Paul Johnson POLS 110 Civil Rights Part II

Overview
*  Enforcement Questions
*  Opportunities for women 
*  Affirmative Action
*  Rights of disabled people 
*  Native Americans 

Who are you protected from?
* 14th Amendment 
* "State government"
* People who act "on behalf" of state government
* Sex/race, not age! 
* Anybody Congress can regulate under the commerce clause 
     Civil Rights Acts (1866, 1964, 1991) 
* Rules of Federal Government for Contractors 

Its not just wrong. It’s a crime!
* Rodney King  Incident
* 18 US Code Sec. 242: crime for any person acting under state authority to willfully deprive person of Constitutional rights
* 1957: Pres. Eisenhower ordered DOJ enforcement of  1866 CRA
* 2000: FBI had 30 lawyers & 190 special agents on civil rights matters (75% involve police misconduct)

Sue the bastards
* Get financial compensation
* Back pay
* Job reinstatement
* File a complaint with EEOC 
* Investigate & negotiate
* File Lawsuit 
* Judge can order changes in hiring & management. 

Women in the Work Force
Sex in the CRA
* 1964 CRA included "sex" but...   EEOC  initially refused to pursue sex discrimination cases 
* NOW formed to pressure EEOC to include females

* 1991 CRA: restated 1866 CRA right to sue for $ damages for discrimination or sexual harassment. 

Rising Earnings of Women
* Median female earnings as % of Male earnings (DOL report 978, 2004)
* Note the gap closes
* 1979: 63%
* 2003: 80%
* Why do women earn less? 
* Job type 
* Skill 
* Discrimination 

If there’s discrimination…
* 2004: Morgan Stanley Settlement: $54 million for “failure to promote, unequal pay” for women (EEOC filed on behalf of  women at company)
* 2004: Abercrombie & Fitch: $50 million for “refusal to hire & promote on basis of sex & race” (1000s in class action)
* 2002 American Express: $31 million paid  (4000 in class action)

Higher Education
* Higher Educ. Act, Title IX (1972)  Prohibit sex discrimination in fed. funded programs 
* Interpreted as requiring equivalent institutional investment on men & women
* Rising emphasis on women's athletics, some men’s sports cut 

What is Affirmative Action?
* “equal opportunity”?
* Consider applicants without regard to race
* “equal outcomes”?
* Quotas? 
* “targeted opportunity”?

When are preferences allowed?

* Can we promise “equal opportunity”—yes!
* Can we hire a recruiter to contact certain kinds of workers?—yes 
* Can we pay more to certain kinds of people?—probably not
*  Can we have a “hiring quota”?—probably  not

So Few Men, Too much Time!
* Female U enrollment rapidly rising
* US DOE 
* 2005: 57.4% of students are female.
* 1975: 40% were female
* We need admissions & outreach to recruit men in Universities!

What can we do to help those poor boys?
* Allan Bakke’s lawsuit: Medical school cannot set aside seats for targeted minority groups
* But, race can be one of many elements considered in admissions.
* Quota not allowed unless absolutely required to fix historical pattern of discrimination.

U. Of Michigan Lawsuits (‘03)
* Diversity is a valid objective (compelling state interest) in admissions
* Race-based fixes must be “narrowly tailored” to achieve purpose
* Rejected: Undergraduate admissions gave automatic 20 points to minority group members. 
* Allowed: Law school makes individualized decisions, possibly considering race

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 
* Remember complicated peyote story