OTHER FORMS OF DISCRIMINATION 43.3. A. Employment Discrimination  The Civil rights Act of 1964-Title 7 prohibits discrimination in employment  Title.

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Presentation transcript:

OTHER FORMS OF DISCRIMINATION 43.3

A. Employment Discrimination  The Civil rights Act of 1964-Title 7 prohibits discrimination in employment  Title 7 is different from the 14th Amendment because the 14th Amendment only prohibited discrimination by the government. Title 7 extended protection against discrimination to private employers.

B. Discrimination in Voting Rights  The 15th Amendment provided voting rights to nonwhite male citizens  The 19th Amendment extended the right to vote to women

C. Gender Discrimination  Over the years, Congress has passed many laws to grant equal protection to women.  Exs-pay, promotions, hiring, firing  One type of sex discrimination that gets a lot of attention is sexual harassment. This is unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature which takes place in the workplace

 There are a few types of sexual harassment:  Quid pro quo: maybe a male supervisor will lead a female employee to think that she will lose her job if she doesn't submit to his sexual advances or a promotion is offered in exchange for sexual favors  Hostile environment: constant vulgar comments, unwanted touching. Must be so severe or pervasive that it changes the condition of employment.  Will not have to show that employee was in danger of losing her job

 Court will recognize same sex harassment  Many instances of sexual harassment go unreported because of embarrassment or fear of retaliation  There are court decisions out there that will hold an employer liable for its employees' sexual harassment unless it can prove that it took reasonable steps to prevent harassment and that the alleged victim failed to take advantage of the available preventative measures

 As far as schools, Congress passed Title IX of the Education Act of 1972, which says schools can't discriminate in school activities  Exs-faculty hiring, student athletic programs

D. Age Discrimination  Congress passed a law to protect workers aged 40 or older from discrimination in aspects of employment  Problem is that it is hard to prove because there are exceptions  If age is a legitimate job qualification. Ex-older person can be denied a youthful role in a movie  If an employment decision is made for a good reason other than age.  Ex--misconduct

E. Disability Discrimination  You are considered to have a disability if you have difficulty performing certain functions (seeing, hearing, walking) or you have difficulties performing basic activities of daily living  Congress passed IDEA in 1975, which requires states to provide a free and appropriate education to children with special needs in the least restrictive setting possible

 Workplaces and schools must make reasonable accommodations.  Handicap accessible facilities and sidewalks  Modified tests-larger print  Reserved parking  Not required to make accommodation if it would cause significant difficulty or expense

F. Housing Discrimination  Fair Housing Act of 1968 forbids discrimination in the selling, leasing, or financing of housing based on the race, color, religion, gender, or national origin of the applicant  Discrimination in housing can take many forms:  Steering: real estate agents direct prospective buyers to particular areas because of their race or some other factor  Redlining: refusal by a bank or other mortgage lender to make loans for the purchase of homes in certain neighborhoods (banks would deny loans to people buying in poor communities)

 Not all housing discrimination is illegal.  Landlords and sellers can refuse to rent or sell to people who have poor credit ratings or whose income isn't high enough to meet mortgage payments  Can discriminate for rental references  Unwillingness to follow rules like no pets