...the idea of JFK to the logical conclusion of truly instituting affirmative action. There were speeches given and executive orders signed all designed to further the idea of affirmative action. The largest single act taken at the time to further this cause was the Civil Rights Act of 1964. This act forbids the act of discrimination of any type based on race, color, religion or a person’s national origin. After these acts and executive orders were signed the 70’s and 80’s brought about a slew of court cases all aimed at attempting to try and define the different aspects of affirmative action for the country both in the workplace and in academia. The first major court case on affirmative actions was “Regents of the University of California v. Bakke. This case helped to put some...
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...Ricci V. DeStefano was a case that was argued in the Supreme Court of United States on April 22, 2009 and ruled on June 29, 2009. In New Haven city, firefighters would undergo some tests as examinations, the results of which were used to determined whether someone had qualified for promotion to either Lieutenant or captain positions. The results of these tests showed that the white candidates performed better than the other minority candidates’ i.e. the blacks. This outcome sparked uproar among black candidates and local politicians who issued threats to the City. The city then discarded the results based on racial discrepancy. The white and Hispanic candidates, who had passed the exams but were not promoted, thereafter sued the City officials for throwing away the results basing their action as discrimination against their race according to Title VII of Civil Rights Act (1964). This racial discrimination case brought by the Hispanic and White firefighters was used by Ricci to challenge the decision reached by New Heaven’s city officials to use examination results to offer promotion to the firefighters. The much disputed examinations had the following procedures. The City’s rules for firefighters promotion was divided in to either the merit system or the firefighters union’s agreement. The merit system required the vacancy position be filled by one of the top three candidates who passed the examinations. The Union’s agreement required the tests to be both written and oral,...
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...the case of Brown vs. The Board of Education, which lead to a decision that, “separate educational facilities are inherently unequal” (http://www.watson.org/~lisa/blackhistory/early-civilrights/brown.html). The monumental impact of this case is still widely demonstrated today. The government policy of affirmative action is undoubtedly a useful tool in the efforts of the NAACP. In 1971 the NAACP backed the efforts of the case of Griggs vs. Duke Power Company; a decision was made that reflected the policy of fair treatment by affirmative action (lcrm.lib.unc.edu/blog/index.php/2012/03/08/remembering-griigs-v.-duke-power-company/). Today there are some who support the policy of affirmative action, and some who are opposed, and some who feel we needed affirmative action at one time but now are no longer in need of it. In 2009 the plaintiffs of the case of Ricci vs. DeStefano sued the city of New Haven, Connecticut alleging they were discriminated against in regards to promotion (http://.latimes.com/.../la-oe-westfaulcon24-2009apr24,0,554886.story). The plaintiffs passed a test for promotion, but because the African Americans did not have high enough scores the test was invalidated. Affirmative action is continually becoming a topic of reverse discrimination. The NAACP could...
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...Kailen Adgerson-Smith Women politics Term essay Sonia Sotomayor Sonia Maria Sotomayor was born June 25th 1954 in South Bronx new York . She was the oldest child of two. Her parenets were Juan and Celina (Baez) Sotomayor .The family moverd to the bronx in a projects where they were income family. Sotomayor ‘s Mother was a nurse and her father was a factory worker who died when she was 9 years old. When Sotomayor was young she loved watching the hit show “Perry Mason”. She wanted to be like Nancy Drew from the show and didn’t like the outcome of a verdict and decided she wanted to be a Attorney or Judge. “That was what I was going to be” said Sonia . When her father died , her mother worked harder and raised the children as a single parent. Her mother pressured her even more to go to college and always pushed education. Sonia remembered getting a set encyclopedia for a Christmas gift. She graduated from Cardinal Spellman High School in the Bronx in 1972 and went Princeton University. The young woman felt overwhelmed by her new school; after her first mid-term paper got a bad grade she decided she needed help in English and writing because her first language at home was Spanish . She worked with the university's discipline committee, where she started working on her legal skills. Sotomayor graduated summa cum laude from Princeton in 1976. She was also received the Pyne Prize, which is the highest academic award given...
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... |Workplace Application | |Employment Law | | | | | |Civil Rights Act of 1964 |Prohibit employment |Heart of Atlanta Motel v. United |To end racial segregation. |This means that a person should be | | |discrimination in hiring, |States (1964) in this case the motel | |hired because they are qualified for | | |compensation, and terms, conditions, |was operated by refusing | |the job and not based on their sex, | | |or privileges of employment based on |accommodations to blacks. | |race or national origin. | | |race, religion, color, sex, or |Ricci v. DeStefano (2009) arising | | | | |national origin. |from a lawsuit brought against the |...
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...Caso De EstudioGrigg Vs. Duque Resumen El Griggs contra Duke Power Company fue un caso histórico en relación con la discriminación en el lugar de trabajo. Duke Power Company era conocida por discriminar a los negros durante el proceso de contratación sólo por lo que les permite trabajar en el departamento de trabajo que es lo que era la posición mas baja remuneración. Después de la Ley de Derechos Civiles fue aprobada, obviamente, la empresa ya no se puede discriminar legalmente basada en la raza. Sin embargo, la compañía se convirtió en astuto y se requiere un diploma de escuela secundaria para el empleo. Esto, a su vez elimina una gran cantidad de pontenciales empleados negros, porque la mayoría de ellos no tienen el bachillerato. Esto realmente se convirtió en un problema cuando Griggs solicitó un puesto, pero se le negó porque no tenía un diploma de escuela secundaria. Este fue llevado hasta la corte suprema y falló a favor de Griggs por las siguientes razones; En primer lugar, el tribunal dictamió que la discriminación no tiene que ser intencional para estar presente. La discriminación puede ser ilegal, incluso cuando se aplica de manera uniforme a todo el mundo. Por lo tanto, en este caso, a pesar de que los diplomas de la escuela secundaria se requieren para todo el mundo, que dio a los individuos negros una desventja grave y, a su vez limita sus oportunidades de empleo. En segundo lugar, el tribunal dictaminó que las prácticas de empleo debe ser el trabajo...
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...widely regarded as legally, politically, and morally repugnant that they are taboo: The “q-word”[4] is rarely the subject of any serious debate, even by those who favor stronger civil rights protections for women and minorities. The related belief in the illegitimacy of ever pursuing numerically informed demographic balance – especially along lines of race or gender -- is gaining strength in the Supreme Court’s major antidiscrimination cases in the last several years.[5] It is widely accepted – even by civil rights advocates – that pursuing racial or gender balance as a goal, “for its own sake,” would be illegitimate.[6] This principle threatens the constitutionality of race-based affirmative action, which may meet its demise in Fisher v. Texas next Term. Meanwhile, in Europe, quotas have made a definitive comeback, as a way of pursuing gender equality. Legislative and constitutional transformations over the last few years have led to the adoption of various policies requiring gender parity quotas in positions of political and economic power. Gender balance is regarded not only as a justifiable and legitimate goal, but as a permanent and enduring...
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...employee and management development, and employee support programs.[2] The impetus towards affirmative action is to redress the disadvantages[3][4][5][6][7] associated with overt historical discrimination.[8] Further impetus is a desire to ensure public institutions, such as universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...GENDER-BASED AFFIRMATIVE ACTION AND REVERSE GENDER BIAS: BEYOND GRATZ, PARENTS INVOLVED, AND RICCI ROSALIE BERGER LEVINSON* I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. History Behind the Affirmative Action Race/Gender Anomaly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. The Circuit Split on the Race/Gender Conundrum . . . . . . . . . IV. Analogy to Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program...
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...United States v. Arizona: The Support Our Law Enforcement and Neighborhoods Act is Preempted and Discriminatory Melissa Goolsarran Table of Contents I. Introduction 1 II. Perspective: Immigration, Discrimination, and Limitations on State Laws 3 III. Background: United States v. Arizona 9 A. S.B. 1070 and the Legislature’s Justification 10 B. The Decision: United States v. Arizona 18 IV. Analysis: S.B. 1070 is Preempted by Federal Immigration Law and Also Discriminatory 23 A. The Ninth Circuit Court of Appeals Correctly found that S.B. 1070 is Preempted Because it Interferes with the Administration and Enforcement of Federal Immigration Laws 24 B. S.B. 1070 Discriminates on the Basis of Race or National Origin 32 V. Comment and Conclusion: Effects of the Arizona Law 36 I. Introduction The Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”) has been the subject of many debates for both its potential impact on federal immigration laws and discrimination against citizens and legal residents of Hispanic origin. The Arizona State Legislature passed S.B. 1070 to reduce the continuous rise in the number of illegal immigrants and alleged consequent rise in crime rates in the state. Among other provisions, the law requires officers to check a person's immigration status, criminalizes an alien’s failure to comply with federal registration laws and working without authorization, and authorizes warrantless arrests where there is probable cause...
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...3 Sources of Moral Obligation by Josephson Institute on February 14, 2011 A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical considerations, it is a moral duty. Often we think about moral duties in terms of rules that restrain us, the “don’ts,” as in don’t lie, cheat, or steal. Such rules comprise the so-called negative dimension of moral duty because they tell us what not to do. Since ethics is concerned with the way we ought to be, however, it also includes an affirmative dimension consisting of things we should do — keep promises, judge others fairly, treat people with respect, kindness and compassion. Sources of Moral Obligation Moral obligations can arise from three sources. The first, strangely enough, is law. 1. Law-Based Moral Obligations. Good citizens have a moral as well as a legal obligation to abide by laws; it is part of the assumed social contract of a civilized society. If a law is unjust, however, (such as those that mandated ethnic and religious persecution during the Nazi regime and those that discriminated against a person on the basis of race in South Africa and elsewhere) there may be a moral obligation to disobey it under the specific and demanding doctrine of civil disobedience. Many, but by no means all, of these moral standards of conduct are so fundamental to healthy social relations that they have been codified into laws. For example, most aspects of the moral duty to not endanger or harm others...
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