SOCIOL 2309 Lecture 5: Equal Protection Issues (10.04)

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Background of affirmative action: major employment laws. Take affirmative action to ensure applicants are employed and that employees treated fairly during employment without regard to race, color, sex, religion or national origin . 50 or more employees doing ,000 or more in contracts with federal government. Programs (ofccp: no mandated but employers must prove they are trying and give a plan. Affirmative action: anti-discrimination = cannot discriminate against in opportunities, affirmative action = make amends for past wrongs by giving opportunities. Is affirmative action just reverse discrimination : morally justified b/c past wrongs. Can become part of legal argument if compelling state interest: academically . 1960s rationale: means of redress for african americans for prior exclusion. Today"s rationale: increase diversity to enhance learning (and match societal makeup: legal issues. Title vii of civil rights act: in practice. Top 10% from each graduating class admitted (doesn"t take rigor of school into account: university of california v. bakke (1978)

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