Beverly Alfreide-Victor EDU 674 Dr. Borgen June 24, 2014

1. Beverly Alfreide-VictorEDU 674Dr. BorgenJune 24, 2014 Objective: Explain in detail the civil rights laws (1866 to present) which confer substantive right to protect citizens against discrimination.

2. What are Civil Rights? Civil rights are a class of rights that protect individuals’ freedom from infringement by governments and private organizations, and ensure one’s ability to participate in the civil life of the state without discrimination or repression.

3. Civil rights ensures protection from discrimination of: • Race • Gender • National origin • Color • Sexual orientation • Ethnicity • Religion • Disability

4. Civil rights also include individual rights such as: • Privacy • Freedoms of thought and conscience • Speech and expression • Press • Assembly • Movement

5. Civil Rights act of 1866 The Civil Rights Act of 1866 granted citizenship and the same rights enjoyed by white citizens to all male persons in the United States “without distinction of race or color, or previous condition of slavery.

6. Civil rights act of 1871 The Civil Rights Act of 1871 also known as the Ku Klux Klan Act is a United States federal law that prohibits ethnic violence against blacks from the Ku Klux Klan by providing a civil remedy for abuses then being committed in the South.

7. Civil rights act of 1875 This act protected all Americans, regardless of race, in their access to public accommodations and facilities such as restaurants, theaters, trains and other public transportation, and protected the right to serve on juries. However, it was not enforced, and the Supreme Court declared it unconstitutional in 1883. Reason: Act was found unconstitutional on the basis that the Act regulated actions of private companies rather than actions of the state governments.

8. Plessy v. Ferguson1896 • Facts Plessy (P) attempted to sit in an all-white railroad car. After refusing to sit in the black railway carriage car, Plessy was arrested for violating an 1890 Louisiana statute that provided for segregated “separate but equal” railroad accommodations. Those using facilities not designated for their race were criminally liable under the statute. • Court Decision Plessy was found guilty on the grounds that the law was a reasonable exercise of the state’s police powers based upon custom, usage, and tradition in the state. Plessy filed a petition for writs of prohibition and certiorari in the Supreme Court of Louisiana against Ferguson, asserting that segregation stigmatized blacks and stamped them with a badge of inferiority in violation of the Thirteenth and Fourteenth amendments. The court found for Ferguson and the Supreme Court granted cert.

9. True or False “All men are created equal”appears in the Constitution of the United States. False: Only appears in the Declaration of Independence-a document that has no real legal power. The closest thing to the word or concept of "equality" in the Constitution is found in the Fourteenth Amendment. Added to the Constitution in 1868, this amendment contains a clause stating that "no state shall . . . deny to any person within its jurisdiction the equal protection of the laws."

10. Brown V. Board Of Education1954 Took 58 years to overturn Plessy v. Ferguson. Facts: In 1951, a class action suit was filed against the school board of Topeka, Kansas. The plaintiffs were thirteen Topeka parents on behalf of their twenty children. The suit called for the school district to reverse its policy of racial segregation. • Court Decision The race-based segregation of children into “separate but equal” public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional. Education in public schools is a right which must be made available to all on equal terms.

11. Civil rights act of 1957 • No civil rights act had been introduced into America for 82 years. • This law was Congress’s show of support for the Brown v Board of Ed decision to end segregation. • The administration of Eisenhower proposed legislation to protect the right to vote by African Americans. It aimed to increase the number of registered black voters and stated its support for such a move.

12. Civil rights act of 1960 • Federal law established inspections of local voter registration polls and introduced penalties for anyone who obstructed someone's attempt to register to vote. • It was designed to deal with discriminatory laws and practices in the segregated South. • Extended the life of the Civil Right Commission- oversee registration and voting practices. • Signed by Eisenhower to eliminate loopholes left by the Civil Rights Act of 1957.

13. Civil Rights act of 1964 • Signed by President Lyndon B. Johnson. • Outlawed discrimination based on race, color, religion, sex, or national origin. • Ended unequal application of voter registration requirements and racial segregation in schools, at the workplace, and by facilities that served the general public. • Origin of the bill came from J.F.K. –in his civil rights speech in ‘63. which he asked for legislation "giving all Americans the right to be served in facilities which are open to the public—hotels, restaurants, theaters, retail stores, and similar establishments", as well as "greater protection for the right to vote".

14. Voting rights act of 1965 • Act is considered to be the most effective piece of civil rights legislation ever enacted in the country. • Signed by L.B.J., prohibits discrimination in voting. Designed to enforce the voting rights guaranteed by the 14th and 15th amendment to the U.S. constitution. The act allowed for a mass enfranchisement of racial minorities throughout the country, especially in the South.

15. Age Discrimination act 1967 • The Age Discrimination in Employment Act of 1967 as the (ADEA) • Protects individuals who are 40 years of age or older from employment discrimination based on age. • Applies to both employees and job applicants. • Unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. • The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older. • The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.

16. Civil acts rights of 1968 • The Civil Rights Act signed into law in April 1968. • Known as the Fair Housing Act–prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin and sex. • Intended as a follow-up to the Civil Rights Act of 1964 • Was passed quickly by the House of Representatives in the days after the assassination of civil rights leader Martin Luther King Jr. The act stands as the final great legislative achievement of the civil rights era.

17. Shelley v. Kraemer, 1948 • Facts: White home owners in a neighborhood in St. Louis, Missouri, entered into a private agreement called a restrictive covenant. This agreement barred the sale of homes within their neighborhood to African Americans. In 1945, Mr. and Mrs. Shelley, an African-American couple, moved to St. Louis and purchased a home on Labadie Avenue, in violation of the agreement. Mr. and Mrs. Kraemer, a white couple who lived on Labadie, sued the Shelleys. • Court Decision: The U.S. Supreme Court ruled that enforcement of restrictive covenants violates the 14th Amendment. If the state court or state law enforcement officials attempted to enforce the restrictive covenant, they would be denying the Shelley’s right to equal protection of the laws, and therefore violating the U.S. Constitution.

18. Education amendments 1972 • Also known as the Higher Education Amendments of 1972. • Prohibits discrimination on the basis of sex in educational institutions receiving federal aid. The Bill states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

19. Vocational Rehabilitation Act of 1973 • Correct the problem of discrimination against people with disabilities in the U.S. • Affirmative action to hire individuals with a mental or physical disability. • Employers must make reasonable accommodations for disabled employees, it does not mean they must hire unqualified individuals. • Additional sections of the Act states to provide vocational counseling, training assistance and job placement for individuals with severe disabilities.

20. Equal Educational Opportunities Act(EEOA) 1974 • Signed by president Nixon • Nixon declared that this act would “require that every state or locality grant equal educational opportunity to every person, regardless of race, color, or national origin.” • Prohibits discrimination against faculty, staff, and students, including racial segregation of students, and requires school districts to take action to overcome barriers to students’ equal participation.

21. Lau V. Nichols1974 • Facts Civil rights case that was brought by Chinese American students in San Francisco, California who had limited English proficiency. The students claimed that they were not receiving special help in school due to their inability to speak English. • Court Decision Ruled in favor of the students and resulted in expanding the rights of students nationwide with limited English proficiency. Courts stated that these students should be treated with equality among the schools, violated the 14th amendment. Courts also viewed that language based discrimination is effectively a proxy for national origin discrimination.

22. Rehabilitation Act of 1973 • Signed by President Nixon • prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. • Replaces the Vocational Rehabilitation Act • Extend and revise the authorization of grants to states for vocational rehabilitation services, with special emphasis on services to those with the most severe disabilities. Section 504 ( Civil rights statute for individuals with disabilities) “No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency.”

23. Civil rights restoration act of 1987 • Legislative act which specified that recipients of federal funds must comply with civil rights laws in all areas, not just in the particular program or activity that received federal funding. • Restore the broad scope of coverage and to clarify the application of title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964. • Addresses the applicability of federal non-discrimination laws to corporations or institutions.

24. Grove City Vs. Bell 1984 • Facts Grove City College sought to preserve its institutional autonomy by refusing federal financial assistance, but its students did receive federal financial aid that they then used to attend the college. Title IX prohibits sex discrimination in any education program or activity that receives federal funds. • Court Decision: In this case, the U.S. Supreme Court held that the student financial aid constituted indirect federal funds received by the college, but since those funds went only the financial aid program, that was the only part of the college covered by Title IX. Supreme Court held that only the financial aid office of college would be subject to Title IX if the students received federal grants.

25. Americans with disabilities act 1990 (ADA) • Prohibits discrimination based on disability. • Similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin and other characteristics illegal. • This bill was intended to give broader protections for disabled workers, cannot discriminate against a “qualified individual with a disability”.

26. Civil rights act of 1991 • Signed by President George H. W. Bush • Congress amended the Civil Rights Act of 1964 • Effort to strengthen federal civil rights laws, to provide for damages in employment discrimination cases. • Provided for the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages, while limiting the amount that a jury could award.

27. Employment Non-discrimination act (ENDA)1994 • Prohibits discrimination in hiring and employment on the basis of sexual orientation or gender identity by employers with at least 15 employees. (excludes religious organizations) • Bill protects the LGBT employees • Origin of the law came because of the callback gap that resulted among openly gay men and transgender individuals that applied for jobs in certain states. • Only 17 states and the District of Columbia have laws prohibiting employment discrimination based on sexual orientation and gender identity. Some states that don’t follow ENDA- Texas, Arizona, Alaska, Georgia, Mississippi, Alabama, North Carolina. • EEOC- Equal Employment Opportunity Commission. Federal law enforcement agency, that enforces laws against workplace discrimination. n 2011, the Commission included "sex-stereotyping" of lesbian, gay, and bisexual individuals as a form of sex discrimination illegal under Title VII of the Civil Rights Act of 1964. n 2012, the Commission expanded protection provided by Title VII of the Civil Rights Act of 1964 to transgender status and gender identity.

28. Scenerio A transgender substitute teacher in Texas said she has been told she should not return to her classes, after parents complained about her. Laura Jane Klug, who was born Kurt Klug, worked as a fifth grade substitute teacher at Lumberton Intermediate School, but was asked not to return after some of the students' parents contacted the school. Parents were complaining that a transgender teacher poses a distraction to ten and eleven year old students. Klug said they suspended her pending a decision by the school board on whether to continue using her as a substitute teacher. Klug said that she has substituted at the school without any issues before and she's unsure what instigated the outrage. "I have always conducted myself in a professional manner and would never discuss my gender identity in school," Klug said.

29. Questions • Group 1 Did the school violate any civil right laws? • Group 2 Can Ms. Klug file suit on the basis of sex discrimination? • Group 3 • What steps do you think the school board has to make to legally fire Ms. Klug?

30. Answers • Did the school violate any civil right laws? Yes, they violated the ENDA, Title VII of the Civil Rights Act of 1964. • Can Ms. Klug file suit on the basis of sex discrimination? Texas state law does not protect employees based on their sexual orientation or identity. But can file a complaint to the EEOC. • What steps do you think the school board has to make to legally fire Ms. Klug? Can be terminated for appropriate non-discriminatory reasons, can claim that teacher is a distraction to the learning environment, etc.

31. References McPherson, Edward (2003, Dec) 1866 Civil Rights Act. Retrieved from: http://www.pbs.org/wgbh/amex/reconstruction/activism/ps_1866.html Legal Case Review (2010) Civil Rights Acts. Retrieved from: http://civilrights.uslegal.com Head, Tom (2014) History of the Civil Rights Era. Retrieved from: http://civilliberty.about.com/od/raceequalopportunity/ig/History-of-Black-Civil-Rights/Civil-Rights-Era--1954-1968-.htm Shmoop Editorial Team. (2008, November 11). Equality and the Constitution. Retrieved June 23, 2014 from http://www.shmoop.com/equal-protection/equality-constitution.html Summary of Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896). Retrieved from http://www.lawnix.com/cases/plessy-ferguson.html Human Rights Campaign (2014, June). Employment Non-Discrimination Act.Retrieved from: http://www.hrc.org/laws-and-legislation/federal-legislation/employment-non-discrimination-act Disability (

32. References • Summary of Brown v. Board of Education of Topeka, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954). Retrieved from: http://www.lawnix.com/cases/brown-board-education.html • Johnson signs Civil Rights Act. (2014). The History Channel website. Retrieved 5:34, June 23, 2014, from http://www.history.com/this-day-in-history/johnson-signs-civil-rights-act. • "GROVE CITY COLLEGE v. BELL,(June 19, 2014) The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1983/1983_82_792. • Judicial learning center Team. (2012). Civil Rights and Equal Protection. Retrieved from :http://judiciallearningcenter.org/civil-rights-and-equal-protection/