancies in convictions and sentencingDiscrepancies in convictions and sentencingMovement into political officeMovement into political office

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Struggle for EqualityStruggle for Equality

WomenWomenLegal and political gainsLegal and political gains

Title VII of the Civil Rights Act (1964)Title VII of the Civil Rights Act (1964)Title IX of the Education Amendment (1972)Title IX of the Education Amendment (1972)

Job-related issuesJob-related issuesFamily leaveFamily leaveComparable worth (gender pay equity)Comparable worth (gender pay equity)Sexual harassmentSexual harassment

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Struggle for EqualityStruggle for Equality

Native AmericansNative AmericansSuits to regain landSuits to regain landNegative discrepancy in health, wealth, and Negative discrepancy in health, wealth, and

educationeducation

Hispanic AmericansHispanic AmericansLegal and political action: Cesar Estrada Chavez, Legal and political action: Cesar Estrada Chavez,

(1927-1993)(1927-1993)Guest workersGuest workersGrowing political power (Democratic leanings)Growing political power (Democratic leanings)

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Struggle for EqualityStruggle for Equality

Asian AmericansAsian AmericansLong tradition of immigration restriction, ended Long tradition of immigration restriction, ended

19651965Over 12 million Asian AmericansOver 12 million Asian AmericansEmphasis on academic achievement in Asian Emphasis on academic achievement in Asian

American communitiesAmerican communitiesUpwardly mobile groupUpwardly mobile group

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Struggle for EqualityStruggle for Equality

Other groups and their rightsOther groups and their rights

Older AmericansOlder Americans

Disabled AmericansDisabled Americans

Gays and lesbiansGays and lesbians

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Equality Under the Law: the Equality Under the Law: the Fourteenth AmendmentFourteenth Amendment

Forbids states from denying equal protectionForbids states from denying equal protection Strict scrutiny testStrict scrutiny test

Suspect category—assumed unconstitutional in the absence of an Suspect category—assumed unconstitutional in the absence of an overwhelming justificationoverwhelming justification

Applies to race, ethnicity, etc.Applies to race, ethnicity, etc. Intermediate scrutiny testIntermediate scrutiny test

Almost suspect category—assumed unconstitutional unless the law Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purposeserves a clearly compelling and justified purpose

Applies to genderApplies to gender Reasonable basis testReasonable basis test

Not suspect category—assumed constitutional unless no sound rationale Not suspect category—assumed constitutional unless no sound rationale for the law can be providedfor the law can be provided

Applies to age, income, etc.Applies to age, income, etc.

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Levels of Court Review for Laws Levels of Court Review for Laws that Treat Americans Differentlythat Treat Americans Differently

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Equality Under the Law:Equality Under the Law:Equal AccessEqual Access

The Civil Rights Acts of 1964 and 1968The Civil Rights Acts of 1964 and 1968Accommodations and jobsAccommodations and jobs

Public accommodations cannot refuse to serve Public accommodations cannot refuse to serve customers based on racecustomers based on race

Most employers cannot refuse to consider applicants Most employers cannot refuse to consider applicants based on racebased on race

HousingHousingProhibition of redliningProhibition of redlining

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Equality Under the Law:Equality Under the Law:Equal BallotsEqual Ballots

Barring of whites-only primaries, 1940sBarring of whites-only primaries, 1940sTwenty-fourth Amendment prohibited poll Twenty-fourth Amendment prohibited poll

taxes, 1960staxes, 1960sVoting Rights Act of 1965 allowed federal Voting Rights Act of 1965 allowed federal

agents to oversee voter registrationagents to oversee voter registrationSome race-based gerrymandering is allowedSome race-based gerrymandering is allowed

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What’s Your Opinion?What’s Your Opinion?

Should private discrimination be allowed?Should private discrimination be allowed?

Should private country clubs and organizations be Should private country clubs and organizations be allowed to discriminate based on:allowed to discriminate based on:

Religion, race, color, ethnic background? Religion, race, color, ethnic background? Gender, age, income?Gender, age, income?Physical characteristics, sexual preference, lifestyles?Physical characteristics, sexual preference, lifestyles?

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Equality of ResultEquality of Result

De facto discriminationDe facto discriminationSocial, economic, cultural biases Social, economic, cultural biases discrimination discrimination

De jure discriminationDe jure discriminationSpecific law Specific law discrimination discrimination

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Equality of ResultEquality of Result

Affirmative action: workplace integrationAffirmative action: workplace integrationFull and equal opportunities in education, Full and equal opportunities in education,

employment, etc. for allemployment, etc. for allControversy over ends and meansControversy over ends and means

Affirmative action in lawAffirmative action in lawUniversity of California Regents v. Bakke University of California Regents v. Bakke (1978)(1978)Adarand v. Pena Adarand v. Pena (1995)(1995)

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What’s Your Opinion?What’s Your Opinion?

Which position on affirmative action programs Which position on affirmative action programs comes closer to your own point of view?comes closer to your own point of view?

Keep them without rigid quotas?Keep them without rigid quotas?Phase them out?Phase them out?Don’t know or have an opinion?Don’t know or have an opinion?

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Equality of ResultEquality of Result

School integrationSchool integrationBusing: controversial policy to end de facto Busing: controversial policy to end de facto

segregation of public schoolssegregation of public schoolsSwann v. Charlotte-Mecklenburg County Bd. Swann v. Charlotte-Mecklenburg County Bd.

of Educationof Education (1971) (1971)Roberts Court decision, 2007Roberts Court decision, 2007

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Persistent DiscriminationPersistent Discrimination

Superficial differencesSuperficial differences

Decline in overt racismDecline in overt racism

Growing numbers of minorities in higher Growing numbers of minorities in higher educationeducation

Growing number of minorities in white-collar Growing number of minorities in white-collar professionsprofessions

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Persistent DiscriminationPersistent Discrimination

Deep divisionsDeep divisions

Continuing inequality in:Continuing inequality in:

health care and mortality ratehealth care and mortality rate

nutritionnutrition

educationeducation

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