| Cases and Resources
Chapter 43: Discrimination
What Is
Discrimination?
Discrimination Based
on Race
Discrimination
Based on National Origin and Citizenship Status
Discrimination Based
on Gender
Discrimination
Based on Sexual Orientation
Discrimination Based on
Age
Discrimination
Based on Disability
Housing Discrimination
State and
Local Laws Against Discrimination
Plessy
v. Ferguson
Read about the 1896 Supreme Court case allowing “separate
but equal” facilities for black and white people. From
this page, you may also link to the full text of the decision
or read related resources. Learn more about this case by exploring
the resources on landmarkcases.org.
Brown
v. Board of Education
Read about the 1954 Supreme Court decision that reversed Plessy
v. Ferguson. From this page, link to the full text
of the decision or read related resources. Take an in-depth
look at this case by exploring the resources on landmarkcases.org.
The
Civil Rights Act of 1964
Explore the full text of the Civil Rights Act of 1964.
This act is the first major legislation to resolve discrimination
issues during the civil rights movement. What does this act
protect?
The
Civil Rights Act of 1968
Read the full text of the Civil Rights Act of 1968.
What does this act protect?
Civil
Rights: An Overview
Learn more about the civil rights movement and the area of
civil rights law. Read about the issues over which civil rights
lawyers and policy-makers debate and legislate.
What
is Discrimination?
Types
of Discrimination
The U.S. Department of Justice handles many civil rights issues.
Review this page providing examples of numerous types of discrimination,
including discrimination due to race, age, disability, or
nationality. Click on the type of discrimination to learn
more. This site also instructs people how to file a complaint
if they feel they have been victims of discrimination.
Equal
Protection: Overview of Tests
There are three different tests used by courts to determine
if the Fourteenth Amendment has been violated. Read an overview
of the Fourteenth Amendment and review when each test is applied.
Click on the resources on the right side of the screen to
read about cases and explore related resources.
Levels
of Scrutiny
Deciding which of the three different tests to apply to a
case depends on the type of discrimination involved. Read
this review of the three different tests and which types of
discrimination fall under each test. Click on the significant
cases to read decisions by the Supreme Court for each test.
Church
of Lukumi Babalu Aye v. Hialeah
Read about the Supreme Court case applying the strict scrutiny
test to a town’s law forbidding animal sacrifices in
response to a religious group. From this page, you may also
read the full text of the decision, listen to the oral arguments,
or browse related resources.
Craig
v. Boren
Read about the Supreme Court case applying the substantial
relationship test to a state law distinguishing between males’
and females’ ages to legally purchase beer. From this
page, read the full text of the decision, listen to the oral
arguments, or browse related resources.
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Discrimination
Based on Race
The
Basics of Racial Discrimination
Learn the basics of discrimination based on race. What are
the ways a victim of racial discrimination can get help?
Race
Relations
Issues of race relations have long been a part of American
politics and society. Explore a collection of articles about
different racial struggles and racial relations over U.S.
history and today.
Reverse
Discrimination
There are some people that believe in the concept of “reverse
discrimination.” This describes discrimination against
people who have traditionally been the ones in power in the
United States. Read this article about one white male suing
his employer for reverse discrimination.
Arlington
Heights v. Metropolitan Housing Corp.
Read about the Supreme Court case upholding a zoning law that
denied the construction of townhouses for low- and moderate-income
tenants. From this page, read the full text of the decision,
listen to the oral arguments, or browse related resources.
Re-segregation:
Busing
As part of an effort by towns to diversify school populations,
many students are bused to schools in other towns. Read about
this practice. This site contains video clips of students
and young people speaking about their own opinions on busing.
Listen to these opinions and decide which arguments are strongest.
Race and Education
Learn more about race and discrimination in connection with education. This site links you to articles on segregation, single-sex education, disparities in educational funding based on race, and current information as well. You can also listen to programs or browse through materials designed to teach about race and education.
Affirmative Action
Discrimination based on race is a problem that some believe
affirmative action will remedy. Learn more about what affirmative
action means and what arguments support and oppose affirmative
action programs. You can listen to programs, read articles,
or use teacher materials designed to learn about affirmative
action.
Youth
Radio: Busing
Read about the experience of one student who participated
in a busing program. How does this person feel about busing
to different schools?
Baton
Rouge Battling Desegregation
This article describes the decades-old battle of one Louisiana
city to desegregate the school system. Read how the case evolved
over the years and what solutions have been offered.
Keyes
v. School District No. 1
Read the Supreme Court case dealing with intentional or unintentional
segregation in Denver public schools. From this page, you
may also read the full text of the decision, listen to the
oral arguments, or browse related resources.
Freeman
v. Pitts
Examine the Supreme Court case dealing with racial segregation
in DeKalb, Georgia. What did the Court decide? What was the
basis for this decision?
School
Mascots
There are many groups that are offended by school mascots
that may stereotype or make a caricature of an ethnicity or
race. In particular, Native Americans often protest sports
teams that use “Indians” as a mascot. Explore
this article concerning mascots and discrimination.
Support
for Affirmative Action
Consider this position supporting affirmative action programs.
What are the most compelling arguments for considering race
as a factor when hiring or deciding to admit students to a
specific school?
Americans
Against Discrimination and Preferences
Explore this collection of news articles and opinions opposing
affirmative action programs. What are the most compelling
arguments for not considering race as a factor when hiring
or deciding to admit students to a specific school?
Affirmative
Action Under Attack
The Washington Post provides an article describing both sides
of the affirmative action debate and the key points of each
position. Read through this feature to learn more about why
affirmative action is such a hotly contested issue.
Hopwood
v. Texas
The University of Texas provides a compilation of court documents,
briefs, and opinions as well as related articles and documents
concerning the debate over the university’s affirmative
action program.
Regents
of the University of California v. Bakke
This 1978 Supreme Court case found the University of California’s
affirmative action admissions program at the medical school
to be unconstitutional. From this page, read the full text
of the decision, listen to the oral arguments, or read related
resources. You may take an in-depth look at this case at landmarkcases.org.
Grutter
v. Bollinger
Read about the 2003 Supreme Court case allowing the use of
race in law school admissions at the University of Michigan.
From this page, read the full text of the decision, listen
to the oral arguments, or browse related resources.
Gratz
v. Bollinger
Explore about the 2003 Supreme Court case striking down the
University of Michigan’s undergraduate affirmative action
program. From this page, read the full text of the decision,
listen to the oral arguments, or read related resources.
Federal
Laws and Job Discrimination
There are federal and state protections against discrimination
in the workplace. Review federal laws that protect you from
job discrimination and learn about employment discrimination
by exploring answers to frequently asked questions such as
how to sue for employment discrimination, what kinds of cases
involve employment discrimination, and whether you can be
fired for filing an employment discrimination complaint.
Title
VII of the Civil Rights Act of 1964
Explore the full text of the act prohibiting discrimination
in employment based on race, color, sex, religion, or national
origin.
United
Steelworkers of America v. Weber
Read the 1979 Supreme Court case upholding a temporary affirmative
action program to increase the number of minority steelworkers.
From this page, you may also read the full text of the decision,
listen to the oral arguments, or browse related resources.
Richmond
v. J.A. Croson Co.
Read about the Supreme Court case striking down a town’s
affirmative action program to award construction contracts
to minority construction companies. From this page, you may
also read the full text of the decision, listen to the oral
arguments, or browse related resources.
Piscataway
Board of Education v. Taxman
Explore the outcome of this case that was settled before it
reached the Supreme Court. What facts should have been considered
in choosing which teacher to lay off?
A
Case of “Diversity”
Read about the people involved in Taxman v. Piscataway.
Do you agree with the Court’s decision?
Federal
Voting Rights Laws
Learn more about the development of voting rights laws in
the federal government. Begin with an introduction of federal
voting rights laws, what voting was like before the Voting
Rights Act of 1965, and how voting has changed since the passage
of this act.
Gerrymandering
Racial groups that are underrepresented in voting districts
often are not heard. Gerrymandering, the act of redistricting
that changes the composition of a district, can be illegal
if it is used just to change the concentration of votes in
order to achieve a certain political outcome. However, racial
gerrymandering may be easier to justify in court.
Miller
v. Johnson
Take a closer look at the 1995 Supreme Court case described
in your text in “The Case of the Oddly Shaped Voting
District.” From this page, you may also read the full
text of the decision, listen to the oral arguments, or browse
related resources.
Recognizing
Collective Rights
Recognizing collective rights of groups sharing a common culture,
race, ethnicity, religion, or language may give that group
more power to fight for its interests. Read a statement by
a human rights conference recognizing the collective rights
of indigenous Pacific people. What rights are recognized?
The
Rights of Indigenous Peoples
Collective rights often arise when discussing the human rights of indigenous peoples of specific regions. Explore this discussion of collective rights and the rights of indigenous peoples from the Indigenous Peoples' Human Rights Initiative.
Slavery
Reparations
Examine the latest opinions and news stories related to reparations
for descendants of enslaved people in the United States. After
you have read several articles, identify the major arguments
supporting those who oppose and those who support reparations.
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Discrimination
Based on National Origin and Citizenship Status
Facts
About National Origin Discrimination
Review information about national origin discrimination from
the United States Equal Employment Opportunity Commission.
In what ways does national origin discrimination occur in
the workplace?
Federal
Protections Against National Origin Discrimination
Learn about federal laws that protect you from discrimination
based on national origin. Protections exist in housing, employment,
education, and other areas.
Discrimination:
Immigration Status
Unions may also protect members against discrimination based
on immigration status. Read the information provided by one
of the country’s largest unions on how to recognize
and handle citizenship status discrimination.
Plyler
v. Doe
Read about the 1982 Supreme Court case described in your text
in “The Case of Educating the Children of Undocumented
People.” From this page, read the full text of the decision,
listen to the oral arguments, or browse related resources.
Discrimination
in Response to September 11, 2001
Discrimination against persons of Middle Eastern descent arose
in response to the terrorist acts carried out by men of this
national origin. Read the U.S. Department of Justice’s
response in an effort to protect the rights of victims of
national origin discrimination.
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Discrimination
Based on Gender
History
of the Women’s Rights Movement
Explore a time line of women’s struggles to obtain equality
with men. What issues have women addressed in the past?
The
Equal Rights Amendment
The Equal Rights Amendment (ERA) still has many supporters,
despite its failure to be ratified as part of the Constitution.
Learn more about what this amendment would mean to women’s
rights.
The
Equal Pay Act of 1963
Read the full text of the Equal Pay Act. Are women
paid the same amount as men for equivalent jobs?
The
Glass Ceiling
The term “glass ceiling” is often used to refer
to women’s struggle to reach comparable status of men
in the business world. This article describes the glass ceiling
and how it has evolved as women’s rights in society
have changed.
Women's Rights
Although the rights of women have changed dramatically over
the last few decades, there are many issues that women face
today. Read an extensive list of resources concerning women
in athletics, women in the military, women in the workforce,
and the societal difficulties that concern women.
United
States v. Virginia
Read about the 1996 Supreme Court described in your text in
“The Case of the Single-Sex School.” From this
page, read the full text of the decision, listen to the oral
arguments, or browse related resources. You may also read
a news article describing what it was like to be one of the
first
women at VMI.
Facts
About Sexual Harassment
Take a closer look at the facts about sexual harassment in
the workplace. How does federal law protect men and women
from sexual harassment?
Legal
Definitions of Sexual Harassment
Enhance your understanding of the difference between quid
pro quo sexual harassment and hostile environment sexual harassment.
This description contains an explanation of each concept as
well as examples.
Chronology
of Sexual Harassment Law
Read a time line of the development of sexual harassment laws.
In what year did legislation begin concerning sexual harassment?
Oncale
v. Sundowner Offshore Services
Read the 1998 Supreme Court case applying sexual harassment
to same-sex harassment as well as opposite-sex harassment.
From this page, read the full text of the decision, listen
to the oral arguments, or browse related resources.
Burlington
Industries v. Ellerth
This 1998 Supreme Court case allowed recovery of damages from
an employer even when sexual harassment does not obviously
interfere with performing a job but the employer did nothing
significant to stop the harassment. From this page, you may
also read the full text of the decision, listen to the oral
arguments, or browse related resources.
Title
IX: What It Changed
Read a description of Title IX and how this legislation changed
education and school activities for women.
Gender
Equity in Sports
Examine the actual text of Title IX, articles describing the
law, and legal actions based on Title IX.
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Discrimination
Based on Sexual Orientation
Facts
About Discrimination Based on Sexual Orientation or Family
Status
Take a closer look at how federal law protects victims of
discrimination based on sexual orientation or family status.
Discrimination
Against Gays and Lesbians: Human Rights Watch
Learn about discrimination in the United States against gay
and lesbian people. This site contains informational articles
as well as current news stories.
State
Laws Concerning Discrimination Against Gays and Lesbians in
the Workplace
Review information regarding federal, state and local laws banning discrimination against gay and lesbian people. Does your state or town
have such a law? What do the laws protect?
Same-Sex
Marriage and Civil Unions: Both Sides
Read about same-sex marriage and discrimination. After you
have considered both positions, decide if you think denying
same-sex marriages is a form of discrimination.
Employment
Non-Discrimination Act
Learn more about the Employment Non-Discrimination Act. This
act, proposed to prohibit discrimination against homosexual
or bisexual individuals, has not passed. Read the arguments
that both support and oppose this act.
Romer
v. Evans
Read about the 1996 Supreme Court decision finding a Colorado
amendment to the state constitution unconstitutional. From
this page, you may also read the full text of the decision,
listen to the oral arguments, or browse related resources.
Lawrence
and Garner v. Texas
This 2003 Supreme Court case found a state law forbidding
specific types of consensual sex between same-sex adults to
be unconstitutional. From this page, you may also read the
full text of the decision, listen to the oral arguments, or
browse related resources.
Boy
Scouts of America v. Dale
Read the decision in the 2000 case permitting the Boy Scouts
of America to fire a Boy Scout assistant scoutmaster because
he was gay. What was the reasoning behind the Court’s
decision? From this page, read the full text of the decision,
listen to the oral arguments, or browse related resources.
Public
Agenda
Visit the Web site maintained by the organization Public Agenda.
This is an excellent place to learn about controversial public
issues. Visit the page on gay rights issues to learn more
about past and current debates.
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Discrimination
Based on Age
Facts
About Age Discrimination
The Equal Employment Opportunity Commission provides facts
about age discrimination. What are the legal responsibilities
of employers that post openings for job positions or employers
that offer specific benefits to employees?
Administration
on Aging
Besides discrimination in the workplace, aging persons in
the United States confront discrimination issues in housing,
medical care, and other areas of life. Read about the issues
facing elderly people today and what efforts are being taken
by this federal government agency to address these issues.
Americans
for a Society Free from Age Restrictions
Discrimination based on age can happen to young people. Sometimes
it is unclear which laws are meant to protect all people from
age discrimination, or only elderly people. Browse information
from an organization dedicated to removing age restrictions
for youth from areas such as housing, voting, and alcohol.
Massachusetts
Board of Retirement v. Murgia
Read about the Supreme Court case described in your text in
“The Case of the Forced Retirement.” From this
page, you may also read the full text of the decision, listen
to the oral arguments, or browse related resources.
Age
Discrimination in Employment Act of 1967
Read the full text of the Age Discrimination in Employment
Act. How does this law protect people from age discrimination?
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Discrimination
Based on Disability
Americans
with Disabilities Act
Explore the full text of the Americans with Disabilities
Act. What changes have been made in this law through
amendments?
Americans
with Disabilities Act: Questions and Answers
The Americans with Disabilities Act protects people
with disabilities in the workplace. Read through questions
and answers regarding this legislation. How does this act
protect people?
Rehabilitation
Act of 1973
Read the full text of the Rehabilitation Act of 1973.
What did this early legislation accomplish in protecting people
with disabilities from discrimination?
Americans
with Disabilities
In addition to handling issues related to the Americans
with Disabilities Act (ADA), the federal government provides
information concerning many topics related to living with
disabilities. Browse through this Web site for the ADA
and learn more.
Individuals
with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA)
made many changes in the American education system for students
with various types of disabilities. From this page, read the
full text of the IDEA, browse related documents,
and learn about how this law is applied to schools.
Hendrick
Hudson Central School District v. Rowley
Examine the full text of the Supreme Court decision described
in your text in “The Case of the Student with a Disability.”
What did the Court decide, and what reasons were used to support
the Court’s opinion?
Bradgon
v. Abbott
Read the Supreme Court case described in your text in “The
Case of the Dentist and His HIV-Infected Patient.” From
this page, you may also read the full text of the decision,
listen to the oral arguments, or browse related resources.
PGA
Tour v. Martin
Read the Supreme Court case described in your text in “The
Case of the Golfer and His Golf Cart.” From this page,
you may also read the full text of the decision, listen to
the oral arguments, or browse related resources.
Architectural
Barriers Act of 1968
Read the full text of the Architectural Barriers Act of
1968. This law requires that public building be made
accessible for people with disabilities, such as those confined
to wheel chairs or the blind.
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Housing
Discrimination
Discrimination
and Fair Housing
This article describes different types of discrimination that
may occur when a person seeks housing. Learn about each type
and the rights of tenants and landlords.
The
Fair Housing Laws
Read the full texts or summaries of the Fair Housing Act
of 1968, amendments to the Fair Housing Act,
and various other pieces of legislation meant to protect people
from discrimination in all types in housing situations. Click
on the additional resources to explore publications on housing
discrimination or learn how to file a complaint.
Fair
Housing
There are many organizations that try to help people learn
about their rights in housing discrimination cases. Visit
this Web site to find information describing the different
types of discrimination in housing and how some people have
fought back.
Community
Reinvestment Act of 1977
Read the full text of the Community Reinvestment Act of
1977. This law ensures that banks will make loans to
fund low-income housing. Why is this law important in preventing
housing discrimination?
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State
and Local Laws Against Discrimination
State
Laws and Sexual Orientation
Use this map to compare and contrast the state laws protecting individuals from discrimination based on sexual orientation. Does your state have a statute regarding this topic?
Council
on Size and Weight Discrimination
Americans are growing in size, and issues surrounding discrimination
based on size and weight are also increasing. Take a closer
look at how federal and local laws are addressing such forms
of discrimination.
Personal
Appearance Rules
Some companies demand that employees follow a certain dress
code or regulations regarding appearance. This article explains
how rules regulating the appearance of employees are allowed
in some cases, but found unconstitutional in other cases.
State
Laws: Marital Discrimination
Review this chart of states comparing laws based on marital
status. Is it ever appropriate to distinguish between married
and unmarried people when making a state law?
National
Association of Mother’s Centers
Discriminating against people due to family responsibility,
such as the responsibility to raise and care for children,
can happen in the workplace or other venues. Explore this
site dedicated to defending mothers from discrimination based
on their responsibility to children.
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