Civil Rights #2
Overview
- Who are you protected from?
- How are you supposed to do anything about it?
- Why do protections grow and shrink?
- Rights of women
- Rights of disabled people
- Native Americans
Who are you protected from?
- "State government" under 14th Amendment
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- Sex/race, not age!
- People who act "on behalf" of state government
Who are you protected from?
- "State government" under 14th Amendment
-
- Sex/race, not age!
- People who act "on behalf" of state government
- Federal Government Contractors
Who are you protected from?
- "State government" under 14th Amendment
-
- Sex/race, not age!
- People who act "on behalf" of state government
- Federal Government Contractors
- Anybody Congress can regulate under the commerce clause
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- Civil Rights Acts (1866, 1964, 1991)
How are rules enforced?
- Criminal prosecution
How are rules enforced?
- Criminal prosecution
- EEOC complaint
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- Lawsuit for back pay and reinstatement
- Affirmative Action order.
How are rules enforced?
- Criminal prosecution
- EEOC complaint
-
- Lawsuit for back pay and reinstatement
- Affirmative Action order.
- Private lawsuit--financial compensation
What about Affirmative Action?
What about Affirmative Action?
- what is it?
- reverse discrimination
What about Affirmative Action?
- what is it?
- reverse discrimination
- diversity policy and the University
-
- Bakke's lawsuit & followups
- diversity in government contracting: quotas?
Why do protections grow and shrink?
- Courts have limited government intervention in society
- Is protest necessary?
-
- Need to "get attention"
- Maybe if you don't have a good lawyer...
- Terrorism/violence usually "counter productive"
Racial Minorities
- 14th shrank in response to Court decisions and politics
- Some protections won through legal action
- Biggest protections result from nonviolent action
Rights of Women
- Long era of "protectionism"
Rights of Women
- Long era of "protectionism"
- excluded from many professions
Rights of Women
- Long era of "protectionism"
- excluded from many professions
- couldn't vote
- own property
Equal Rights Amendments
- Remember the 14th Amendment?
Equal Rights Amendments
- Remember the 14th Amendment?
- ERA proposed by Congress 1972. Failed.
Equal Rights Amendments
- Remember the 14th Amendment?
- ERA proposed by Congress 1972. Failed.
- 1970s: Revival of 14th for women.
-
- Sexual classifications no longer allowed by State without
persuasive justification
Women in the Labor Force
- Why do women earn less?
-
- Job type
- Skill
- Discrimination
Women in the Labor Force
- Why do women earn less?
-
- Job type
- Skill
- Discrimination
- 1964 CRA included "sex" but...
- EEOC initially refused to pursue sex discrimination
cases
Women in the Labor Force
- Why do women earn less?
-
- Job type
- Skill
- Discrimination
- 1964 CRA included "sex" but...
- EEOC initially refused to pursue sex discrimination
cases
- 1991 CRA: restated 1866 CRA right to sue for $ damages for
discrimination or sexual harassment.
Higher Education
- Higher Educ. Act, Title IX (1972) Prohibit sex
discrimination in fed. funded programs
- Rising emphasis on women's athletics
- Backlash in some states (California, Texas)
Rights of disabled people
- 1973 Federal law prohibited discrimination by federal
contractors
-
- must not discriminate against an otherwise qualified person
solely by reason of handicap
Rights of disabled people
- 1973 Federal law prohibited discrimination by federal
contractors
-
- must not discriminate against an otherwise qualified person
solely by reason of handicap
- 1990 Americans with Disabilities Act
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- extends protection to businesses and public accommodations
(commerce clause)
- requires reasonable accommodation
Politics and Native American Rights
- Battle on 2 fronts
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- Tribal autonomy & relations with US/BIA
- Opportunities within "mainstream" US
- State Government and the 14th amendment
-