civRights2

## Civil Rights #2

## Overview

- Who are you protected from?
- How are you supposed to do anything about it?
- Why do protections grow and shrink?
- Rights of women
- Rights of disabled people
- Native Americans

## Who are you protected from?

- "State government" under 14th Amendment
- - Sex/race, not age!
  - People who act "on behalf" of state government

## Who are you protected from?

- "State government" under 14th Amendment
- - Sex/race, not age!
  - People who act "on behalf" of state government
- Federal Government Contractors

## Who are you protected from?

- "State government" under 14th Amendment
- - Sex/race, not age!
  - People who act "on behalf" of state government
- Federal Government Contractors
- Anybody Congress can regulate under the commerce clause
- - Civil Rights Acts (1866, 1964, 1991)

## How are rules enforced?

1. Criminal prosecution

## How are rules enforced?

1. Criminal prosecution
2. EEOC complaint
3. 1. Lawsuit for back pay and reinstatement
   2. Affirmative Action order.

## How are rules enforced?

1. Criminal prosecution
2. EEOC complaint
3. 1. Lawsuit for back pay and reinstatement
   2. Affirmative Action order.
4. Private lawsuit--financial compensation

## What about Affirmative Action?

- what is it?

## What about Affirmative Action?

- what is it?
- reverse discrimination

## What about Affirmative Action?

- what is it?
- reverse discrimination
- diversity policy and the University
- - Bakke's lawsuit & followups
- diversity in government contracting: quotas?

## Why do protections grow and shrink?

- Courts have limited government intervention in society
- Is protest necessary?
- - Need to "get attention"
  - Maybe if you don't have a good lawyer...
- Terrorism/violence usually "counter productive"

## Racial Minorities

- 14th shrank in response to Court decisions and politics
- Some protections won through legal action
- Biggest protections result from nonviolent action

## Rights of Women

- Long era of "protectionism"

## Rights of Women

- Long era of "protectionism"
- excluded from many professions

## Rights of Women

- Long era of "protectionism"
- excluded from many professions
- couldn't vote
- own property

## Equal Rights Amendments

- Remember the 14th Amendment?

## Equal Rights Amendments

- Remember the 14th Amendment?
- ERA proposed by Congress 1972. Failed.

## Equal Rights Amendments

- Remember the 14th Amendment?
- ERA proposed by Congress 1972. Failed.
- 1970s: Revival of 14th for women.
- - Sexual classifications no longer allowed by State without persuasive justification

## Women in the Labor Force

- Why do women earn less?
- - Job type
  - Skill
  - Discrimination

## Women in the Labor Force

- Why do women earn less?
- - Job type
  - Skill
  - Discrimination
- 1964 CRA included "sex" but...
- EEOC initially refused to pursue sex discrimination cases

## Women in the Labor Force

- Why do women earn less?
- - Job type
  - Skill
  - Discrimination
- 1964 CRA included "sex" but...
- EEOC initially refused to pursue sex discrimination cases
- 1991 CRA: restated 1866 CRA right to sue for $ damages for discrimination or sexual harassment.

## Higher Education

- Higher Educ. Act, Title IX (1972) Prohibit sex discrimination in fed. funded programs
- Rising emphasis on women's athletics
- Backlash in some states (California, Texas)

## Rights of disabled people

- 1973 Federal law prohibited discrimination by federal contractors
- - must not discriminate against an otherwise qualified person solely by reason of handicap

## Rights of disabled people

- 1973 Federal law prohibited discrimination by federal contractors
- - must not discriminate against an otherwise qualified person solely by reason of handicap
- 1990 Americans with Disabilities Act
- - extends protection to businesses and public accommodations (commerce clause)
  - requires reasonable accommodation

## Politics and Native American Rights

- Battle on 2 fronts
- - Tribal autonomy & relations with US/BIA
  - Opportunities within "mainstream" US
- State Government and the 14th amendment
- - Complicated peyote story