CRM/LAW C120 Lecture Notes - Lecture 2: Civil Rights Act Of 1964, Misogyny, Equal Protection Clause
6 Apr 2016
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Please refer to pages 60-61 for examples of hypothetical situations when the law is invoked to address inequality. Three basic elements to even think about asking the law to recognize a claim of inequality: 1) a claimable right. A right that gives you a certain form of treatment that others are entitled to as well. Need to identify: who, when, what: 3) proof that this act is discriminatory. Perhaps the trickiest of the three elements. ^^things that have been litigated: a claimable right there must be a constitutional right or a statutory right protecting the individual from discrimination or unequal treatment, examples: 2) ca constitution, section 8: a person may not be disqualified from entering or pursing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin. Discrimination per se is not illegal or unconstitutional the discrimination must be based on a characteristic that the law is particularly concerned to protect.
