1. Equal Rights: Struggling Toward Fairness Chapter 5

2. Struggle for Equality African Americans African Americans Brown vs. Board of Education of Topeka (1954) Brown vs. Board of Education of Topeka (1954) Black civil rights movement Black civil rights movement March on Washington, 1963 March on Washington, 1963 Civil Rights Act (1964) and Voting Rights Act (1965) Civil Rights Act (1964) and Voting Rights Act (1965) Aftermath of the civil rights movement Aftermath of the civil rights movement Discrepancies in convictions and sentencing Discrepancies in convictions and sentencing Movement into political office Movement into political office © 2009 McGraw-Hill Higher Education. All rights reserved.2

3. Struggle for Equality Women Women Legal and political gains Legal and political gains Title VII of the Civil Rights Act (1964) Title VII of the Civil Rights Act (1964) Title IX of the Education Amendment (1972) Title IX of the Education Amendment (1972) Job-related issues Job-related issues Family leave Family leave Comparable worth (gender pay equity) Comparable worth (gender pay equity) Sexual harassment Sexual harassment © 2009 McGraw-Hill Higher Education. All rights reserved.3

4. Struggle for Equality Native Americans Native Americans Suits to regain land Suits to regain land Negative discrepancy in health, wealth, and education Negative discrepancy in health, wealth, and education Hispanic Americans Hispanic Americans Legal and political action: Cesar Estrada Chavez, (1927-1993) Legal and political action: Cesar Estrada Chavez, (1927-1993) Guest workers Guest workers Growing political power (Democratic leanings) Growing political power (Democratic leanings) © 2009 McGraw-Hill Higher Education. All rights reserved.4

5. Struggle for Equality Asian Americans Asian Americans Long tradition of immigration restriction, ended 1965 Long tradition of immigration restriction, ended 1965 Over 12 million Asian Americans Over 12 million Asian Americans Emphasis on academic achievement in Asian American communities Emphasis on academic achievement in Asian American communities Upwardly mobile group Upwardly mobile group © 2009 McGraw-Hill Higher Education. All rights reserved.5

6. Struggle for Equality Other groups and their rights Other groups and their rights Older Americans Older Americans Disabled Americans Disabled Americans Gays and lesbians Gays and lesbians © 2009 McGraw-Hill Higher Education. All rights reserved.6

7. Equality Under the Law: the Fourteenth Amendment Equality Under the Law: the Fourteenth Amendment Forbids states from denying equal protection Forbids states from denying equal protection Strict scrutiny test Strict scrutiny test Suspect category—assumed unconstitutional in the absence of an overwhelming justification Suspect category—assumed unconstitutional in the absence of an overwhelming justification Applies to race, ethnicity, etc. Applies to race, ethnicity, etc. Intermediate scrutiny test Intermediate scrutiny test Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purpose Applies to gender Applies to gender Reasonable basis test Reasonable basis test Not suspect category—assumed constitutional unless no sound rationale for the law can be provided Not suspect category—assumed constitutional unless no sound rationale for the law can be provided Applies to age, income, etc. Applies to age, income, etc. © 2009 McGraw-Hill Higher Education. All rights reserved.7

8. Levels of Court Review for Laws that Treat Americans Differently © 2009 McGraw-Hill Higher Education. All rights reserved.8

9. Equality Under the Law: Equal Access Equality Under the Law: Equal Access The Civil Rights Acts of 1964 and 1968 The Civil Rights Acts of 1964 and 1968 Accommodations and jobs Accommodations and jobs Public accommodations cannot refuse to serve customers based on race Public accommodations cannot refuse to serve customers based on race Most employers cannot refuse to consider applicants based on race Most employers cannot refuse to consider applicants based on race Housing Housing Prohibition of redlining Prohibition of redlining © 2009 McGraw-Hill Higher Education. All rights reserved.9

10. Equality Under the Law: Equal Ballots Barring of whites-only primaries, 1940s Barring of whites-only primaries, 1940s Twenty-fourth Amendment prohibited poll taxes, 1960s Twenty-fourth Amendment prohibited poll taxes, 1960s Voting Rights Act of 1965 allowed federal agents to oversee voter registration Voting Rights Act of 1965 allowed federal agents to oversee voter registration Some race-based gerrymandering is allowed Some race-based gerrymandering is allowed © 2009 McGraw-Hill Higher Education. All rights reserved.10

11. What’s Your Opinion? Should private discrimination be allowed? Should private discrimination be allowed? Should private country clubs and organizations be allowed to discriminate based on: Should private country clubs and organizations be allowed to discriminate based on: Religion, race, color, ethnic background? Religion, race, color, ethnic background? Gender, age, income? Gender, age, income? Physical characteristics, sexual preference, lifestyles? Physical characteristics, sexual preference, lifestyles? © 2009 McGraw-Hill Higher Education. All rights reserved.11

12. Equality of Result De facto discrimination De facto discrimination Social, economic, cultural biases  discrimination Social, economic, cultural biases  discrimination De jure discrimination De jure discrimination Specific law  discrimination Specific law  discrimination © 2009 McGraw-Hill Higher Education. All rights reserved.12

13. Equality of Result Affirmative action: workplace integration Affirmative action: workplace integration Full and equal opportunities in education, employment, etc. for all Full and equal opportunities in education, employment, etc. for all Controversy over ends and means Controversy over ends and means Affirmative action in law Affirmative action in law University of California Regents v. Bakke (1978) University of California Regents v. Bakke (1978) Adarand v. Pena (1995) Adarand v. Pena (1995) © 2009 McGraw-Hill Higher Education. All rights reserved.13

14. © 2009 McGraw-Hill Higher Education. All rights reserved. What’s Your Opinion? Which position on affirmative action programs comes closer to your own point of view? Which position on affirmative action programs comes closer to your own point of view? Keep them without rigid quotas? Keep them without rigid quotas? Phase them out? Phase them out? Don’t know or have an opinion? Don’t know or have an opinion? 14

15. Equality of Result School integration School integration Busing: controversial policy to end de facto segregation of public schools Busing: controversial policy to end de facto segregation of public schools Swann v. Charlotte-Mecklenburg County Bd. of Education (1971) Swann v. Charlotte-Mecklenburg County Bd. of Education (1971) Roberts Court decision, 2007 Roberts Court decision, 2007 © 2009 McGraw-Hill Higher Education. All rights reserved.15

16. Persistent Discrimination Superficial differences Superficial differences Decline in overt racism Decline in overt racism Growing numbers of minorities in higher education Growing numbers of minorities in higher education Growing number of minorities in white-collar professions Growing number of minorities in white-collar professions © 2009 McGraw-Hill Higher Education. All rights reserved.16

17. Persistent Discrimination Deep divisions Deep divisions Continuing inequality in: Continuing inequality in: health care and mortality rate health care and mortality rate nutrition nutrition education education © 2009 McGraw-Hill Higher Education. All rights reserved.17