federal civil rights laws · 2008. 4. 2. · alan bakke sued the university of california on the...

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Federal Civil Federal Civil Rights Laws Rights Laws Government attempts to Government attempts to guarantee equal guarantee equal opportunity to ALL opportunity to ALL Americans Americans

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Page 1: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Federal Civil Federal Civil Rights LawsRights Laws

Government attempts to Government attempts to guarantee equal guarantee equal

opportunity to ALL opportunity to ALL AmericansAmericans

Page 2: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Early Gains in Civil RightsEarly Gains in Civil Rights

NAACP founded in NAACP founded in 19091909……Victories were found first Victories were found first in educationin education1941 Roosevelt forbade 1941 Roosevelt forbade discrimination in war discrimination in war industryindustry1948 Truman integrated 1948 Truman integrated armyarmy

Page 3: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Civil Rights Act 1964:Civil Rights Act 1964:

Banned discrimination in public Banned discrimination in public accommodations and workplaceaccommodations and workplace

Ends discrimination based on race, Ends discrimination based on race, color, religion, national origin, sex color, religion, national origin, sex or physical disabilityor physical disability

Government cuts money from Government cuts money from discriminatory programsdiscriminatory programs

Page 4: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Civil Rights Act of 1968Civil Rights Act of 1968

Often called the Often called the ““Open Housing ActOpen Housing Act””

Forbade Forbade discrimination in sale discrimination in sale or renting of housingor renting of housing

Page 5: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Women and Civil Rights:Women and Civil Rights:

Women still Women still ““enjoyenjoy”” some some gendergender--preference lawspreference laws

Fought for inclusion in Fought for inclusion in professions and equal pay professions and equal pay for equal workfor equal work

ERA failed to be ratified...ERA failed to be ratified...

Title IX and Educational Title IX and Educational OpportunitiesOpportunities

Page 6: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Title IX gives women more Title IX gives women more opportunities...opportunities...

But it’s more than just sports- equality in educational opportunities

Page 7: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

AFFIRMATIVE ACTION:AFFIRMATIVE ACTION:

Our attempt to make up for the Our attempt to make up for the discrimination of the pastdiscrimination of the past

Page 8: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Affirmative Action in Action!Affirmative Action in Action!These programs These programs encourage programs and encourage programs and employers to hire and employers to hire and promote women and promote women and minorities.minorities.

The goal was to make up The goal was to make up for discrimination of the for discrimination of the past.past.

The easiest solution was to The easiest solution was to use a quotause a quota……

Page 9: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

Reverse Discrimination?Reverse Discrimination?Does this constitute Does this constitute discrimination discrimination against the majority against the majority group?group?These programs These programs specifically classify specifically classify peoplepeopleCritics argue that Critics argue that laws and programs laws and programs should be should be ““color color blindblind””..

Page 10: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

The The BakkeBakke CaseCase

Alan Alan BakkeBakke sued the University sued the University of California on the grounds of of California on the grounds of reverse discriminationreverse discrimination

The court ruled that race may The court ruled that race may be used as one factor in be used as one factor in determining acceptance determining acceptance –– but but not the ONLY factor.not the ONLY factor.

Affirmative action had to Affirmative action had to changechange……

Page 11: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor

More Recent DevelopmentsMore Recent Developments

The Weber Case: The court upheld racial The Weber Case: The court upheld racial quotas in areas which had flagrant and quotas in areas which had flagrant and longstanding discriminatory practices longstanding discriminatory practices

The Supreme Court has established stricter The Supreme Court has established stricter guidelines when it comes to affirmative guidelines when it comes to affirmative actionaction

Some states have begun to end these Some states have begun to end these programsprograms……

The burden of proof is on the employee in The burden of proof is on the employee in cases of claiming discrimination.cases of claiming discrimination.

Page 12: Federal Civil Rights Laws · 2008. 4. 2. · Alan Bakke sued the University of California on the grounds of reverse discrimination The court ruled that race may be used as one factor