Tuesday, DEC 16th

-relationship men and women

1)protectionism-the belief that women should be spared from lifes cruelties---served as basis for discrim.

-1873-S.C upheld Ilnois statue prohibiting women from law
-1908- S.C upheld Oregon work law limiting number of hours women could work
2) in most states women were denied right to vote until the movemnet for womens suffrage culminated into 19th amendment

3) the prohibiton of sex-based discrimination advocated through legislation
A.equal pay act-1963 required equal pay for men and women doing similar work.
B. title9- of civil rights act covered discrimination for gender

4) since 1970 the S.C has consistently sturnck down laws that discrimnate on basis of sex.
A. Craig v. Boren 1978: that gender distinctions could be justified only if they served some important purpose
B.intention is to end sexual steretyping
C. US v. VA 1996: court ruled that qualified women must be allowed in to VMI
-developed skeptical scrunitny- thatt requires parites who seek to defend gender-absed action to demostrate an "exceeding justification" for that action

Affirmative Action programs designed to eliminate effects of past discrimination agaisnt women and other minorities.

1)programs like recruitment, preference treatemen, quotas for women minorities and people with disablities

2) in reverse discrimination cases, protective programs discriminate agaisnt whites
-Univeristiy of CA v. Ballke (1978) the S.C agreed that he had been discriminated agaisnt bur reaffirmed use of affirmative action programs...while outlawing racial quotas

-In johnson v. transportation agency (1978) S.C upheld the use of programs but with lots of dissention
-tried to balance traditional employment practices and affirmative programs
-S.C decided that affirm. action programs do not oveerride traditonal rules unless actual discirmination can be demostrated.

3) the legitmacy of some forms came into question in 1990s
A. adarand constructions v. Pena- court declared that programs that award benefits based on race (set-asides for minority contractors) subject to "strict scruntiny" and must be narrowly tailored to mee a compelling govt interest
B. court sent case backc to the trial court for evaluation under strict scrutiny
C. CA voters affirmed a proposed state constituional amendment that would ban use of race sex color ehtinicity in public employment


TEST TOMORROWWWW!!