Types of Discrimination & Discrimination Based on Race 43.1 & 43.2

A. What is Discrimination? Discrimination occurs when some people are treated differently than others because of their membership in a group. Ex-because of their age, gender, or religion However, not all types of discrimination are unfair or illegal Discrimination is an unavoidable result of lawmaking. If classifications are reasonable, they won't violate the 14th Amendment

To determine if a law or government practice meets the equal protection standard, courts use 3 different tests, depending on the type of discrimination involved. Rational basis test: Is there a logical relationship between the classification and the purpose of the law?

Strict scrutiny test: law will be unconstitutional unless the state shows it can serve a compelling (very important) gov. interest and has no less intrusive way to satisfy the interest Mainly used with laws that discriminate on race, citizenship, or a fundamental right like freedom of religion Substantial relationship test: there must be a close connection between the law or practice and its purpose. Usually used in sex discrimination cases

B. Discrimination Based on Race Public school segregation was declared unconstitutional in the case Brown v. Board of Education Many methods were used to desegregate the schools. Students were allowed to attend any school they desired Districts redrew neighborhood boundary lines Teachers were transferred

Busing (this is the most controversial) The Supreme Court ordered that busing be used to achieve school integration (historically it was used to segregate) Unintended result is that whites flee city schools, so there is even more segregation 1990s there were a series of court decisions that made it easier for schools to stop court ordered busing

Affirmative action is another remedy for dealing with the effects of discrimination. Affirmative action means taking positive steps to remedy past and current discrimination in employment and education. Ex-University might take affirmative action by starting a program to attract more applications from minority students

Several methods are used to increase the number of minorities admitted to educational programs Quotas: require a specific number of minorities to be admitted Preferences: minorities are given points in the admission system