Chapter 5


Chapter 5: Civil Rights and Public Policy

• The Struggle for Equality• African Americans’ Civil Rights• The Rights of Other Minority Groups• Women and Public Policy• Other Groups Active Under the Civil Rights

Umbrella• Affirmative Action• Understanding Civil Rights and Public Policy• Summary


Chapter Outline and Learning Objectives

• The Struggle for Equality• LO 5.1: Differentiate the Supreme Court’s

three standards of review for classifying people under the equal protection clause.

• African Americans’ Civil Rights• LO 5.2: Trace the evolution of protections of

the rights of African Americans and explain the application of nondiscrimination principles to issues of race.



• The Rights of Other Minority Groups• LO 5.3: Relate civil rights principles to

progress made by other ethnic groups in the United States.

• Women and Public Policy• LO 5.4: Trace the evolution of women’s

rights and explain how civil rights principles apply to gender issues.



• Other Groups Active Under the Civil Rights Umbrella• LO 5.5: Show how civil rights principles

have been applied to seniors, people with disabilities, and gays and lesbians.

• Affirmative Action• LO 5.6: Trace the evolution of affirmative

action policy and assess the arguments for and against it.



• Understanding Civil Rights and Public Policy• LO 5.7: Establish how civil rights policy

advances democracy and increases the scope of government.

The Struggle for EqualityLO 5.1: Differentiate the Supreme Court’s three standards of review for classifying people under the equal protection clause.

• Conceptions of Equality• The Constitution and Inequality

To Learning ObjectivesCopyright © 2011 Pearson Education, Inc. Publishing as Longman


The Struggle for Equality

• Conceptions of Equality• Civil Rights – Policies protect people

against discrimination.• Equal opportunity – Same chance to use

their abilities and skills in order to succeed.• Equal results – Everyone should have the

same rewards such as earning the same salary or having the same amount of property.

To Learning Objectives

LO 5.1


The Struggle for Equality

• The Constitution and Inequality• Equality is not in the original Constitution.• 1st mention of equality is in the 14th

Amendment – Equal protection of the laws.


LO 5.1


LO 5.1


African Americans’ Civil RightsLO 5.2: Trace the evolution of protections of the rights of African Americans and explain the application of nondiscrimination principles to issues of race.

• The Era of Slavery• The Era of Reconstruction and

Segregation• Equal Education• The Civil Rights Movement and

Public Policy• Voting Rights



African Americans’ Civil Rights

• The Era of Slavery• Scott v. Sandford (1857) ruled that slaves

had no rights.• The Civil War (1861-1865) was fought

between 11 Southern States and the National Government.

• 13th Amendment (1865) was passed after the Civil War and it outlawed slavery.


LO 5.2



• The Era of Reconstruction and Segregation• Jim Crow Laws (1877–1954) made

separate facilities legal.• Plessy v. Ferguson (1896) ruled separate

but equal facilities were constitutional.


LO 5.2


LO 5.2




• Equal Education• Brown v. Board of Education (1954)

ruled school segregation inherently unconstitutional.

• Busing of students was a solution for the de jure segregation (by law) and de facto segregation (in reality).


LO 5.2


LO 5.2




• The Civil Rights Movement and Public Policy• Civil Rights Act of 1964 is the public

policy that made racial discrimination in hotels, motels, and restaurants illegal and that forbid many forms of job discrimination.


LO 5.2


LO 5.2




• Voting Rights• Suffrage is the legal right to vote.• Fifteenth Amendment extended suffrage to

African Americans.• Poll Tax – A small tax levied on the right to

vote.• White Primary – Only whites were allowed

to vote in the party primaries.


LO 5.2



• Voting Rights (cont.)• Smith v. Allwright (1944) ended the white

primaries.• 24th Amendment eliminated poll taxes for

federal elections.• Harper v. Virginia State Board of

Elections (1966) ruled no poll taxes at all.• Voting Rights Act of 1965 helped end

barriers to voting.


LO 5.2

The Rights of Other Minority GroupsLO 5.3: Relate civil rights principles to progress made by other ethnic groups in the United States.

• Native Americans• Hispanic Americans• Asian Americans• Arab Americans and Muslims



LO 5.3



The Rights of Other Minority Groups

• Native Americans• Indian Bill of Rights – Title II of the Civil

Rights Act of 1968 applied most of the provisions of the Constitution’s Bill of Rights to tribal governments.

• Santa Clara Pueblo v. Martinez (1978) strengthened the tribal power of individual tribe members and furthered self-government by Indian tribes.


LO 5.3



• Hispanic Americans• Hernandez v. Texas (1954) extended

protection against discrimination to Hispanics.• White v. Regester (1973) ruled no

multimember electoral districts in Texas.• Plyler v. Doe (1982) allows public education

for illegal immigrant children in Texas.


LO 5.3


LO 5.3




• Asian Americans• During World War II more than 100,000

Americans of Japanese descent were moved to internment camps.

• Korematsu v. U.S. (1944) upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II.


LO 5.3


LO 5.3




• Arab Americans and Muslims• Hamdi v. Rumsfeld (2004) provided

detainees the right to challenge their detention before a judge or other neutral decision maker.

• Boumediene v. Bush (2008) provided foreign terrorism suspects the rights to challenge their detention in U.S. courts.


LO 5.3

Women and Public PolicyLO 5.4: Trace the evolution of women’s rights and explain how civil rights principles apply to gender issues.

• The Battle for the Vote• The “Doldrums”: 1920–1960• The Second Feminist Wave• Women in the Workplace• Wage Discrimination and Comparable

Worth• Sexual Harassment• Women in the Military



Women and Public Policy

• The Battle for the Vote• The Seneca Falls Declaration of

Sentiments and Resolutions that was signed on July 19, 1848 was the beginning of the suffrage movement for women.

• Nineteenth Amendment is the constitutional amendment adopted in 1920 that guarantees women the right to vote.


LO 5.4



• The “Doldrums”: 1920–1960• Laws were designed to protect women,

and protect men from competition with women.

• Equal Rights Amendment first introduced in Congress in 1923


LO 5.4



• The Second Feminist Wave• Reed v. Reed (1971) ruled that arbitrary

gender discrimination violated 14th Amendment’s Equal Protection Clause.

• Craig v. Boren (1976) – Medium (intermediate) scrutiny standard established for gender discrimination.

• Equal Rights Amendment fails ratification by states in 1982.


LO 5.4



• Women in the Workplace• The Civil Rights Act of 1964 banned

gender discrimination in employment.• The Pregnancy Discrimination Act of

1978 made it illegal for employers to exclude pregnancy and childbirth from their sick leave and health benefits plans.


LO 5.4


LO 5.4




• Wage Discrimination and Comparable Worth• Median weekly earnings for women

working full time are only 80 percent those for men working full time.

• The 1st significant legislation that President Barack Obama signed was a 2009 bill outlawing discrimination in compensation.


LO 5.4


LO 5.4




• Women in the Military• Women make up about 14 percent of the

active duty armed forces.• Congress opened all the service

academies to women in 1975.• Only men may be drafted or serve in

ground combat.


LO 5.4



• Sexual Harassment• Prohibited by Title VII of Civil Rights Act of

1964.• Harris v. Forklift Systems (1993) ruled

that no single factor is required to win a sexual harassment case.

• Law is violated when workplace environment would reasonably be perceived, and is perceived, as hostile or abusive.


LO 5.4

Other Groups Active Under the Civil Rights UmbrellaLO 5.5: Show how civil rights principles have been applied to seniors, people with disabilities, and gays and lesbians.

• Civil Rights and the Graying of America

• Civil Rights and People with Disabilities

• Gay and Lesbian Rights



Other Groups Active Under the Civil Rights Umbrella

• Civil Rights and the Graying of America• Age classifications fall under rational basis

test.• Meacham v. Knolls Atomic Power

Laboratory (2008) ruled employer must show that action against a worker stems from reasonable factors other than age.


LO 5.5



• Civil Rights and People with Disabilities• Americans with Disabilities Act of 1990

requires employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination against these individuals in employment.


LO 5.5


LO 5.5




• Gay and Lesbian Rights• Defense of Marriage Act (1996) lets states

disregard same-sex marriages performed elsewhere.

• VT, MA, CT, NH, and IA have legalized same sex marriages.

• Lawrence v. Texas (2003) – Made private homosexual acts protected by the Constitution.


LO 5.5


LO 5.5


Affirmative ActionLO 5.6: Trace the evolution of affirmative action policy and assess the arguments for and against it.

• Affirmative Action• Policy designed to give special attention to

or compensatory treatment for members of some previously disadvantaged group.

• Regents of the University of California v. Bakke (1978)• Ruled that racial set asides were

unconstitutional, but can consider race in admissions.


Understanding Civil Rights and Public PolicyLO 5.7: Establish how civil rights policy advances democracy and increases the scope of government.

• Civil Rights and Democracy• Civil Rights and the Scope of

Government



Understanding Civil Rights and Public Policy

• Civil Rights and Democracy• Equality favors majority rule.• Suffrage gave many groups political power.


LO 5.7


Understanding Civil Rights and Public Policy

• Civil Rights and the Scope of Government• Civil rights laws increase the size and

power of government.• Civil rights protect individuals against

collective discrimination.


LO 5.7


LO 5.1Summary

• The Struggle for Equality• Americans have emphasized equal rights and

opportunities rather than equal results.• In the Constitution, only the Fourteenth

Amendment mentions equality.



LO 5.1Summary

• The Struggle for Equality (cont.)• To decide whether classifications in laws and

regulations abide with 14th Amendment’s equal protection clause, the Supreme Court developed three standards of review.

• Most classifications need only be reasonable, racial or ethnic classifications are inherently suspect, and gender classifications receive intermediate scrutiny.



Courts presume classifications based on race to be

A. constitutional

B. offensive

C. reasonable

D. inherently suspect


LO 5.1


LO 5.2Summary

• African Americans’ Civil Rights• Racial discrimination is rooted in the era of

slavery and persisted in an era of segregation.• Civil rights movement won victories through

civil disobedience and the Court rulings, beginning with Brown v. the Board of Education (1954).



LO 5.2Summary

• African Americans’ Civil Rights (cont.)• 1964 Civil Rights Act prohibited discrimination

in public accommodations, employment, and housing.

• 1965 Voting Rights Act prohibited discrimination in voting.

• African Americans’ struggle for civil rights led the way securing equal rights for all Americans.



Segregation was outlawed first in .

A. education

B. all areas

C. employment

D. housing


LO 5.2


LO 5.3Summary

• The Rights of Other Minority Groups• Native Americans, Hispanic Americans, Asian

Americans, and Arab Americans and Muslims have suffered discriminatory treatment.

• Each group benefited from the Court decisions and legislation of the civil rights era and have also engaged in political action to defend their rights.



Other minority groups and not just African Americans have also struggled for civil rights in .

A. voting

B. education

C. employment

D. all of the above


LO 5.3


LO 5.4Summary

• Women and Public Policy• In 1920, women won the right to with the

passage of 19th Amendment.• Women have successfully challenged gender-

based classifications regarding employment, property, and other economic issues.

• Issues remain like lack of parity in wages, participation in the military, and sexual harassment.



In Craig v. Boren (1976), the Supreme Court held gender discrimination to a

standard.

A. strict scrutiny

B. intermediate scrutiny

C. rational

D. least restrictions


LO 5.4


LO 5.5Summary

• Other Groups Active Under the Civil Rights Umbrella• Seniors and people with disabilities have

successfully fought bias in employment and have gained greater access to education and public facilities.

• Gays and lesbians have been more successful in areas such as employment and privacy than in obtaining the right to marry.



Which of the following is the standard for evaluating age discrimination claims?

A. the reasonableness standard

B. the medium scrutiny standard

C. the strict scrutiny standard

D. the employer’s bias standard


LO 5.5


LO 5.6Summary

• Affirmative Action• Affirmative action policies are designed to

bring about increased employment, promotion, or admission for members of groups that have suffered from discrimination.

• The Supreme Court has applied the inherently suspect standard to affirmative action policies and prohibited quotas and other means of achieving more equal results.



Which statement about affirmative action best reflects current Supreme Court precedent concerning quotas or set-asides?

A. They may be used in employment.

B. They may be used in education.

C. They may be used in both employment and education.

D. They are unconstitutional.


LO 5.6


LO 5.7Summary

• Understanding Civil Rights and Public Policy• Civil rights policies advance democracy because

equality is a principle of democratic government.• When majority rule threatens civil rights, the latter

must prevail.• Civil rights policies limit government discrimination

but also require active government effort to protect the rights of minorities.



The intent of civil rights laws is to promote values.

A. individualistic

B. traditionalistic

C. moralistic

D. democratic


LO 5.7


Text Credits

• U. S. Census Bureau, News Release, May 14, 2009. U.S. Department of Labor, Bureau of Labor Statistics, Women in the Labor Force: A Databook (2008 edition), Table 16.


Photo Credits

• 146: Francis Miller/Time Life/Getty• 150: AP Photos• 152: Bettmann/Corbis• 154: Bettmann/Corbis• 162: Reuters/Corbis• 163: Corbis Images• 167: AP Photos• 168: Mark Wilson/Getty Images• 173: Steve Rubin/The Image Works• 175: AP Photo• 177: Tom Cheney/The New Yorker Collection/www.cartoonbank.com

Chapter 5

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