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Importance of affirmative action
The Importance Of Affirmative Action
Importance affirmative action
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Introduction:
The case of Wygant v. Jackson Board of Education, 476 U.S. 267 (1986), is a case about whether race should be a factor in determining who should be let go in the event of a layoff. This case came together because the Jackson Board of Education agreed to add a clause that would protect minority employees in the event of a layoff to the Collective Bargaining Agreement. The question before the court is does this violate the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act, and If so, who should be protected the minority teachers or the nonminority teachers with more seniority?
The Facts:
In 1969, the NAACP complained to the Michigan Civil Rights Commission that the Jackson Board of Education “had engaged in various discriminatory practices, including racial discrimination in the hiring of teachers.” The Michigan Civil Rights Commission determined that the allegations in the complaint were justified, and negotiated an adjustment order where the Board agreed to “take affirmative steps to recruit, hire and promote minority group teachers and counselors as positions became available.”
In the years of 1970-1971, a study was made of the representation of minorities on the faculty of the Jackson public schools. A comparison was made of the percentage of minority teachers to the percentage of minority students in the district. Nearly 16% of the student body was made up of minorities, whereas minorities represented only 8.3-8.5% of the faculty. The collective bargaining agreement in effect at that time, mandated that straight seniority would govern (last hired, first fired) in the event of layoffs.
In the spring of 1972, contract negotiations began. The climate for negotiates was i...
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...dges had heard the case and agreed with the dissenting opinions. Therefore, I believe with others that when it comes to layoffs and affirmative action plans, businesses are best to address affirmative action plans with hiring goals and establish other means for determining layoffs such as performance ratings or skills/qualifications.
Works Cited
Cairns, R. J. (1988, 1 1). Wygant v. Jackson Board of Education - A Question of Layoffs. Retrieved 11 18, 2013, from Pace Law Review: http://digitalcommons.pace.edu/plr/vol8/iss1/4
Cornell University Law School. (n.d.). Retrieved 11 18, 2013, from Legal Information Institute : http://www.law.cornell.edu/suspct/html/historics/USSC_CR_0476_0267_ZO.html
Wygant v. Jackson Board of Education. (n.d.). Retrieved 11 18, 2013, from Wikipedia, the free encyclopedia: http://en.wikipedia.org/wiki/Wygant_v._Jackson_Board_of Education
Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)
Pagan writes a captivating story mingled with the challenges of the Eastern Shore legal system. This book gives a complete explanation backed up by research and similar cases as evidence of the ever-changing legal system. It should be a required reading for a history or law student.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
"Summary of the Decision." Landmark Cases Of The U.S Supreme Court. Street Law, Inc, n.d. Web. 1 Nov. 2013. .
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
Before the decision of Brown v. Board of Education, many people accepted school segregation and, in most of the southern states, required segregation. Schools during this time were supposed to uphold the “separate but equal” standard set during the 1896 case of Plessy v. Ferguson; however, most, if not all, of the “black” schools were not comparable to the “white” schools. The resources the “white” schools had available definitely exceed the resources given to “black” schools not only in quantity, but also in quality. Brown v. Board of Education was not the first case that assaulted the public school segregation in the south. The title of the case was shortened from Oliver Brown ET. Al. v. the Board of Education of Topeka Kansas. The official titled included reference to the other twelve cases that were started in the early 1950’s that came from South Carolina, Virginia, Delaware and the District of Columbia. The case carried Oliver Brown’s name because he was the only male parent fighting for integration. The case of Brown v. Board o...
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.
Smith, Alonzo N. “Project Essay” Separate is not equal: Brown v. Board of Education. URL: http://americanhistory.si.edu/brown/resources/pdfs/projectessay.pdf
The National Center For Public Research. “Brown v Board of Education, 347 U.S. 483 (1954) (USSC+).” Supreme Court of The United States. 1982 .
In the early 1960s, the Civil Rights Movement brought many accusations and complaints towards the Chicago Board of Education. Due to this pressure, the Board allowed three major studies of the Chicago public schools which clearly denoted the segregation problems of the school system, over a decade after the Supreme Court’s decision of the famous Brown v Board of Education case. The Hauser Report and the Havighurst Report, both published in 1964, described the “gross racial imbalance” in Chicago public schools, where “Negro schools” tended to be more overcrowded and experience more drop-outs and lower average scores than predominantly white schools (Coons 85). In 1967 the recently appointed Superintendent of the Chicago schools, James Redmond, created a committee that published the other major report on the public schools of Chicago in 1967, entitled Increasing Desegregation of Faculties, Students, and Vocational Education Programs. This report focused on the teaching climate of Chicago schools, the boundaries of schools districts, vocational education programs, and public understanding of current issues, “aimed at reversing a pervasive social condition that has become deeply rooted in our society” (Chicago Board 2).
The Brown vs Board of Education as a major turning point in African American. Brown vs Board of Education was arguably the most important cases that impacted the African Americans and the white society because it brought a whole new perspective on whether “separate but equal” was really equal. The Brown vs Board of Education was made up of five different cases regarding school segregation. “While the facts of each case are different, the main issue in each was the constitutionality of state-sponsored segregation in public schools ("HISTORY OF BROWN V. BOARD OF EDUCATION") .”
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Many challenges had to be faced during the Civil Rights movement of the 1950’s; one of those challenges being the case of Brown v. Board of Education, which tested the ruling in the case of Plessy v. Ferguson back in the year 1896 proclaiming segregation to be constitutional as long as it was “separate but equal”. In this particular case, Thurgood Marshall claimed that forcing African Americans to used separate education facilities was violating the 14th Amendment which gave the right of equality to all citizens under the law of the United States.
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.