Reverse
Discrimination
THE UNFAIR TREATMENT OF
MEMBERS OF MAJORITY
GROUPS(WHITES) CAUSED
FROM PREFERENTIAL
POLICIES, AS IN COLLEGE
ADMISSIONS OR EMPLOYMENT,
PROPOSED TO HELP
DISCRIMINATION AGAINST
MINORITIES.
Fullilove v Klutznick
Fullilove v. Klutznick, was a case in which the
United States Supreme Court held that the
U.S. Congress could constitutionally use its
power to past discrimination.
 Congress had passed a law that required that
at least 10 percent of federal funds given to
local public works programs should be used
for services or supplies for businesses owned
by minority group members.
 H. Earl Fullilove and other contractors decided
to sue, claiming they had been economically
harmed by the legislation congressed passed.
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Adarand Constructions v Pena was a case in which the
United States Supreme Court decided that federal
programs that classified people by race, even if it was to
extend opportunities for minorities, should be recognized
as unconstitutional.
This case allowed courts to apply criteria’s for the
affirmative action programs similar to those applied to
racial classifications.
This case did not get rid of affirmative action programs
but it did limit the impact they were intended to make.
This case also overturned the decision made in Fullilove v
Klutznick.
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University of California v Bakke was a case in which the
United States Supreme Court decided that a state university
could not admit less qualified individuals only because of
their race.
Allan Bakke sued Davis saying that the university had denied
him equal protection because of his race.
The court decided that the university did discriminate against
him because of his race. The court didn’t order UC Davis to
never again use race to admit there students. The court said
that they could adopt an admission program which race was
one factor of acceptance but had to be used fairly with other
elements. The school could not set aside spots for a certain
type of group.
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Affirmative Action is a policy for members of
some previously disadvantaged group.
Affirmative Action involves efforts to bring
about increased employment and promotion.
The goal is to move beyond equal
opportunities toward equal results.
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The case began in 1992, when Cheryl Hopwood
was denied admission to the University of
Texas Law School despite being better qualified
than many admitted minority candidates.
The Fifth Circuit Court of Appeals ruled in her
favor four years later. The court stated that the
14th Amendment forbids state universities from
using race as a factor in admissions. As a result,
The Supreme Court got rid of affirmative action
in admissions in Texas, Louisiana and
Mississippi.
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Preferential treatment is sometimes viewed as
reverse discrimination. It occurs whenever a
person receives a benefit because he or she is
of the "correct" race, gender, economic status,
religious affiliation or other categorization. An
employer may not be allowed by law to
discriminate against any applicant protected
under law, but he or she can still show
preferential treatment towards applicants who
meet certain unspoken standards.
Preferential treatment can also be translated
as a positive form of discrimination, in which a
person actually receives better treatment based
on his or her gender, race or age.
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This was a court case in North Carolina.
North Carolina had more than 84,000 students in schools during the 1960’s. 29%
were Negro; about 14,000 attended 21 schools that were at least 99% Negro.
The District Court ordered the school board to provide a plan for desegregation in
students and faculty.
They came up with various plans but could not agree to establish one, so the court
decided that if the board did not come up with one the one best one presented to
them would stay in place. To this day this is practice:
-Eliminate from the public schools all vestiges of state-imposed segregation. Equal
protection guarantees by Brown v. Board of Education
-School authorities’ obligation to offer remedies, the district courts gave the broad
power to fashion remedies that will assure unity in school systems.
-Title IV of the Civil Rights Act of 1964 does not restrict from the federal courts and
-their historic equitable remedial powers.
-Policy and practice with regard to faculty, staff, transportation, extracurricular
activities, and facilities are important to segregated system, and the first remedial
responsibility of school authorities is to eliminate racial distinctions in those
respects.
-The Constitution does not prohibit district courts from using their equity power to
order assignment of teachers to desegregation.
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Jennifer Gratz & Patrick Hamacher applied to
Michigan as residents of the State of Michigan,
but were rejected.
Filed lawsuit based on violation of EPC of 14th
Amendment.
The university implements a point system. This
point system is out of 100 points., and a minority
applicant was entitled to 20 extra points in their
admissions formula.
They would have qualified for admission if they
were minorities, but did not because they were
white
CASE
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In 1997, Barbara Grutter, a
white resident of Michigan,
applied for admission to the
University of Michigan Law
School. She was denied
admission
Grutter is a so-called "reverse
discrimination" lawsuit in
which the Center for
Individual Rights challenges
the affirmative action
program at the University of
Michigan Law School
REVERSE
DISCRIMINATION
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Barbara Grutter applied for
admission to the University of
Michigan Law School with a
personal right guaranteed by the
Constitution that she would not
have her race counted against her
The law school intentionally
disregarded that right by
discriminating against her on the
basis of race as it does each year in
the case of thousands of
individuals who apply for
admission
The law school defends its
practice of race discrimination as
necessary to achieve a diverse
student body.
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In November 1996, California voters passed the
California Civil Rights Initiative, more commonly
known as Proposition 209.
Prohibits the state, local governments, districts, public
universities, colleges, and schools, and other
government instrumentalities from discriminating
against or giving preferential treatment to any
individual or group in public employment, public
education, or public contracting on the basis of race,
sex, color, ethnicity, or national origin.