194194 Chapter 5 | Civil RightsWhat’s
Your
Take?
Should distinctions
between people
based on race, ethnic
status, gender, or sexualorientation be uniformly
prohibited? Or are
they OK under some
circumstances?Unpacking the Conflict
Considering all that we’ve discussed in this chapter, let’s apply what we know about
how civil rights work to the examples of profiling introduced at the beginning of this
chapter. Is it ever acceptable to treat people differently based on the color of their
skin, their ethnic status, their gender, or their sexual orientation, in a situation of racial
profiling or otherwise?
Enforcing civil rights means providing equal protection of the law to individuals
and groups that are discriminated against, which may include noncitizens and illegal
immigrants. Figuring out exactly when an individual’s civil rights have been violated can
be tricky. When does a routine traffic stop by a police officer turn into racial profiling?
To help figure that out, we now can answer the questions about possible civil rights
violations that introduced this chapter:· Scenario 1: On the one hand, the African-American teenagers who were pulled over by
the police may or may not have had their civil rights violated, depending on the laws in
their state. In Massachusetts, for example, it is prohibited to consider the “race, gender,
national or ethnic origin of members of the public in deciding to detain a person or
stop a motor vehicle” except in “suspect specific incidents.”^118 On the other hand, in the
scenario in which the police pulled over white teenagers, the traffic stop would have
been acceptable as long as there had been “probable cause” to justify the stop.
· Scenario 2: The Asian-American woman who did not get the job could certainly talk
to a lawyer about filing a “disparate impact” discrimination suit. Under the 1991 Civil
Rights Act, the employer would have the burden of proof to show that she was not a
victim of the good ol’ boy network.
· Scenario 3: The gay couple who could not rent the apartment because of their sexual
orientation might have a basis for a civil rights lawsuit based on the Fourteenth
Amendment. But this would depend on where they lived, given that there is no
federal protection against discrimination against gay men and lesbians (and the
Supreme Court has not applied the Fourteenth Amendment in this context).
· Scenario 4: Court decisions concerning affirmative action at the University of
Michigan and the University of Texas show that the white student who was not
admitted to the university of his choice would just have to take his lumps, as long as
the affirmative action program considered race as a general “plus factor” rather than
assigning more or fewer points for it (and the practice was allowed by his state).This review of civil rights in the United States has highlighted only some of the most
important issues, but a significant agenda remains. The civil rights movement will
continue to use the multiple avenues of the legislative, executive, and judicial branches
to secure equal rights for all Americans. Although this process may take many years,
history demonstrates that when public opinion becomes more supportive of diversity
and stronger civil rights, our political institutions support the views of the people.Full_06_APT_64431_ch05_148-197.indd 194 16/11/18 1:32 PM