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
• • 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
• • Civil Rights Acts (1866, 1964, 1991)

How are rules enforced?

1. Criminal prosecution

How are rules enforced?

1. Criminal prosecution
2. EEOC complaint
3. 1. Lawsuit for back pay and reinstatement
   2. Affirmative Action order.

How are rules enforced?

1. Criminal prosecution
2. EEOC complaint
3. 1. Lawsuit for back pay and reinstatement
   2. Affirmative Action order.
4. Private lawsuit--financial compensation

What about Affirmative Action?

• what is it?

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
• • extends protection to businesses and public accommodations (commerce clause)
  • requires reasonable accommodation

Politics and Native American Rights

• Battle on 2 fronts
• • Tribal autonomy & relations with US/BIA
  • Opportunities within "mainstream" US
• State Government and the 14th amendment
• • Complicated peyote story