Ricci V. Destefano

The last decade has produced an explosion of racial employment discrimination lawsuits. These lawsuits have resulted in record-breaking settlements. By federally mandating every business to review the history, impact and proposed policy of Article VII these lawsuits may subside. Reviewing Title VII is a step corporate America must soon make or continue to loose much needed revenue. Our team will discuss the history of Title VII, the impact of Title VII in the workplace, who is and who is not covered under Title VII as well as propose policies that companies should have in place to avoid Title VII violations.

Equality concerns are fundamental to our lives as human beings. Each human being has a natural engagement with what equality requires and a capacity to make arguments about seeming inequality of treatment. In the context of Sumner’s case, the principle of equality before the law- as opposed to what the principle requires- is beyond question. The principle of equality, and specifically equality before the law, provides an obvious element from which to reflect the treatment of people who come before the law. The law is not to make any distinction between rich or poor, race or religion, male or female. In the eyes of the law, all are equal. When placed on the court floor citizens should be looked at exactly the same; equivalent before the law and as humans entitled without any discrimination to equal protection of the law. However, since law creates classes with special rights and

In Ricci v. DeStefano there were a group of firefighters who took a written exam for promotion in the New Haven, CT fire department. When the results were tallied, more white firefighters passed or did better on the exam than black firefighters, which would have led to a disproportionate number of white candidates getting promoted. As a result of this, the City of New Haven, CT Fire Department, threw the exam out and no one was promoted. This went to the Supreme Court and they found that by discarding the exams, the City of New Haven violated Title VII of the Civil Rights Act of 1964 (website).

The landmark case of Plessy v. Ferguson is a Constitutional case in which it had to be decided who the constitution meant when it said "all men are created equal." Brown v. The Board of Education is the reason for diversity in schools. These cases are very important to our constitution and to the people being governed by the constitution because it decided the fate of our nation and of our people. They show the degree of federalism and how much attention the government devoted to it. The amendments in the constitution do not apply to a simple race nor ethnicity. Throughout history laws have been made and destroyed at the cost of colored

It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of “all” citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems

Case Summary: Grutter v. Bollinger, 539 U.S. 306 (2003) involved a white Michigan resident named Barbara Grutter and the University of Michigan Law School. Grutter was frustrated by her rejection from the Law School, claiming that the University’s decision was due to a discriminatory admission policy which sought to enroll greater amounts of underrepresented minority students. Grutter believed that white candidates possessed a disadvantage due to this policy and she sued the university. According to Grutter, race was the “predominate factor” in selecting applicants instead of academics. She argued that the policy was unconstitutional and that it violated her 14th Amendment rights.

There has been a long struggle for the equality of races built from blatant racism and the belief that one race is superior over the other. In some events there has been concern over constitutional rights being ignored creating inequality favoring whites over blacks. The Supreme Court Case of Plessy v. Ferguson in 1896 and Brown v. Board of Education in 1954 both dealt with black American citizens who felt discriminated against based on their race. Plessy v. Ferguson had determined that “separate but equal” was fair, but Brown v. Board challenged the previous ruling on racial equality and decided separate could never be equal.

In the history of the United States Supreme Court, there are a multitude of cases that have left an indelible mark in the tapestry of American history, culture, and society. Among these landmark disputes may be found issues as divisive as reproductive health, fundamental economic freedoms, the power of the Supreme Court and, of course, race. Among these, Dred Scott v. Sanford occupies a special place. Often called as the “worst decision made by the Supreme Court”, Dred Scott v. Sanford provided an impetus for slavers to continue an injustice that had existed since the colonial era . By deciding the way it did, the United States Supreme Court also created a divide between the northern and southern states – a divide so great that it eventually led to the American Civil War. Such an enormous effect on the sentiment of the times warrants a closer look at the decisions of the justices involved in the Dred Scott decision. Doing so will also shed light into the intricate logic behind the justices’ decisions – essentially the reasons why they concurred or dissented from the main opinion written by Chief Justice Roger B. Taney. The process of interrogating the Supreme Court’s interpretation of the Constitution will also reveal the fundamental societal sentiment regarding slavery and African Americans at the time.

In America we are constantly reminded of the idea of freedom and equality for every individual. It is not commonly acceptable to base a person’s stature in the community from their race, class, religion, or sexuality. The most powerful act that brought forth new standards of civil rights and equality privileges was the fourteenth amendment. One of the most highlighted aspects mentioned within the document is that no state shall “deprive any person of life, liberty, or property without due process of law; nor deny any person… the equal protection of the laws.” This simple statement has made an impact in today’s society. The equal protection of the law primarily draws from and requires equal treatment for all citizens in the United States, but

“It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never

The Plessey ruling truly embodied the overarching racial attitudes of the Southern United States in the Post-Reconstruction era. With the ratification of the 13th, 14th, and 15th Amendments slavery had been abolished and Constitutional precedents were established that would seemingly pave the way for Americans of all races to begin to achieve equality. It is stated in the 14th that all citizens shall not have their basic civil rights infringed upon without due process of the law, and it is also stated that all citizens are guaranteed equal protection under the law. At first view, such measures should have eliminated official racist practices, yet racism prevalent throughout the United States and blacks were still considered to be inferior to whites. Many Americans, especially in the South, sought to continue current racist practices. Yet state segregation laws and other official racist practices needed a strong legal backing, and the Plessey decision provided exactly that. By establishing that segregation would be allowed if conditions were “separate but equal” whites throughout the country were given the precedent they needed to ensure blacks remained inferior. Although the decision claims that “equality”

In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.

The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the

When addressing legal issues of diversity in the modern day era, one main topic is brought to discussion, affirmative action. It was put into place by the federal government in the 1960’s and was initially developed to close the gap in relation to the privileged majority and the unprivileged minority in America (Aguirre Jr. & Martinez, 2003). While it has been controversial since its origin, it remains controversial as critics argue it tries to equalize the impact of so many

Sicilian judge Antonino Di Matteo is one of the most threatened - and protected - men in Italy.