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Civil Rights

Civil Rights. A.P. U.S. Government & Politics. What are civil rights?. The privileges and rights guaranteed to an individual and are protected from limitation by government actions (laws) Guaranteed by the Equal Protection Clause in the 14 th Amendment. Historically.

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Civil Rights

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  1. Civil Rights A.P. U.S. Government & Politics

  2. What are civil rights? The privileges and rights guaranteed to an individual and are protected from limitation by government actions (laws) Guaranteed by the Equal Protection Clause in the 14th Amendment

  3. Historically Emancipation Proclamation- (1863) freed the slaves After the Civil War: the 13th Amendment-abolished slavery. https://www.youtube.com/watch?v=xh3-9R7Q0OE&feature=youtube_gdata_player *first step toward guaranteeing rights for African Americans 14th Amendment-defined citizenship to include former slaves, and provided for due process and equal protection 15th Amendment-extended suffrage to all males, regardless of race Response: Black Codes • Examples: literacy tests, poll taxes, grandfather clauses, registration laws, & white primary elections • Jim Crow laws designed to segregate schools & public facilities

  4. Court cases & Legislation Plessy v. Ferguson (1896) • Upheld Jim Crow laws that separate but equal facilities is constitutional Executive Order 9981 (1948) • Ordered the desegregation of the armed forces Brown v. Board of Education of Topeka, KA (1954) • Reversed Plessy v. Ferguson ruling separate but equal is unconstitutional Brown v. Board II • Ordered schools to be desegregated “with all deliberate speed” Heart of Atlanta Motel, Inc. v. United States (1964) • Clarifies that the Civil Rights Act of 1964 was to also be applied to public accommodations

  5. The civil rights movement Civil Rights Act of 1957 • Created the Civil Rights division within the Justice Department, and made it a crime to prevent a person from voting in federal Civil Rights Act of 1964 • Outlawed discrimination in voter registration • Prohibited discrimination in employment and places of public accommodation • Created the Equal Employment Opportunity Commission 24th Amendment • Outlawed poll taxes in federal elections Voting Rights Act of 1965 • Allowed federal registrars to register voters & outlawed literacy tests and other discriminatory tests in voter registration

  6. African Americans National Association for the Advancement of Colored People (NAACP) • Established in 1909 to lobby in Washington and publicize black grievances Strategies to Achieving Equal Rights • Mobilizing public opinion through dramatic events (Rosa Parks bus boycott & King’s March on Washington) • Peaceful violations of the law (sit-ins & freedom rides) • Violence & riots (The Black Panthers & Malcolm X)

  7. women The fight for women’s civil rights came out of their participation in the abolition movement in the 1840’s 19th Amendment • Gave women the right to vote The Equal Pay Act (1963) • Made it illegal to base an employee’s wages on race, gender, religion, or natural origin Civil Rights Act of 1964 • Banned job discrimination on the basis of gender Equal Employment Opportunity Act (1972) • Prohibited gender discrimination in hiring, firing, promotions, pay, and working conditions Title IX (1972) • Outlawed discrimination in educational programs, including athletic opportunities for females Equal Credit Opportunity Act (1974) • Prohibited discrimination against women seeking credit

  8. Sexual harassment Defined as any sexual behavior (physical or verbal) that creates a hostile work enviornment Two forms of harassment: Quid Pro Quo- sexual favors expected in return for employment/promotion Hostile Environment- creating a setting where harassment impairs a person’s ability to work

  9. Hispanic Americans • Hispanics are the fastest growing minority in America • Now the largest minority group in the U.S. • Civil rights action for Hispanics has focuses on: • -a plan for citizenship for the 12 million undocumented immigrants -health care -admission of more Hispanic students to college -redistricting plans that aren’t discriminatory to Hispanics

  10. Native Americans More than 2 million Native Americans live on reservations in the U.S. The Indian Gaming Regulatory Act (1988) allowed Native Americans to have casinos on their reservations

  11. People with disabilities • The Rehabilitation Act (1973) • Prohibited discrimination against people with disabilities in federal programs • The Education for All Handicapped Children Act (1975) • Guarantees that children with disabilities will receive an “appropriate” education • The Americans with Disabilities Act(1990) • Extends provisions under the Civil Rights Act of 1964 to those with disabilities • Businesses are required to provide reasonable accommodations for disabled employees and customers

  12. homosexuals • Prior to the 1970s, few people were willing to discuss their sexual preferences in relation to same-sex relationships. • Protected under the Equal Protection Clause of the 14th Amendment • 1996- Congress passed the Defense of Marriage Act (DOMA) • -a direct contradiction to the Full faith & Credit Clause allowing states the right to refuse to recognize gay marriages performed in other states • 2014- The Supreme Court shot down DOMA on the national level, agreeing to recognize legal same-sex marriages

  13. The elderly • Age Discrimination in Employment Act (1967) • Prohibits employers from discriminating against individuals over the age of 40 on the basis of age

  14. When is discrimination permissible? • The courts recognize that some forms of discrimination are valid • Example: must be 21 to drink, 18 to vote, etc. • Devised the rational basis test to determine if the discrimination has a legitimate purpose “OK” gender based differences: -all boy/all girl schools -widows’ property tax exemption -delayed promotions in the military -statutory rape NOT “ok” gender based differences: -age of adulthood -drinking age -arbitrary height/weight requirements -mandatory pregnancy leaves -Little League exclusion -Unequal retirement benefits

  15. Discrimination classifications • The court has a choice of 3 standards to apply in discrimination cases: • 1. Reasonableness Standard- the difference in treatment must be reasonable and not arbitrary • 2. Intermediate Scrutiny-a standard in between reasonableness and strict scrutiny • 3. Strict Scrutiny- drawing differences between groups of people based on race is inherently suspect, and not allowed (only applies to race, not gender)

  16. Affirmative action A policy designed to correct the effects of past discrimination based on race & gender A program that gives special preference to minorities and women in education admissions and employment Controversial: -argued as a means of reverse discrimination -equality of opportunity vs. equality of results? Race may be used as a factor is college admissions and hiring, but may NOT be the only factor Bakke v. University of California (1978)- racial quotas are not permissible, but race may be considered in admissions

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