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Struggle for EqualityStruggle for Equality
African AmericansAfrican AmericansBrown vs. Board of Education of Topeka Brown vs. Board of Education of Topeka (1954)(1954)Black civil rights movementBlack civil rights movement
March on Washington, 1963March on Washington, 1963Civil Rights Act (1964) and Voting Rights Act (1965)Civil Rights Act (1964) and Voting Rights Act (1965)
Aftermath of the civil rights movementAftermath of the civil rights movementDiscrepancies in convictions and sentencingDiscrepancies in convictions and sentencingMovement into political officeMovement into political office
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 22
Struggle for EqualityStruggle for Equality
WomenWomenLegal and political gainsLegal 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 issuesJob-related issuesFamily leaveFamily leaveComparable worth (gender pay equity)Comparable worth (gender pay equity)Sexual harassmentSexual harassment
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 33
Struggle for EqualityStruggle for Equality
Native AmericansNative AmericansSuits to regain landSuits to regain landNegative discrepancy in health, wealth, and Negative discrepancy in health, wealth, and
educationeducation
Hispanic AmericansHispanic AmericansLegal and political action: Cesar Estrada Chavez, Legal and political action: Cesar Estrada Chavez,
(1927-1993)(1927-1993)Guest workersGuest workersGrowing political power (Democratic leanings)Growing political power (Democratic leanings)
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 44
Struggle for EqualityStruggle for Equality
Asian AmericansAsian AmericansLong tradition of immigration restriction, ended Long tradition of immigration restriction, ended
19651965Over 12 million Asian AmericansOver 12 million Asian AmericansEmphasis on academic achievement in Asian Emphasis on academic achievement in Asian
American communitiesAmerican communitiesUpwardly mobile groupUpwardly mobile group
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 55
Struggle for EqualityStruggle for Equality
Other groups and their rightsOther groups and their rights
Older AmericansOlder Americans
Disabled AmericansDisabled Americans
Gays and lesbiansGays and lesbians
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 66
Equality Under the Law: the Equality Under the Law: the Fourteenth AmendmentFourteenth Amendment
Forbids states from denying equal protectionForbids states from denying equal protection Strict scrutiny testStrict scrutiny test
Suspect category—assumed unconstitutional in the absence of an Suspect category—assumed unconstitutional in the absence of an overwhelming justificationoverwhelming justification
Applies to race, ethnicity, etc.Applies to race, ethnicity, etc. Intermediate scrutiny testIntermediate scrutiny test
Almost suspect category—assumed unconstitutional unless the law Almost suspect category—assumed unconstitutional unless the law serves a clearly compelling and justified purposeserves a clearly compelling and justified purpose
Applies to genderApplies to gender Reasonable basis testReasonable basis test
Not suspect category—assumed constitutional unless no sound rationale Not suspect category—assumed constitutional unless no sound rationale for the law can be providedfor the law can be provided
Applies to age, income, etc.Applies to age, income, etc.
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 77
Levels of Court Review for Laws Levels of Court Review for Laws that Treat Americans Differentlythat Treat Americans Differently
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 88
Equality Under the Law:Equality Under the Law:Equal AccessEqual Access
The Civil Rights Acts of 1964 and 1968The Civil Rights Acts of 1964 and 1968Accommodations and jobsAccommodations and jobs
Public accommodations cannot refuse to serve Public accommodations cannot refuse to serve customers based on racecustomers based on race
Most employers cannot refuse to consider applicants Most employers cannot refuse to consider applicants based on racebased on race
HousingHousingProhibition of redliningProhibition of redlining
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 99
Equality Under the Law:Equality Under the Law:Equal BallotsEqual Ballots
Barring of whites-only primaries, 1940sBarring of whites-only primaries, 1940sTwenty-fourth Amendment prohibited poll Twenty-fourth Amendment prohibited poll
taxes, 1960staxes, 1960sVoting Rights Act of 1965 allowed federal Voting Rights Act of 1965 allowed federal
agents to oversee voter registrationagents to oversee voter registrationSome race-based gerrymandering is allowedSome race-based gerrymandering is allowed
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 1010
What’s Your Opinion?What’s Your Opinion?
Should private discrimination be allowed?Should private discrimination be allowed?
Should private country clubs and organizations be Should private country clubs and organizations be allowed to discriminate based on: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.© 2009 McGraw-Hill Higher Education. All rights reserved. 1111
Equality of ResultEquality of Result
De facto discriminationDe facto discriminationSocial, economic, cultural biases Social, economic, cultural biases discrimination discrimination
De jure discriminationDe jure discriminationSpecific law Specific law discrimination discrimination
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 1212
Equality of ResultEquality of Result
Affirmative action: workplace integrationAffirmative action: workplace integrationFull and equal opportunities in education, Full and equal opportunities in education,
employment, etc. for allemployment, etc. for allControversy over ends and meansControversy over ends and means
Affirmative action in lawAffirmative action in lawUniversity of California Regents v. Bakke University of California Regents v. Bakke (1978)(1978)Adarand v. Pena Adarand v. Pena (1995)(1995)
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 1313
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved.
What’s Your Opinion?What’s Your Opinion?
Which position on affirmative action programs Which position on affirmative action programs comes closer to your own point of view?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?
1414
Equality of ResultEquality of Result
School integrationSchool integrationBusing: controversial policy to end de facto Busing: controversial policy to end de facto
segregation of public schoolssegregation of public schoolsSwann v. Charlotte-Mecklenburg County Bd. Swann v. Charlotte-Mecklenburg County Bd.
of Educationof Education (1971) (1971)Roberts Court decision, 2007Roberts Court decision, 2007
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 1515
Persistent DiscriminationPersistent Discrimination
Superficial differencesSuperficial differences
Decline in overt racismDecline in overt racism
Growing numbers of minorities in higher Growing numbers of minorities in higher educationeducation
Growing number of minorities in white-collar Growing number of minorities in white-collar professionsprofessions
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 1616
Persistent DiscriminationPersistent Discrimination
Deep divisionsDeep divisions
Continuing inequality in:Continuing inequality in:
health care and mortality ratehealth care and mortality rate
nutritionnutrition
educationeducation
© 2009 McGraw-Hill Higher Education. All rights reserved.© 2009 McGraw-Hill Higher Education. All rights reserved. 1717