Chapter 6 Civil Rights: Beyond Equal Protection

Affirmative Action a policy in educational admissions or job hiring gives special consideration or compensatory treatment to traditionally disadvantaged groups is an effort to overcome present effects of past discrimination

Special Protection for Older Americans Population Projections Attempts to Protect Older Americans –Age Discrimination in Employment Act of 1967 – prohibits discrimination on the basis of age unless age is shown to be a bona fide occupational qualification –Mandatory Retirement – is prohibited in most occupations by an amendment to the ADEA (1978)

Securing Rights for Persons with Disabilities The Americans with Disabilities Act of 1990 –requires all public buildings and services be accessible to persons with disabilities –requires employers make reasonable accommodations for people with disabilities –defines “disabilities” as physical or mental impairments that substantially limit everyday activities In Bragdon v. Abbott (1998) the Supreme Court ruled that an HIV infection falls under the protection of the ADA

The Rights and Status of Gay Males and Lesbians in decades past, most states had anti-sodomy laws most laws now have been repealed the Supreme Court upheld a law in Bowers v. Hardwick (1986) that made homosexual conduct between two adults a crime in Romer v. Evans (1986) the Supreme Court ruled that a Colorado amendment that invalidated state laws protecting homosexuals violated the equal protection clause now 11 states and 165 municipalities have laws that protect gay men and lesbians from discrimination

The Gay Community and Politics Gay Men and Lesbians in the Military –1993 Clinton administration policy was characterized as “don’t ask, don’t tell” –Supreme Court will likely rule on the issue Same-sex marriages –the Hawaii Supreme Court ruled that denying marriage licenses to gay couples might violate the equal protection clause of the state constitution –in a referendum, voters in Hawaii opposed allowing same-sex marriages –the Vermont legislature has passed a law allowing same-sex “civil unions” Child Custody and Adoption –courts now no longer deny custody or visitation to persons solely on the basis of sexual orientation

The Rights and Status of Juveniles parents are viewed as protectors of children’s rights the 26 th amendment grants year olds the right to vote most contracts entered into by minors cannot be enforced parents can be held liable for minor’s negligent actions minors are sometimes viewed as incapable of criminal intent when minors are tried as adults, they are afforded the same protections, but are subject to adult penalties (including the death penalty)