Civil Rights Laws
Major Civil Rights Laws/Rulings
14th Amendment
• forbids the states from denying anyone “equal protection of the laws.” This clause in the 14th Amendment is the legal foundation for civil rights protections.
Civil Rights Act of 1964
• Title II forbids discrimination by private persons in public places (housing, restaurants, hotels, transportation, recreation areas etc.).
• Title VI prohibits discrimination by private persons and government agencies in all federally funded programs and activities. Federal grants & contracts may be withheld from violators
• Title VII forbids discrimination in the area of employment by private and government employers & empowers Justice Department to sue violators.
• Also banned gender discrimination in employment
24th Amendment
• ended the poll tax in federal elections
• Harper v Virginia Board of Elections (1966) – ended poll tax in state elections.
Voting Rights Act of 1965
• Prohibited any government from using voting procedures that denied the vote [or register] on the basis of race or color.
• Abolished literacy requirements.
Age Discrimination in Employment Act of 1967 (later amended)
• Prohibits employment discrimination against persons age 40 and over.
Open Housing Act of 1968
• Forbids discrimination in sale or rental of housing.
Education Act of 1972
• Title IX forbids gender discrimination in federally subsidized education
Pregnancy Discrimination Act of 1978
• Makes it illegal for employers to exclude pregnancy & childbirth from their health care plans.
Rehabilitation Act of 1973
• Added persons with disabilities to the list of those protected from discrimination.
Americans with Disabilities Act of 1990
• Requires employers and administrators of public facilities to make “reasonable accommodations” for the disabled.
• Prohibits employment discrimination against people with disabilities.
Note: Some states and municipalities also prohibit discrimination on the basis of sexual orientation but most do not, and neither Congress nor the Supreme Court (for the most part) have added sexual orientation to the many forms of discrimination prohibited by federal law.
Sample Protections
Cases are generally initiated by individuals or groups then are handled through the United States Department of Justice’s Division of Civil Rights. Possible courses of action may include requiring offenders to stop or change policies or actions, pay fines, pay other forms of monetary damages (including punitive), imprisonment, and/or community service.
Civics 2a, Grades 6-8
Students will understand that the concept of majority rule does not mean that the rights of minorities may be disregarded and will examine and apply the protections accorded those minorities in the American political system.
*Majority Rule - system in which the will of largest number of people decides issues, rules, or laws. Rule by more than half of those participating in a decision.
Civics 3a, Grades 6-8:
Students will understand that civil rights secure political freedom while property rights secure economic freedom and that both are essential protections for United States citizens.
*Civil Rights – rights belonging to a citizen or member of society regardless of race, sex, color, ethnicity, sexual orientation, religion or national origin; to receive equal treatment under the law. Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
|Supreme Court Tests |
|in Civil Rights Cases |
| | | |
|Unequal treatment based on race or |*Inherently Suspect Test |Unequal treatment based on race or |
|ethnicity. | |ethnicity is presumed to be |
| |Strictest standard. |unconstitutional. |
| |Such treatment is considered “inherently |The treatment can be permitted only if |
| |suspect.” |there is a “compelling public interest” & |
| | |no other way to achieve the goal. |
| | | |
|Unequal treatment based on gender. |*Intermediate Test |Unequal treatment based on gender is |
| | |considered neither constitutional nor |
| |Intermediate standard. |unconstitutional. |
| | |Must be an important purpose for the |
| | |treatment. |
| | | |
|Unequal treatment based on other |*Reasonableness Test |Unequal treatment based on “other” factors |
|classifications (e.g. age, wealth) | |must be related to a legitimate government |
| |Easiest standard to meet. |purpose. |
| |Such treatment must be considered |Challenges have to prove that the unequal |
| |“reasonable.” |treatment is arbitrary. |
Applying Protections
Sample Civil Rights/Majority Rule Case Studies
|Case |Is this a case where the|Is this a case in | |
| |majority is exceeding |which civil rights | |
| |its authority? Explain |are being violated? |What protections might be offered? |
| | |Explain | |
|Sample Case |PGA board (majority) | | |
|A physically disabled golfer is denied the |and it is denying equal |Yes? Right to equal |Require PGA to permit disabled |
|right to use a golf cart. |opportunity/access to |opportunity is |golfers to use carts. |
| |the disabled (minority).|denied. | |
|1. Voters in a state pass a state | | | |
|constitutional amendment that prevents local | | | |
|governments within a state from passing | | | |
|regulations designed to prevent discrimination| | | |
|based on sexual preference. | | | |
|2. A law is passed allowing women, but not | | | |
|men, to collect alimony. | | | |
|3. A law is passed creating a lower legal | | | |
|drinking age for women than men. | | | |
|4. A law is passed requiring men to be older | | | |
|than women to reach legal adult status. | | | |
|5. An airline adopts a policy requiring | | | |
|stewardesses to a certain height and weight. | | | |
|6. A company adopts a policy that requires | | | |
|pregnant women to take a leave of absence | | | |
|while they are pregnant. | | | |
|7. A company adopts a policy of not hiring | | | |
|pregnant women in order to protect the | | | |
|developing fetus. | | | |
|8. A university puts more money into its men’s| | | |
|athletic program than its women’s program. | | | |
|9. A company pays women less money than it | | | |
|pays men for the same job. | | | |
|10. Congress passes a draft law that requires | | | |
|men, but not women, to serve in the military. | | | |
|11. The army passes a regulation whereby women| | | |
|are prohibited from serving in ground combat. | | | |
|12. Male employees at a workplace repeatedly | | | |
|make unwanted sexual comments to a female | | | |
|employee. | | | |
|13. A student repeatedly makes unwanted sexual| | | |
|comments to another student. | | | |
|14. A university sets aside 16 out of 100 | | | |
|“seats” for minority students to be admitted | | | |
|to its medical school. | | | |
|15. A company adopts a policy in which it will| | | |
|not hire people over age 50. | | | |
|16. School administrators regulate a student | | | |
|newspaper. | | | |
|17. A restaurant fires a waiter who has AIDS. | | | |
|18. A new restaurant opens on the 2nd floor of| | | |
|a new building that has no elevators. | | | |
|19. A study shows that police are stopping | | | |
|cars driven by African-American males more | | | |
|frequently than cars driven by other | | | |
|motorists. | | | |
|20. African-Americans are denied entry into | | | |
|schools. | | | |
|21. A state passes a law requiring people to | | | |
|pass a literacy test as a condition for | | | |
|voting. | | | |
|22. A state passes a law requiring people to | | | |
|pay a “poll tax” as a condition for voting. | | | |
|23. Landlords refuse to rent apartments to | | | |
|African-Americans. | | | |
|24. Individuals refuse to sell homes to | | | |
|African-Americans. | | | |
|25. The government passes a law that blocks | | | |
|certain ethnic groups from immigrating into | | | |
|the United States. | | | |
|26. The government passes a series of laws | | | |
|designed to seize Native American lands | | | |
|27. Restaurant owners refuse to serve | | | |
|African-Americans. | | | |
|28. The luggage of every person who appears to| | | |
|be of Middle Eastern background is searched. | | | |
|29. African-Americans who apply for mortgage | | | |
|loans are turned down in unusually high rates.| | | |
|30. An individual paints swastikas on | | | |
|gravestones in Jewish cemeteries. | | | |
|31. A group of people slash the tires on | | | |
|automobiles parked outside of a Mosque. | | | |
Sources Used
Edwards, George C., Wattenberg, Martin P. and Lineberry, Robert L. Government in American: People, Politics, and Policy. 9th Edition. Longman. New York. 2000.
Hall, Kermit L. (ed.). The Oxford Companion to the Supreme Court. Oxford University Press. New York. 1992.
Hall, Kermit L. (ed.). The Oxford Companion to American Law. Oxford University Press. New York. 2002.
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