5.3 notes
America is heading toward a minority majority, where members of minority groups will outnumber those of European descent; some states already reflect this.
African Americans are not the only minority group to have faced legally imposed discrimination.
Native Americans, Latinos, and Asians experienced powerlessness in a society dominated by White people even before the civil rights struggle.
The civil rights laws fought for by African Americans have also benefited other minority groups.
Social movements often inspire new ones; thus, the African American civil rights movement of the 1960s prompted other minorities to mobilize for their rights.
native americans
The history of poverty, discrimination, and exploitation experienced by American Indians is extensive.
U.S. policy historically promoted westward expansion at the expense of Native Americans’ lands.
The government isolated Native Americans on reservations, depriving them of their lands and rights.
The Dawes Act of 1887 marked a shift to forced assimilation, sending Native children to boarding schools off reservations against their families' wishes, and banning tribal rituals and languages.
In 1924, Congress granted American Indians U.S. citizenship and the right to vote, a status gained by African Americans half a century earlier.
The Indian Claims Act was established in 1946 to address land claims from Native Americans against the government.
Today, Native Americans continue to face high rates of poverty and ill health, with almost half living on or near reservations.
Native Americans exemplify the gap between public policy on discrimination and its actual realization.
latinos
Latino Demographics: Latinos (or Hispanic Americans) have become the largest minority group in the U.S., primarily from Mexico, Puerto Rico, Cuba, El Salvador, Honduras, and other Central/South American countries.
Current population: 61 million, accounting for 18% of the U.S. population.
Represent 49% of New Mexico's population and about 39% in both California and Texas.
Historical Discrimination: In the first half of the 20th century, people of Mexican origin experienced significant discrimination in Texas and the southwestern U.S.
Forced to use segregated public restrooms and attend segregated schools.
Hundreds faced lynchings.
World War II Veterans: Approximately 500,000 Latinos served in the U.S. armed forces during WWII but returned to face discrimination.
Dr. Hector P. Garcia founded the American GI Forum in 1948, the first Latino veterans' advocacy group, after witnessing the refusal of the Naval Station at Corpus Christi to treat sick Latino veterans.
Felix Longoria incident: Longoria, a Mexican American soldier, was denied funeral services in his hometown due to his heritage, sparking national
Population: 20 million persons of Asian descent, comprising 6% of the U.S. population.
Historical Discrimination
For over a century before the civil rights acts of the 1960s, Asian Americans faced discrimination in education, jobs, and housing, and endured restrictions on immigration and naturalization.
Key Events:
Yick Wo v. Hopkins (1886): Supreme Court ruled against a San Francisco law that required laundries in wooden buildings to obtain permits, which predominantly affected Chinese laundries, thus violating the Fourteenth Amendment.
Chinese Exclusion Act (1882): Banned immigration of Chinese laborers, repealed in 1943; allowed Chinese immigrants the right to seek citizenship for the first time.
World War II Discrimination: The U.S. government interned over 100,000 Americans of Japanese descent in encampments during the war, viewed as America's concentration camps.
Korematsu v. United States (1944): Supreme Court upheld the internment as constitutional; Congress later authorized reparations for internees and their families. The Korematsu decision was overturned in 2018.
Arab Americans: Between 2 and 4 million persons of Arab ancestry in the United States.
Muslims: Approximately 3.5 million Muslims of various ethnicities.
Following the September 11, 2001 terrorist attacks:
Increased bias-related assaults, threats, vandalism, and arson against Arabs, Muslims, Sikhs, South Asian Americans, and those perceived to be part of these groups.
Types of incidents include:
Telephone, Internet, mail, and face-to-face threats.
Minor assaults, assaults with dangerous weapons, and those resulting in serious injury or death.
Vandalism, shootings, arson, and bombings directed at homes, businesses, and places of worship.
Members of these groups have faced discrimination in:
Employment
Housing
Education
Access to public accommodations and facilities.
More than 1,200 persons were detained as possible threats to national security.
About two-thirds were undocumented immigrants, primarily Arabs and Muslims.
Many detained for months until cleared by the FBI.
Detainee rights:
Detention raised concerns over violations of the Sixth Amendment rights (being informed of accusations).
Potential suspension of the writ of habeas corpus.
In 2004, the Supreme Court affirmed that detainees in the U.S. have the right to challenge their detentions.
Women's Rights Movement Origins
The first women’s rights activists emerged from the abolitionist movement
Encountered sexist attitudes while advocating for the freedom of enslaved people
Leaders like Lucretia Mott and Elizabeth Cady Stanton recognized shared struggles with enslaved individuals and resolved to fight for women’s rights
Seneca Falls Convention
Organized by Mott and Stanton in upstate New York
Aimed to address the various issues facing women
Key Issues Faced by Women
Denied the right to vote
Subjected to patriarchal family law
Restricted access to education and career opportunities
Legal Context
Coverture: Legal doctrine that deprived married women of a separate legal identity from their husbands
Wives could not sign contracts or own/dispose of property
Divorce laws favored husbands heavily
Abused women found it difficult to end marriages, with men having legal advantages over child custody
Conclusion
The early women's rights movement was deeply intertwined with the fight against slavery and highlighted critical social
Date: July 19, 1848
Signatories: 100 men and women signed the Seneca Falls Declaration of Sentiments and Resolutions.
Key Statement: Patterned after the Declaration of Independence, it stated, "The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her."
Significance: Marked the beginning of the women's rights movement.
Elizabeth Cady Stanton: Prominent advocate for women's rights.
Susan B. Anthony: Key figure in the women's suffrage movement.
Focused on obtaining the right to vote for women, along with addressing other grievances.
Advocates had hoped the Fifteenth Amendment would extend voting rights to women but faced disappointment.
The struggle for women’s suffrage occurred mainly in the late 19th and early 20th centuries.
Success: Significant progress was made in several states, particularly in the West, where some allowed women to vote prior to the constitutional amendment.
Methods included lobbying, marching, protesting, and civil disobedience.
Culminated in the ratification of the Nineteenth Amendment, granting women the right to vote.
Charlotte Woodward: The only signer of the Seneca Falls Declaration who lived to see women vote nationwide in 1920.
The Doldrums: 1920–1960
Winning the right to vote did not automatically secure equal status for women; the feminist movement seemed to lose momentum after women won the vote.
The vote was the only common goal among feminists in the early twentieth century, leading to considerable division within the movement on other priorities.
Many suffragists accepted a traditional family model: fathers as breadwinners and mothers as bakers.
While most suffragists supported the right for women to pursue any occupation, they also believed that women's primary obligations were as wives and mothers.
Many suffragists defended the vote as an extension of maternal roles into public life, envisioning a new era of public morality with women's voting rights.
Public policy towards women was characterized by protectionism rather than equality:
Laws were designed to protect working women from overtime, long hours, and heavy lifting, but these same laws also limited their opportunities in the workforce.
State laws reinforced traditional family roles and focused on limiting women’s work opportunities so they could fulfill domestic
The civil rights movement in the 1950s and 1960s attracted many female activists who also joined student and antiwar movements.
These women encountered similar prejudices as women abolitionists.
Betty Friedan published "The Feminine Mystique" in 1963, which encouraged women to challenge traditional assumptions and assert their rights.
The book played a significant role in the contemporary feminist movement.
Organizations such as the National Organization for Women (NOW) and the National Women’s Political Caucus were formed in the 1960s and 1970s.
Before the contemporary feminist movement, the Supreme Court upheld nearly all instances of gender-based discrimination.
The state and federal governments discriminated against both women and men as they saw fit.
In the 1970s, the Supreme Court began addressing gender discrimination more seriously.
Reed v. Reed (1971)
Ruling: Any “arbitrary” gender-based classification violates the equal protection clause of the Fourteenth Amendment.
Significance: This was the first time a law was declared unconstitutional on gender discrimination grounds.
Craig v. Boren (1976)
Case: Related to an Oklahoma law that banned the sale of 3.2 percent beer to males under 21 while allowing females over 18 to purchase it.
Ruling: The Supreme Court voided the statute, establishing an “intermediate scrutiny” standard, which means the Court would examine gender discrimination more closely.
Current Trends:
Traditional family models (father at work, mother at home) are declining.
December 2019 statistics:
75 million women (20+) in civilian labor force, compared to 84 million men (59% of adult women).
Women make up half of nonfarm payroll positions.
Less than half of working women are married and living with their spouse.
69 million female-headed households (10 million with children).
65% of mothers with children below school age are in the labor force.
Disparity in Earnings:
Traditionally female jobs typically pay less compared to male jobs requiring similar skills (e.g., secretary vs. accounts clerk).
Women earn only 81% of what men make in full-time roles ($0.81 to every $1.00).
Equal Pay Act of 1963:
Illegal to pay different wages for equal work.
Protects against retaliation for complaints about discrimination.
Lilly Ledbetter Fair Pay Act of 2009:
Outlaws discrimination in compensation, easier for employees to win lawsuits for pay discrimination.
Key Legislation:
Civil Rights Act of 1964: Banned gender discrimination in employment.
Pregnancy Discrimination Act of 1978: Employers can’t exclude pregnancy from sick leave benefits.
Civil Rights and Women’s Equity in Employment Act of 1991: Shifted burden of proof to employers for gender requirements in hiring/promotions.
Supreme Court Cases:
1977 (Dothard v. Rawlinson): Voided arbitrary height/weight job restrictions.
Protection against mandatory pregnancy leaves and discrimination in hiring.
Significant progress has been made in employment opportunities for women.
Title IX of the Education Act of 1972: Prohibits gender discrimination in federally funded education programs.
Military Service:
Women have served in military since WWII, including in combat roles (post-2015).
Women comprise nearly one-fifth of the active duty forces and compete for promotions.
Controversies exist regarding gender equality in military service.
1979 Draft Registration Requirement:
Only men required to register for the draft, a point of legal challenge (Rostker v. Goldberg, 1981).
Definition: Sexual harassment is defined by the U.S. Equal Employment Opportunity Commission as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…" that affects employment, interferes with work performance, or creates a hostile environment.
Legal Context:
In 1986, the Supreme Court recognized that pervasive sexual harassment constitutes gender discrimination, which is prohibited by the 1964 Civil Rights Act.
The case of Harris v. Forklift Systems (1993) emphasized that no single factor is necessary to establish a sexual harassment claim; the environment must simply be perceived as hostile or abusive.
Employer Responsibilities: Employers must take steps to prevent and eliminate harassment. They can be sued regardless of whether internal reporting procedures were used. Retaliation against those who report harassment is also prohibited.
Educational Settings: School districts can be held liable for sexual harassment, including student-on-student incidents.
Prevalence in Male-Dominated Fields: Sexual harassment is often prevalent in occupations such as the military, where incidents have led to significant changes in policies and accountability.
Notable incidents:
1991 Tailhook Association convention sexual assault cases.
Disciplinary actions against army officers for harassment in the 1990s.
Pentagon intervention at the Air Force Academy in 2003 due to assaults on female cadets.
Cultural Shift: Behaviors once tolerated as 'male hijinks' are now increasingly recognized as unacceptable and warrant serious consequences. The protection of female military personnel from harassment remains a critical issue as their numbers grow in the armed forces.
Older Americans:
Strive for equal rights and protection against age discrimination in employment and services.
Face unique challenges related to healthcare access, housing, and social security.
Persons with Disabilities:
Advocate for accessibility rights in public spaces and equal opportunities in employment.
The Americans with Disabilities Act (ADA) of 1990 established their legal rights, promoting inclusion and accessibility.
LGBTQ+ Americans:
Fight for equal rights in marriage, anti-discrimination laws, and protection against hate crimes.
Challenges include social stigma, mental health issues, and violence against LGBTQ+ individuals.
Common Aspect Across Groups:
All three groups share a commitment to equality as seen in the struggles of racial and ethnic minorities and women.
Policies aimed at protecting the rights of one group can often extend to support and benefit others.
Demographics of Aging Americans:
About 51 million people are 65 or older, accounting for 16% of the U.S. population.
Approximately 7 million people are 85 or older, making this age group the fastest-growing in the country.
Historical Context:
The retirement age of 65 for Social Security benefits was set in the 1930s, becoming the standard for mandatory retirement.
Many prefer to retire while still enjoying health and activity, but not everyone can afford to do so as Social Security alone does not cover all expenses.
Age discrimination has historically impacted older workers and also affected younger professionals seeking education, as graduate schools often rejected applicants based on age.
Legislative Progress:
The Age Discrimination in Employment Act of 1967 prohibited certain forms of age discrimination.
In 1975, legislation was passed denying federal funds to institutions discriminating against individuals over 40.
Compulsory retirement for most workers is now illegal, yet age classifications still fall under standard reasonableness reviews.
Supreme Court Involvement:
In Reeves v. Sanderson (2000), the Court facilitated winning bias cases by allowing circumstantial evidence to prove discrimination.
Employers can be held liable for harmful age-related policies irrespective of intent, demanding proof that policies disproportionately affect older employees without reasonable justification.
In Meacham v. Knolls Atomic Power Laboratory (2008), the onus was placed on employers to demonstrate that their actions were based on factors other than age.
Broader Implications:
The rulings on age discrimination may influence other forms of discrimination, including race and gender cases under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Discrimination Against Americans with Disabilities:
Americans with disabilities have faced both direct and indirect discrimination.
Denials of rehabilitation services, education, and employment have been prevalent.
Many have been excluded from the workforce and isolated despite no overt discrimination.
Public and private buildings have historically excluded the blind, deaf, and mobility impaired.
Historical Context:
The first rehabilitation laws were enacted in the late 1920s, primarily aiding World War I veterans.
Significant accessibility laws were delayed for 50 years.
Key Legislation:
The Rehabilitation Act of 1973 added protections for individuals with disabilities against discrimination.
Defined an inaccessible environment as discrimination, leading to common accessibility features like wheelchair ramps and Braille signs.
The Education of All Handicapped Children Act of 1975 guarantees free public education appropriate to the needs of all children.
The Americans with Disabilities Act of 1990 (ADA) enhanced protections by requiring reasonable accommodations from employers and prohibiting employment discrimination.
Affirmed the right for individuals with disabilities to live in their communities rather than be institutionalized.
Defining Disability:
Controversy surrounds the definition of who is considered “disabled.”
Supreme Court affirmed protections under the ADA for people with AIDS in 1998.
Congress expanded the disability definition in 2008, making it easier to prove discrimination.
Courts are not to consider mitigating measures (e.g., prescription drugs) when defining disability.
Episodic or in remission impairments are considered disabilities if they substantially limit major life activities when active.
Challenges in Enforcement:
While beneficial laws exist, they often face resistance due to concerns about the cost of accommodations.
Such concerns can be shortsighted as accommodating individuals with disabilities benefits the economy by allowing them to become wage earners and taxpayers.
Discrimination Against Americans with Disabilities:
Americans with disabilities have faced both direct and indirect discrimination.
Denials of rehabilitation services, education, and employment have been prevalent.
Many have been excluded from the workforce and isolated despite no overt discrimination.
Public and private buildings have historically excluded the blind, deaf, and mobility impaired.
Historical Context:
The first rehabilitation laws were enacted in the late 1920s, primarily aiding World War I veterans.
Significant accessibility laws were delayed for 50 years.
Key Legislation:
The Rehabilitation Act of 1973 added protections for individuals with disabilities against discrimination.
Defined an inaccessible environment as discrimination, leading to common accessibility features like wheelchair ramps and Braille signs.
The Education of All Handicapped Children Act of 1975 guarantees free public education appropriate to the needs of all children.
The Americans with Disabilities Act of 1990 (ADA) enhanced protections by requiring reasonable accommodations from employers and prohibiting employment discrimination.
Affirmed the right for individuals with disabilities to live in their communities rather than be institutionalized.
Defining Disability:
Controversy surrounds the definition of who is considered “disabled.”
Supreme Court affirmed protections under the ADA for people with AIDS in 1998.
Congress expanded the disability definition in 2008, making it easier to prove discrimination.
Courts are not to consider mitigating measures (e.g., prescription drugs) when defining disability.
Episodic or in remission impairments are considered disabilities if they substantially limit major life activities when active.
Challenges in Enforcement:
While beneficial laws exist, they often face resistance due to concerns about the cost of accommodations.
Such concerns can be shortsighted as accommodating individuals with disabilities benefits the economy by allowing them to become wage earners and taxpayers.
Demographics: Millions of Americans identify as gay, lesbian, bisexual, or transgender, collectively known as LGBTQ+. The Q represents those identifying as queer or questioning their sexual identity, while the + includes others.
Discrimination: Members of the LGBTQ+ community have faced discrimination in hiring, education, public accommodations, and housing. Homophobia, stemming from various cultural and religious beliefs, has contributed to this discrimination, leading to violence such as the 1998 killing of Matthew Shepard.
Stonewall Incident: The growth of the gay rights movement was catalyzed by the 1969 police raid on the Stonewall Inn. Activists, such as Marsha P. Johnson and Sylvia Rivera, resisted the violence from police, leading to a significant mobilization within the LGBTQ+ community to protect civil rights and form advocacy groups.
Legal Landscape:
Early setbacks included the 1986 Supreme Court ruling in Bowers v. Hardwick, which allowed states to ban homosexual relations.
Romer v. Evans (1996) voided a Colorado amendment barring discrimination protections for gay men and lesbians.
In Lawrence v. Texas (2003), the Court overturned Bowers, declaring anti-sodomy laws unconstitutional.
In 2020, Bostock v. Clayton County affirmed that Title VII’s sex discrimination protections extend to LGBTQ+ employees.
Same-Sex Marriage:
The Defense of Marriage Act (DOMA) was enacted in 1996 to prevent states from recognizing same-sex marriages.
In 2013, the Supreme Court struck down Section 3 of DOMA as unconstitutional.
By 2015, the Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges, requiring states to license and recognize same-sex marriages.
The Court has also mandated equal treatment for married same-sex couples in cases like issuing birth certificates.
Transgender Rights:
The focus of LGBTQ+ rights has expanded to include transgender rights, with ongoing legal issues regarding bathroom access and military service. The Trump administration proposed restrictions on transgender individuals in these areas, signaling contentious legal battles ahead.
Definition & Purpose: Affirmative action involves efforts to increase employment, promotion, or admission for members of groups who have faced discrimination. It aims to achieve equal results rather than just equal opportunities.
Historical Context:
In 1965, President Lyndon Johnson signed an executive order prohibiting discrimination in federal contracts and required affirmative action plans to increase participation of minorities and women.
The University of California at Davis (UC-Davis) set aside spots for disadvantaged groups, leading to the landmark Supreme Court case, Regents of the University of California v. Bakke (1978), which revealed the complexity of affirmative action. The Court ruled Bakke should be admitted but allowed the use of race as one factor in admissions criteria.
Supreme Court Involvement:
In Grutter v. Bollinger (2003), the Court upheld the use of race as a factor in university admissions for promoting campus diversity.
Conversely, Gratz v. Bollinger (2003) struck down a quota-like system for undergraduate admissions at the University of Michigan.
Recent decisions, like Fisher v. University of Texas (2016), have upheld holistic admissions processes that consider race among various factors.
Arguments For Affirmative Action:
Supporters argue it provides necessary access and equalize opportunities for historically disadvantaged groups.
Proponents assert that merit is subjective and that societal privileges should be recognized and addressed.
Arguments Against Affirmative Action:
Opponents argue that it leads to reverse discrimination, favoring less qualified individuals over more qualified ones based on race or gender.
Many contend that merit should be the sole basis for opportunities, asserting that policies should not reinforce discrimination, even in the name of correcting past injustices.
Contemporary Issues:
Challenges related to affirmative action continue, reflecting societal divisions on race, gender, and equality.
Resistance to affirmative action policies has led some states to ban such programs, raising ongoing debates about their future and effectiveness.
Constitutional Basis:
The Constitution is silent on the issue of equality except in the Fourteenth Amendment, which forbids the states from denying "equal protection of the laws."
This provision has paved the way for major civil rights statutes and judicial rulings protecting the rights of minorities and women.
Empowerment of Minority Groups:
Civil rights laws and decisions have empowered minority groups to seek and gain additional rights.
Victories in civil rights advocacy have demonstrated the effectiveness of participation and mobilization in a democratic society.
Impact on Democracy:
The advancement of civil rights enhances democratic principles by ensuring that all citizens, regardless of race, gender, or other characteristics, have equal access to opportunities and protections.
It fosters inclusivity and representation within the political process, as more diverse voices contribute to national discourse.
Scope of Government:
The expansion of civil rights necessitates a broader role for government in enforcing laws and regulations aimed at protecting individual rights.
This increased scope can manifest through the implementation of policies that address inequality and discrimination, reflecting the government's responsibility to uphold the Constitution and promote social justice.
Equality as a Democratic Principle:
Equality is fundamental to democracy, ensuring that every citizen has one vote and that each person’s needs, interests, and preferences are equally valued.
Individual liberty is equally important but can conflict with equality.
Majority Rule vs. Minority Rights:
Equality favors majority rule since everyone’s wishes rank equally, leading to what seems to be the fairest policy outcome.
However, majority rule can potentially lead to the deprivation of minority rights. In such scenarios, equality may deny minority rights while liberty condemns such denial.
American Belief in Minority Rights:
Americans generally prioritize protecting minority rights against majority restrictions. Surveys indicate a robust belief in the importance of safeguarding minority rights in a democratic society.
Threats to Liberty Beyond Majority Rule:
Powerful political and social minorities can suppress both majorities and other minorities.
Historical contexts illustrate how entrenched customs and economic interests have perpetuated inequality, even when one group outnumbers another.
Gains from Other Democratic Rights:
African Americans and women have made significant advancements in equality even without the right to vote by utilizing their First Amendment rights.
The protection of voting rights in the 1960s dramatically shifted Southern politics, showcasing the democratic process as a vehicle for disadvantaged groups to advocate for their claims.
Historical Context:
The Founders might be perturbed by the extensive civil rights laws, which diverge from the eighteenth-century idea of limited government. However, they would expect the national government to ensure national cohesion.
The Civil War highlighted the inadequacies of the Constitution of 1787 in addressing critical issues like slavery that threatened the union.
Increased Government Scope:
Civil rights laws expand the government's scope and power by regulating the behavior of individuals and institutions.
Examples include:
Restaurant owners must serve all patrons regardless of race.
Professional schools must admit women.
Employers are required to accommodate people with disabilities and seek out minority workers.
Limits on Government and Protection of Individualism:
Civil rights laws, similar to civil liberties, represent limits on government authority and protect individual rights.
Much of segregation was legally enforced (de jure) by governments, showing the necessity of these laws.
The core idea of civil rights is that individuals should not be judged based on group characteristics, protecting individuals from collective discrimination.
Historical Evolution of Civil Rights Policy:
The line on government protection of civil rights has fluctuated throughout American history.
/
Few Americans desire a return to the eras exemplified by Plessy v. Ferguson and Jim Crow laws, nor do they wish to revert to excluding women from the workplace.
America is heading toward a minority majority, where members of minority groups will outnumber those of European descent; some states already reflect this.
African Americans are not the only minority group to have faced legally imposed discrimination.
Native Americans, Latinos, and Asians experienced powerlessness in a society dominated by White people even before the civil rights struggle.
The civil rights laws fought for by African Americans have also benefited other minority groups.
Social movements often inspire new ones; thus, the African American civil rights movement of the 1960s prompted other minorities to mobilize for their rights.
native americans
The history of poverty, discrimination, and exploitation experienced by American Indians is extensive.
U.S. policy historically promoted westward expansion at the expense of Native Americans’ lands.
The government isolated Native Americans on reservations, depriving them of their lands and rights.
The Dawes Act of 1887 marked a shift to forced assimilation, sending Native children to boarding schools off reservations against their families' wishes, and banning tribal rituals and languages.
In 1924, Congress granted American Indians U.S. citizenship and the right to vote, a status gained by African Americans half a century earlier.
The Indian Claims Act was established in 1946 to address land claims from Native Americans against the government.
Today, Native Americans continue to face high rates of poverty and ill health, with almost half living on or near reservations.
Native Americans exemplify the gap between public policy on discrimination and its actual realization.
latinos
Latino Demographics: Latinos (or Hispanic Americans) have become the largest minority group in the U.S., primarily from Mexico, Puerto Rico, Cuba, El Salvador, Honduras, and other Central/South American countries.
Current population: 61 million, accounting for 18% of the U.S. population.
Represent 49% of New Mexico's population and about 39% in both California and Texas.
Historical Discrimination: In the first half of the 20th century, people of Mexican origin experienced significant discrimination in Texas and the southwestern U.S.
Forced to use segregated public restrooms and attend segregated schools.
Hundreds faced lynchings.
World War II Veterans: Approximately 500,000 Latinos served in the U.S. armed forces during WWII but returned to face discrimination.
Dr. Hector P. Garcia founded the American GI Forum in 1948, the first Latino veterans' advocacy group, after witnessing the refusal of the Naval Station at Corpus Christi to treat sick Latino veterans.
Felix Longoria incident: Longoria, a Mexican American soldier, was denied funeral services in his hometown due to his heritage, sparking national
Population: 20 million persons of Asian descent, comprising 6% of the U.S. population.
Historical Discrimination
For over a century before the civil rights acts of the 1960s, Asian Americans faced discrimination in education, jobs, and housing, and endured restrictions on immigration and naturalization.
Key Events:
Yick Wo v. Hopkins (1886): Supreme Court ruled against a San Francisco law that required laundries in wooden buildings to obtain permits, which predominantly affected Chinese laundries, thus violating the Fourteenth Amendment.
Chinese Exclusion Act (1882): Banned immigration of Chinese laborers, repealed in 1943; allowed Chinese immigrants the right to seek citizenship for the first time.
World War II Discrimination: The U.S. government interned over 100,000 Americans of Japanese descent in encampments during the war, viewed as America's concentration camps.
Korematsu v. United States (1944): Supreme Court upheld the internment as constitutional; Congress later authorized reparations for internees and their families. The Korematsu decision was overturned in 2018.
Arab Americans: Between 2 and 4 million persons of Arab ancestry in the United States.
Muslims: Approximately 3.5 million Muslims of various ethnicities.
Following the September 11, 2001 terrorist attacks:
Increased bias-related assaults, threats, vandalism, and arson against Arabs, Muslims, Sikhs, South Asian Americans, and those perceived to be part of these groups.
Types of incidents include:
Telephone, Internet, mail, and face-to-face threats.
Minor assaults, assaults with dangerous weapons, and those resulting in serious injury or death.
Vandalism, shootings, arson, and bombings directed at homes, businesses, and places of worship.
Members of these groups have faced discrimination in:
Employment
Housing
Education
Access to public accommodations and facilities.
More than 1,200 persons were detained as possible threats to national security.
About two-thirds were undocumented immigrants, primarily Arabs and Muslims.
Many detained for months until cleared by the FBI.
Detainee rights:
Detention raised concerns over violations of the Sixth Amendment rights (being informed of accusations).
Potential suspension of the writ of habeas corpus.
In 2004, the Supreme Court affirmed that detainees in the U.S. have the right to challenge their detentions.
Women's Rights Movement Origins
The first women’s rights activists emerged from the abolitionist movement
Encountered sexist attitudes while advocating for the freedom of enslaved people
Leaders like Lucretia Mott and Elizabeth Cady Stanton recognized shared struggles with enslaved individuals and resolved to fight for women’s rights
Seneca Falls Convention
Organized by Mott and Stanton in upstate New York
Aimed to address the various issues facing women
Key Issues Faced by Women
Denied the right to vote
Subjected to patriarchal family law
Restricted access to education and career opportunities
Legal Context
Coverture: Legal doctrine that deprived married women of a separate legal identity from their husbands
Wives could not sign contracts or own/dispose of property
Divorce laws favored husbands heavily
Abused women found it difficult to end marriages, with men having legal advantages over child custody
Conclusion
The early women's rights movement was deeply intertwined with the fight against slavery and highlighted critical social
Date: July 19, 1848
Signatories: 100 men and women signed the Seneca Falls Declaration of Sentiments and Resolutions.
Key Statement: Patterned after the Declaration of Independence, it stated, "The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her."
Significance: Marked the beginning of the women's rights movement.
Elizabeth Cady Stanton: Prominent advocate for women's rights.
Susan B. Anthony: Key figure in the women's suffrage movement.
Focused on obtaining the right to vote for women, along with addressing other grievances.
Advocates had hoped the Fifteenth Amendment would extend voting rights to women but faced disappointment.
The struggle for women’s suffrage occurred mainly in the late 19th and early 20th centuries.
Success: Significant progress was made in several states, particularly in the West, where some allowed women to vote prior to the constitutional amendment.
Methods included lobbying, marching, protesting, and civil disobedience.
Culminated in the ratification of the Nineteenth Amendment, granting women the right to vote.
Charlotte Woodward: The only signer of the Seneca Falls Declaration who lived to see women vote nationwide in 1920.
The Doldrums: 1920–1960
Winning the right to vote did not automatically secure equal status for women; the feminist movement seemed to lose momentum after women won the vote.
The vote was the only common goal among feminists in the early twentieth century, leading to considerable division within the movement on other priorities.
Many suffragists accepted a traditional family model: fathers as breadwinners and mothers as bakers.
While most suffragists supported the right for women to pursue any occupation, they also believed that women's primary obligations were as wives and mothers.
Many suffragists defended the vote as an extension of maternal roles into public life, envisioning a new era of public morality with women's voting rights.
Public policy towards women was characterized by protectionism rather than equality:
Laws were designed to protect working women from overtime, long hours, and heavy lifting, but these same laws also limited their opportunities in the workforce.
State laws reinforced traditional family roles and focused on limiting women’s work opportunities so they could fulfill domestic
The civil rights movement in the 1950s and 1960s attracted many female activists who also joined student and antiwar movements.
These women encountered similar prejudices as women abolitionists.
Betty Friedan published "The Feminine Mystique" in 1963, which encouraged women to challenge traditional assumptions and assert their rights.
The book played a significant role in the contemporary feminist movement.
Organizations such as the National Organization for Women (NOW) and the National Women’s Political Caucus were formed in the 1960s and 1970s.
Before the contemporary feminist movement, the Supreme Court upheld nearly all instances of gender-based discrimination.
The state and federal governments discriminated against both women and men as they saw fit.
In the 1970s, the Supreme Court began addressing gender discrimination more seriously.
Reed v. Reed (1971)
Ruling: Any “arbitrary” gender-based classification violates the equal protection clause of the Fourteenth Amendment.
Significance: This was the first time a law was declared unconstitutional on gender discrimination grounds.
Craig v. Boren (1976)
Case: Related to an Oklahoma law that banned the sale of 3.2 percent beer to males under 21 while allowing females over 18 to purchase it.
Ruling: The Supreme Court voided the statute, establishing an “intermediate scrutiny” standard, which means the Court would examine gender discrimination more closely.
Current Trends:
Traditional family models (father at work, mother at home) are declining.
December 2019 statistics:
75 million women (20+) in civilian labor force, compared to 84 million men (59% of adult women).
Women make up half of nonfarm payroll positions.
Less than half of working women are married and living with their spouse.
69 million female-headed households (10 million with children).
65% of mothers with children below school age are in the labor force.
Disparity in Earnings:
Traditionally female jobs typically pay less compared to male jobs requiring similar skills (e.g., secretary vs. accounts clerk).
Women earn only 81% of what men make in full-time roles ($0.81 to every $1.00).
Equal Pay Act of 1963:
Illegal to pay different wages for equal work.
Protects against retaliation for complaints about discrimination.
Lilly Ledbetter Fair Pay Act of 2009:
Outlaws discrimination in compensation, easier for employees to win lawsuits for pay discrimination.
Key Legislation:
Civil Rights Act of 1964: Banned gender discrimination in employment.
Pregnancy Discrimination Act of 1978: Employers can’t exclude pregnancy from sick leave benefits.
Civil Rights and Women’s Equity in Employment Act of 1991: Shifted burden of proof to employers for gender requirements in hiring/promotions.
Supreme Court Cases:
1977 (Dothard v. Rawlinson): Voided arbitrary height/weight job restrictions.
Protection against mandatory pregnancy leaves and discrimination in hiring.
Significant progress has been made in employment opportunities for women.
Title IX of the Education Act of 1972: Prohibits gender discrimination in federally funded education programs.
Military Service:
Women have served in military since WWII, including in combat roles (post-2015).
Women comprise nearly one-fifth of the active duty forces and compete for promotions.
Controversies exist regarding gender equality in military service.
1979 Draft Registration Requirement:
Only men required to register for the draft, a point of legal challenge (Rostker v. Goldberg, 1981).
Definition: Sexual harassment is defined by the U.S. Equal Employment Opportunity Commission as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…" that affects employment, interferes with work performance, or creates a hostile environment.
Legal Context:
In 1986, the Supreme Court recognized that pervasive sexual harassment constitutes gender discrimination, which is prohibited by the 1964 Civil Rights Act.
The case of Harris v. Forklift Systems (1993) emphasized that no single factor is necessary to establish a sexual harassment claim; the environment must simply be perceived as hostile or abusive.
Employer Responsibilities: Employers must take steps to prevent and eliminate harassment. They can be sued regardless of whether internal reporting procedures were used. Retaliation against those who report harassment is also prohibited.
Educational Settings: School districts can be held liable for sexual harassment, including student-on-student incidents.
Prevalence in Male-Dominated Fields: Sexual harassment is often prevalent in occupations such as the military, where incidents have led to significant changes in policies and accountability.
Notable incidents:
1991 Tailhook Association convention sexual assault cases.
Disciplinary actions against army officers for harassment in the 1990s.
Pentagon intervention at the Air Force Academy in 2003 due to assaults on female cadets.
Cultural Shift: Behaviors once tolerated as 'male hijinks' are now increasingly recognized as unacceptable and warrant serious consequences. The protection of female military personnel from harassment remains a critical issue as their numbers grow in the armed forces.
Older Americans:
Strive for equal rights and protection against age discrimination in employment and services.
Face unique challenges related to healthcare access, housing, and social security.
Persons with Disabilities:
Advocate for accessibility rights in public spaces and equal opportunities in employment.
The Americans with Disabilities Act (ADA) of 1990 established their legal rights, promoting inclusion and accessibility.
LGBTQ+ Americans:
Fight for equal rights in marriage, anti-discrimination laws, and protection against hate crimes.
Challenges include social stigma, mental health issues, and violence against LGBTQ+ individuals.
Common Aspect Across Groups:
All three groups share a commitment to equality as seen in the struggles of racial and ethnic minorities and women.
Policies aimed at protecting the rights of one group can often extend to support and benefit others.
Demographics of Aging Americans:
About 51 million people are 65 or older, accounting for 16% of the U.S. population.
Approximately 7 million people are 85 or older, making this age group the fastest-growing in the country.
Historical Context:
The retirement age of 65 for Social Security benefits was set in the 1930s, becoming the standard for mandatory retirement.
Many prefer to retire while still enjoying health and activity, but not everyone can afford to do so as Social Security alone does not cover all expenses.
Age discrimination has historically impacted older workers and also affected younger professionals seeking education, as graduate schools often rejected applicants based on age.
Legislative Progress:
The Age Discrimination in Employment Act of 1967 prohibited certain forms of age discrimination.
In 1975, legislation was passed denying federal funds to institutions discriminating against individuals over 40.
Compulsory retirement for most workers is now illegal, yet age classifications still fall under standard reasonableness reviews.
Supreme Court Involvement:
In Reeves v. Sanderson (2000), the Court facilitated winning bias cases by allowing circumstantial evidence to prove discrimination.
Employers can be held liable for harmful age-related policies irrespective of intent, demanding proof that policies disproportionately affect older employees without reasonable justification.
In Meacham v. Knolls Atomic Power Laboratory (2008), the onus was placed on employers to demonstrate that their actions were based on factors other than age.
Broader Implications:
The rulings on age discrimination may influence other forms of discrimination, including race and gender cases under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Discrimination Against Americans with Disabilities:
Americans with disabilities have faced both direct and indirect discrimination.
Denials of rehabilitation services, education, and employment have been prevalent.
Many have been excluded from the workforce and isolated despite no overt discrimination.
Public and private buildings have historically excluded the blind, deaf, and mobility impaired.
Historical Context:
The first rehabilitation laws were enacted in the late 1920s, primarily aiding World War I veterans.
Significant accessibility laws were delayed for 50 years.
Key Legislation:
The Rehabilitation Act of 1973 added protections for individuals with disabilities against discrimination.
Defined an inaccessible environment as discrimination, leading to common accessibility features like wheelchair ramps and Braille signs.
The Education of All Handicapped Children Act of 1975 guarantees free public education appropriate to the needs of all children.
The Americans with Disabilities Act of 1990 (ADA) enhanced protections by requiring reasonable accommodations from employers and prohibiting employment discrimination.
Affirmed the right for individuals with disabilities to live in their communities rather than be institutionalized.
Defining Disability:
Controversy surrounds the definition of who is considered “disabled.”
Supreme Court affirmed protections under the ADA for people with AIDS in 1998.
Congress expanded the disability definition in 2008, making it easier to prove discrimination.
Courts are not to consider mitigating measures (e.g., prescription drugs) when defining disability.
Episodic or in remission impairments are considered disabilities if they substantially limit major life activities when active.
Challenges in Enforcement:
While beneficial laws exist, they often face resistance due to concerns about the cost of accommodations.
Such concerns can be shortsighted as accommodating individuals with disabilities benefits the economy by allowing them to become wage earners and taxpayers.
Discrimination Against Americans with Disabilities:
Americans with disabilities have faced both direct and indirect discrimination.
Denials of rehabilitation services, education, and employment have been prevalent.
Many have been excluded from the workforce and isolated despite no overt discrimination.
Public and private buildings have historically excluded the blind, deaf, and mobility impaired.
Historical Context:
The first rehabilitation laws were enacted in the late 1920s, primarily aiding World War I veterans.
Significant accessibility laws were delayed for 50 years.
Key Legislation:
The Rehabilitation Act of 1973 added protections for individuals with disabilities against discrimination.
Defined an inaccessible environment as discrimination, leading to common accessibility features like wheelchair ramps and Braille signs.
The Education of All Handicapped Children Act of 1975 guarantees free public education appropriate to the needs of all children.
The Americans with Disabilities Act of 1990 (ADA) enhanced protections by requiring reasonable accommodations from employers and prohibiting employment discrimination.
Affirmed the right for individuals with disabilities to live in their communities rather than be institutionalized.
Defining Disability:
Controversy surrounds the definition of who is considered “disabled.”
Supreme Court affirmed protections under the ADA for people with AIDS in 1998.
Congress expanded the disability definition in 2008, making it easier to prove discrimination.
Courts are not to consider mitigating measures (e.g., prescription drugs) when defining disability.
Episodic or in remission impairments are considered disabilities if they substantially limit major life activities when active.
Challenges in Enforcement:
While beneficial laws exist, they often face resistance due to concerns about the cost of accommodations.
Such concerns can be shortsighted as accommodating individuals with disabilities benefits the economy by allowing them to become wage earners and taxpayers.
Demographics: Millions of Americans identify as gay, lesbian, bisexual, or transgender, collectively known as LGBTQ+. The Q represents those identifying as queer or questioning their sexual identity, while the + includes others.
Discrimination: Members of the LGBTQ+ community have faced discrimination in hiring, education, public accommodations, and housing. Homophobia, stemming from various cultural and religious beliefs, has contributed to this discrimination, leading to violence such as the 1998 killing of Matthew Shepard.
Stonewall Incident: The growth of the gay rights movement was catalyzed by the 1969 police raid on the Stonewall Inn. Activists, such as Marsha P. Johnson and Sylvia Rivera, resisted the violence from police, leading to a significant mobilization within the LGBTQ+ community to protect civil rights and form advocacy groups.
Legal Landscape:
Early setbacks included the 1986 Supreme Court ruling in Bowers v. Hardwick, which allowed states to ban homosexual relations.
Romer v. Evans (1996) voided a Colorado amendment barring discrimination protections for gay men and lesbians.
In Lawrence v. Texas (2003), the Court overturned Bowers, declaring anti-sodomy laws unconstitutional.
In 2020, Bostock v. Clayton County affirmed that Title VII’s sex discrimination protections extend to LGBTQ+ employees.
Same-Sex Marriage:
The Defense of Marriage Act (DOMA) was enacted in 1996 to prevent states from recognizing same-sex marriages.
In 2013, the Supreme Court struck down Section 3 of DOMA as unconstitutional.
By 2015, the Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges, requiring states to license and recognize same-sex marriages.
The Court has also mandated equal treatment for married same-sex couples in cases like issuing birth certificates.
Transgender Rights:
The focus of LGBTQ+ rights has expanded to include transgender rights, with ongoing legal issues regarding bathroom access and military service. The Trump administration proposed restrictions on transgender individuals in these areas, signaling contentious legal battles ahead.
Definition & Purpose: Affirmative action involves efforts to increase employment, promotion, or admission for members of groups who have faced discrimination. It aims to achieve equal results rather than just equal opportunities.
Historical Context:
In 1965, President Lyndon Johnson signed an executive order prohibiting discrimination in federal contracts and required affirmative action plans to increase participation of minorities and women.
The University of California at Davis (UC-Davis) set aside spots for disadvantaged groups, leading to the landmark Supreme Court case, Regents of the University of California v. Bakke (1978), which revealed the complexity of affirmative action. The Court ruled Bakke should be admitted but allowed the use of race as one factor in admissions criteria.
Supreme Court Involvement:
In Grutter v. Bollinger (2003), the Court upheld the use of race as a factor in university admissions for promoting campus diversity.
Conversely, Gratz v. Bollinger (2003) struck down a quota-like system for undergraduate admissions at the University of Michigan.
Recent decisions, like Fisher v. University of Texas (2016), have upheld holistic admissions processes that consider race among various factors.
Arguments For Affirmative Action:
Supporters argue it provides necessary access and equalize opportunities for historically disadvantaged groups.
Proponents assert that merit is subjective and that societal privileges should be recognized and addressed.
Arguments Against Affirmative Action:
Opponents argue that it leads to reverse discrimination, favoring less qualified individuals over more qualified ones based on race or gender.
Many contend that merit should be the sole basis for opportunities, asserting that policies should not reinforce discrimination, even in the name of correcting past injustices.
Contemporary Issues:
Challenges related to affirmative action continue, reflecting societal divisions on race, gender, and equality.
Resistance to affirmative action policies has led some states to ban such programs, raising ongoing debates about their future and effectiveness.
Constitutional Basis:
The Constitution is silent on the issue of equality except in the Fourteenth Amendment, which forbids the states from denying "equal protection of the laws."
This provision has paved the way for major civil rights statutes and judicial rulings protecting the rights of minorities and women.
Empowerment of Minority Groups:
Civil rights laws and decisions have empowered minority groups to seek and gain additional rights.
Victories in civil rights advocacy have demonstrated the effectiveness of participation and mobilization in a democratic society.
Impact on Democracy:
The advancement of civil rights enhances democratic principles by ensuring that all citizens, regardless of race, gender, or other characteristics, have equal access to opportunities and protections.
It fosters inclusivity and representation within the political process, as more diverse voices contribute to national discourse.
Scope of Government:
The expansion of civil rights necessitates a broader role for government in enforcing laws and regulations aimed at protecting individual rights.
This increased scope can manifest through the implementation of policies that address inequality and discrimination, reflecting the government's responsibility to uphold the Constitution and promote social justice.
Equality as a Democratic Principle:
Equality is fundamental to democracy, ensuring that every citizen has one vote and that each person’s needs, interests, and preferences are equally valued.
Individual liberty is equally important but can conflict with equality.
Majority Rule vs. Minority Rights:
Equality favors majority rule since everyone’s wishes rank equally, leading to what seems to be the fairest policy outcome.
However, majority rule can potentially lead to the deprivation of minority rights. In such scenarios, equality may deny minority rights while liberty condemns such denial.
American Belief in Minority Rights:
Americans generally prioritize protecting minority rights against majority restrictions. Surveys indicate a robust belief in the importance of safeguarding minority rights in a democratic society.
Threats to Liberty Beyond Majority Rule:
Powerful political and social minorities can suppress both majorities and other minorities.
Historical contexts illustrate how entrenched customs and economic interests have perpetuated inequality, even when one group outnumbers another.
Gains from Other Democratic Rights:
African Americans and women have made significant advancements in equality even without the right to vote by utilizing their First Amendment rights.
The protection of voting rights in the 1960s dramatically shifted Southern politics, showcasing the democratic process as a vehicle for disadvantaged groups to advocate for their claims.
Historical Context:
The Founders might be perturbed by the extensive civil rights laws, which diverge from the eighteenth-century idea of limited government. However, they would expect the national government to ensure national cohesion.
The Civil War highlighted the inadequacies of the Constitution of 1787 in addressing critical issues like slavery that threatened the union.
Increased Government Scope:
Civil rights laws expand the government's scope and power by regulating the behavior of individuals and institutions.
Examples include:
Restaurant owners must serve all patrons regardless of race.
Professional schools must admit women.
Employers are required to accommodate people with disabilities and seek out minority workers.
Limits on Government and Protection of Individualism:
Civil rights laws, similar to civil liberties, represent limits on government authority and protect individual rights.
Much of segregation was legally enforced (de jure) by governments, showing the necessity of these laws.
The core idea of civil rights is that individuals should not be judged based on group characteristics, protecting individuals from collective discrimination.
Historical Evolution of Civil Rights Policy:
The line on government protection of civil rights has fluctuated throughout American history.
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Few Americans desire a return to the eras exemplified by Plessy v. Ferguson and Jim Crow laws, nor do they wish to revert to excluding women from the workplace.