Civil Rights: Age Discrimination, Persons with Disabilities, Hispanics, Juveniles, Immigration, and all that Jazz!

Older Americans

Age Discrimination and Employment Act (1967)

• protects certain applicants and employments 40 years old and older from age discrimination in hiring, promotion, compensation, benefits/privileges
• enforced by Equal Employment Opportunity Commission
• forbids age discrimination in any aspect of employment
• NOT illegal to favor an older worker over a younger one
• If you're under 40, ADEA doesn't apply to you

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Age Discrimination Act(1975)

• Enforced by Civil Rights Center
• Applies to all ages
• Prohibits discrimination on basis on age for all programs which receive federal assistance

Americans with Disabilities Act (1990)

• extended protections of women and racial minorities to the disabled
• employment (can't be denied if reasonable accommodation won't cause undue hardship to employer)
• It applies to Congress too!
• government programs
• transportation
• public accommodation - full and equal access (max extent feasible)
• telephones (max extent feasible)

Supreme Court Limits to ADA

• restricted definition of "disability"
• Cases coming up!

Sutton v United Airlines

• Determination of disability should be made while considering the one's ability to lessen impairment through corrective measures
• So, if you have acute myopia but have glasses that correct your vision, you're not considered disabled.

Sutton v United Airlines

• Determination of disability should be made while considering the one's ability to lessen impairment through corrective measures
• So, if you have acute myopia but have glasses that correct your vision, you're not considered disabled.

Immigration

Sources of Immigration

• 2015: Immigrants + US born children now number 84.3 million = 27% of US population
• Rate of immigration is increasing
• India (179 k), China, Mexico
• 2016: Nearly 39,00 Muslim refugees

Bilingual Education

• Bilingual Education Act (1968)
• First legislation that recognized needs of students with limited English abilities
• provides school districts with federal funds to help ESL students (voluntary participation)
• revisions in 1974: Created National Advisory Council on Bilingual Education; school district required to have programs for limited english-speaking students regardless of federal funding
• cases (laud v nichols - same resources doesn't mean equality)
• equal education opportunity act of 1974 updated this

Views on immigration

• liberal - Support amnesty for those who enter illegally; illegal immigrants have the same rights as American citizens
• conservative - oppose amnesty, those who break the law don't have the same laws as those who enter legally; secure the borders

Juveniles

rights of children:civil/criminal proceeding

• an accused child must be segregated from accused adults
• must be treated in a way appropriate for a person of child's age (convicted or not)
• must be brought to trial as quickly as possible
• don't have right to bail or public trial

26th AMendment (1971)

• In WWII - age for draft was 18, but age to vote 21
• 1970 - amendment to Voting Rights Act - set minimum age of 18 for federal and state(Oregon v Mitchell) - Congress doesn't have the right to legislate age for state elections, only federal
• (Oregon v Mitchell) - Congress doesn't have the right to legislate age for state elections, only federal
• The amendment changed voting age to 18, applied to federal and state elections

illegal IMMIGRATION

• rate of illegal immigration has decreased and stabilized since 2008

Rights of aliens

• Their children can't be excluded from public school system
• First and Fourth Amendment applies!

How to become a naturalized citizen

• 5 years residency (3 if married to a citizen)
• continuous residency since filing
• good moral character
• attachment to constitutional principles
• be favorably disposed to the good order and happiness of US

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Bibliography

• textbook
• ALL OF THE INTERWEBS