Civil Rights and Civil Liberties Unit 8 ReviewDiscrimination & Protected Classes

Key Concepts and Definitions

• Discrimination involves treating individuals differently based on their membership in a particular group or class
• Disparate treatment is intentional discrimination where an individual is treated less favorably due to a protected characteristic
• Disparate impact occurs when a neutral policy or practice has a disproportionately negative effect on a protected group
• Protected classes are groups of individuals who are legally protected from discrimination based on certain characteristics (race, color, religion, sex, national origin)
• Equal protection under the law is a constitutional principle ensuring that all individuals are treated equally by the government
  • Guaranteed by the 14th Amendment to the U.S. Constitution
  • Applies to both state and federal governments
• Affirmative action refers to policies designed to promote diversity and address past discrimination by providing opportunities to underrepresented groups

Historical Context

• Discrimination has been a persistent issue throughout U.S. history, particularly against racial and ethnic minorities, women, and religious groups
• Slavery and segregation were legal forms of discrimination against African Americans until the mid-20th century
  • Dred Scott v. Sandford (1857) ruled that African Americans were not U.S. citizens and had no legal rights
  • Plessy v. Ferguson (1896) upheld the constitutionality of racial segregation under the "separate but equal" doctrine
• Women were denied the right to vote until the passage of the 19th Amendment in 1920
• Japanese Americans were forcibly interned during World War II based on their national origin
• The Civil Rights Movement of the 1950s and 1960s fought to end legal discrimination and segregation
  • Led to the passage of landmark legislation (Civil Rights Act of 1964, Voting Rights Act of 1965)

Legal Framework

• The U.S. Constitution provides the foundation for anti-discrimination laws through the Equal Protection Clause and the Due Process Clause
• Federal legislation, such as the Civil Rights Act of 1964, prohibits discrimination in various contexts (employment, housing, education, public accommodations)
  • Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, or national origin
  • Fair Housing Act (1968) prohibits discrimination in housing based on protected characteristics
• State and local laws may provide additional protections against discrimination
• International human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), also address discrimination

Types of Discrimination

• Racial discrimination involves treating individuals unfavorably because of their race or color
  • Examples include racial profiling, housing discrimination, and employment discrimination
• Sex discrimination occurs when an individual is treated differently based on their sex or gender
  • Includes sexual harassment, unequal pay, and discrimination in hiring or promotions
• Religious discrimination involves treating individuals unfavorably due to their religious beliefs or practices
  • Includes refusing to accommodate religious practices or imposing religious requirements
• Age discrimination occurs when an individual is treated less favorably because of their age
  • Prohibited by the Age Discrimination in Employment Act (ADEA) for individuals 40 years and older
• Disability discrimination involves treating individuals unfavorably because of a physical or mental impairment
  • Americans with Disabilities Act (ADA) prohibits discrimination and requires reasonable accommodations

Protected Classes

• Race and color are protected classes under federal law, prohibiting discrimination based on an individual's race or skin color
• National origin refers to an individual's birthplace, ancestry, or cultural background and is a protected class
• Religion is a protected class, ensuring individuals are not discriminated against based on their religious beliefs or practices
• Sex is a protected class, prohibiting discrimination based on an individual's biological sex or gender identity
  • Pregnancy is also protected under sex discrimination laws
• Age is a protected class for individuals 40 years and older in the context of employment
• Disability is a protected class, prohibiting discrimination based on physical or mental impairments
  • Includes individuals with a history of a disability or perceived to have a disability

Landmark Court Cases

• Brown v. Board of Education (1954) overturned Plessy v. Ferguson and declared racial segregation in public schools unconstitutional
• Griggs v. Duke Power Co. (1971) established the disparate impact theory of discrimination, ruling that neutral practices with a disproportionate impact on protected classes are unlawful
• Roe v. Wade (1973) recognized a constitutional right to privacy and struck down laws prohibiting abortion, impacting women's reproductive rights
• Regents of the University of California v. Bakke (1978) upheld the constitutionality of affirmative action in higher education admissions but ruled against racial quotas
• Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, extending equal protection to LGBTQ+ individuals

Current Issues and Debates

• Affirmative action policies in education and employment continue to be controversial and face legal challenges
  • Some argue that affirmative action is necessary to address past discrimination and promote diversity
  • Others claim that affirmative action is a form of reverse discrimination and violates equal protection
• Racial profiling and police brutality against racial minorities have sparked nationwide protests and calls for reform
• LGBTQ+ rights, including protection from discrimination in employment, housing, and public accommodations, remain a contentious issue
  • Bostock v. Clayton County (2020) ruled that Title VII protects individuals from discrimination based on sexual orientation and gender identity
• Intersectional discrimination, which occurs when an individual faces discrimination based on multiple protected characteristics, is an emerging area of focus

Enforcement and Remedies

• The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws in the workplace
  • Investigates complaints of discrimination and can file lawsuits on behalf of victims
• The Department of Housing and Urban Development (HUD) enforces the Fair Housing Act and investigates housing discrimination complaints
• Individuals can file private lawsuits to seek remedies for discrimination, such as monetary damages or injunctive relief
  • Class action lawsuits allow multiple plaintiffs to join together in a single case
• Affirmative action plans and diversity initiatives are proactive measures to prevent discrimination and promote equal opportunities
• Education and training programs aim to raise awareness about discrimination and foster inclusive environments