Discrimination. Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator.

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Presentation transcript:

Discrimination

Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights..”

14 th Amendment “No state shall.. Deny to any person within its jurisdiction the equal protection of the laws”

Equality What does it mean? Does everyone in America receive the same treatment? Does everyone get the same opportunities? 13 th, 14 th, 15 th and 19 th Amendments’ goals were equality.

Discrimination Occurs when some people are treated differently than others because of their membership in a group. Examples include race, age, religion and gender. However, there are some examples of legal discrimination.

The following situations all involve some form of discrimination. Decide whether the discrimination is reasonable and should be permitted or is unreasonable and should be prohibited. A. An airline requires pilots to retire at age 60. B. A business refuses to hire a man with good typing skills for a secretary’s position. C. People who have AIDS cannot be hired as phone operators. D. People under age 18 are not allowed into theaters showing X rated movies. E. A child with a disability is not permitted to play at a public playground. F. In selecting applicants for government jobs, preference is given to veterans. G. Girls are not allowed to try out for positions on an all boy baseball team. H. Auto insurance rates are higher for young, unmarried drivers I. In order to portray a classy image, an expensive seafood restaurant requires that its servers wear tuxedos. The restaurant only hires male wait staff.

Discrimination 3 part test Rational basis test- Is there a rational relationship between the classification and the purpose of the law? (Marrying age) Strict Scrutiny test- A judge will find a law or action unconstitutional unless the state can show it serves a very important interest and there is not a less intrusive way to meet that interest. Substantial relationship test- there must be a close connection between the law or action and its purpose. Any laws based on sex must have direct governmental purpose.

Affirmative Action is the policy of providing special opportunities for, and favoring members of, a disadvantaged group who suffer discrimination Used to “level the playing field” in regards to the long term effects of discrimination. Methods include goals, quotas and preferences all designed to increase the percentage of minorities. University of California v. Bakke (1978) Most famous case

Characteristics for which people are commonly discriminated against for. Race Gender Age Disability Sexual Orientation Appearance

You will now take your basic understanding of legal discrimination and apply it to some cases. You will be assigned a group and a case. You will need to read the case/problem and the corresponding questions. You will then need to review the section preceding your questions. Then answer your questions, giving specific legal reasons and justifications for your answers. Case Time!

1. Conflict at Windsor Beach The Affirmative Action Law… Race & Teacher Layoffs The single sex school & (Gender) The obnoxious remarks (sexual harassment) (Title 9) The Young Filmmaker The Dentist- 511 & The Golfer (Disability) The Unwanted Tenant (Housing) Eliminating Gay & lesbian rights The Gay Student Club….- 520

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