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Margaret H. Peaslee
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Paper Presented at the 21st SVU World Congress,
Plzen, Czech Republic, June 23-30, 2002
TITLE:
Equal Opportunity in Education
and Employment:
Past, Present, and Future in a
Free Society, the United States of America
AUTHOR:
Margaret H. Peaslee, Ph.D.
| Part One - The
Historical Perspective: Time Line of Significant Legislation and
Supreme Court Decisions in the USA |
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On
July 4, 1776, delegates of the Thirteen Colonies adopted the Declaration
of Independence, severing the relationship between the colonies and Great
Britain. That document says, "We
hold these Truths to be self-evident, that all Men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty, and the Pursuit of Happiness."
That document, written by white males of European origin, assured their
status. The rest of us had to fight for our Rights.
Over the course of the next eleven years, the Confederation Congress
hammered out the Constitution of the United States of America, and it
became effective on June 21, 1788. The Constitution appeared to be more
inclusive by beginning with the words, "We
the People. . ."
Through the years, however, there has been much debate about just who
"WE"
really are.
Two years later Congress transmitted Amendments to the state
legislatures and these first ten Amendments, called the Bill of Rights,
were ratified effective December 15, 1791.
Even before the Declaration of Independence was adopted, the question
had been discussed: "Whence
arises the Right of the men to govern women without their consent?"
The new nation made women citizens, but in some situations, referred to as
coverture, the married woman's
status and citizenship were acquired through her husband.
In 1792 Thomas Paine wrote and published The Rights of Man, in which
he compared natural (or individual or personal) rights with civil rights (rights
conferred by society). Already we observe that the definition of "man"
can be limited by the body developing the definition and these were white males
of European origin.
In 1848 the first woman's
rights convention in the United States was held in Seneca, New York. The Seneca
Falls Declaration of Sentiments, developed at that convention, stated: "the
history of mankind is a history of repeated injuries and usurpations on the part
of man toward woman; never permitted to exercise her inalienable right to the
elective franchise; compelled to submit to laws, in the formation of which she
has no voice; deprived of the elective franchise is left without representation
in the halls of legislation; if married, [she is] in the eye of the law, civilly
dead."
Women were beginning to rebel.
Dred Scott was a Negro slave whose master had taken him from the slave state
of Missouri to Illinois (a free state) and then into the Wisconsin Territory (a
free territory), and back to Missouri. Dred Scott sued for his freedom in the
Missouri state courts on the grounds that his residence in a free state and a
free territory had made him a free man. The case went on a long sojourn up to
the U.S. Supreme Court where, under Chief Justice Roger B. Taney, a southerner,
Scott was denied his freedom. Taney's
1857 opinion is most often cited on account of its far-reaching implications for
the sectional crisis. Taney wrote that Negroes had "no
rights which any white man was bound to respect."
The Dred Scott decision "increased
antislavery sentiment in the North, strengthened the Republican Party, and fed
the sectional antagonism that burst into war in 1861."
The American Civil War or the War Between the States, 1861-1865, in reality,
was an attempt by eleven Southern states to assert their right to secede from
the Union. At issue was the doctrine of states'
rights, especially with regard to the holding of slaves. Economics played a
large part in the struggle since the South's
economy was based on large farms using slave labor.
On December 6, 1865, Constitutional Amendment XIII was ratified abolishing
slavery. This amendment, however, did not put an end to the difficulty and in
1866 Congress passed the first Civil Rights Act which said that citizens of
every race and color were to enjoy equal status in all civil and legal
transactions with equal protection for person and property. Unfortunately, no provision was
made for enforcement of this act.
Constitutional Amendment XIV was ratified on July 9, 1868 providing
citizenship to all persons 21 years of age or older. Politics now engendered
much debate on this issue since including all free men in the numerical basis of
representation would give the South the majority in the Congress. Women should
have been covered by this amendment, but since they were not specifically
mentioned, they were not included.
It became necessary to develop another amendment, number XV ratified on
February 3, 1870, to ensure that the States could not deny the right to vote to
any citizen. A citizen was still defined as male and 21 years of age or older.
The first Civil Rights Act with full legal authority was passed in 1875.
In 1880 in the case of Strauder v. West Virginia the Supreme Court ruled that
Blacks could not be excluded from juries.
In 1883 the Supreme Court was able to rule most of the 1875 Civil Rights Act
as unconstitutional since the 14th amendment was directed toward actions of the
State and could not be applied to actions by private individuals.
The case of Plessy v. Ferguson resulted in the Supreme Court's
rendering the "separate
but equal"
decision, 1896. In his dissent, John Marshall Harlan issued a ringing rebuke to
those who argued that the United States was composed of a dominant and
subordinate race (sometimes referred to as Social Darwinism). Justice Harlan
said, "In
my opinion, the judgment this day rendered will in time prove to be quite as
pernicious as the decision made by this tribunal in the Dred Scott case . . .
"
The 19th amendment, adopted on August 18, 1920 finally gave women the vote.
The 15th amendment had stated that the vote shall not be denied to people on
account of race, color, or previous condition of servitude. Amendment 19
specifically stated that the right to vote cannot be denied on account of sex.
Cases were still being argued in 1935 when the Supreme Court ruled, in Norris
v. Alabama, that Negroes are entitled to juries of their peers. Just because
they could not be excluded from juries (Strauder v. West Virginia), did not
necessarily mean that any Negroes would be placed on a jury where a Negro was on
trial. Norris v. Alabama was an attempt to assure that.
In 1954 the Supreme Court overthrew the "Separate
But Equal"
decisions of 1868 and 1896 by deciding in favor of Brown in Brown v. Board of
Education of Topeka, Kansas, a landmark decision. The Court ruled unanimously
that racial segregation in public schools violated the Fourteenth Amendment.
This 1954 decision declared that separate educational facilities were inherently
unequal. Other cases: Sweatt v. Painter abolished the segregated law school and
McLaurin v. Oklahoma abolished the segregated graduate school.
The modern Civil Rights Act passed in 1964 is comprehensive U.S. legislation
intended to end discrimination based on race, color, religion, or national
origin. It provides for equal voting rights, prohibits segregation or
discrimination in places of public accommodation, mandates desegregation of
public schools, broadens the duties of the Civil Rights Commission, and assures
nondiscrimination in the distribution of funds under federally assisted
programs.
Legislation continues to be revised and rewritten. Title IX of the 1972
Federal Education Amendments ensures that "no
person in the United States, shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity of any educational institution receiving
Federal financial assistance."
The 1990 Americans with Disabilities Act extends civil rights protection to
citizens with physical or mental disabilities; protects people with disabilities
from discrimination in employment and public accommodations; mandates that
buildings, public transportation systems, telecommunications systems, and other
public services be made accessible to individuals with disabilities. The bill
broadens the definition of disability to include persons with infectious and
communicable diseases, specifically AIDS patients and HIV-infected persons.
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Part Two - Accomplishments
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Progress is evident when we examine specific parameters in education and
economics. Gathering specific data, especially for
the early years of the United States, is difficult, but it is possible to cite
incidents and activities that describe the accomplishments of racial minorities
and women.
In education, high school and college graduation rates have been steadily
climbing for all races, both male and female.
Black males' graduation rates (76.7% in 1999) are climbing faster than rates of other
races. They have not yet reached level of white males, but Asian males'
rates (87%) are higher than white
males (84%). Hispanic males (56%) are growing in numbers and climbing in high
school completion rates.
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Black females' rates (77.2% in 1999) are climbing faster than other races.
Black females' rates are slightly higher than Black males. Asian females (82.8%) lag slightly behind
Asian males. Hispanic females' rates (56.3%) are increasing and are slightly higher than
Hispanic males. |
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| Asian males (46.2%) have the highest completion rates, almost twice that of
whites (28.5%). Whites' rates are twice that of Blacks (14.2%) and Hispanics (10.7%).
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| We see the same relationships in females as
males with Asian (39%), white (23.5%), Black
(16.4%), and Hispanic (11%). Black females appear to be rising above Black males, but Asian
females remain below Asian males. |
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Labor force participation reflects changes in racial composition of the
nation (1980-2000). Hispanics (5.1-10.6), Asians (2.6-3.9), and Blacks (10.5-12)
are increasing in numbers with Hispanics increasing at the fastest rate. |
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An increasing number of women with children under the age of six are working.
Perhaps this is a sign of the economy, or women who desire to have both a career
and motherhood. Both groups of women from 1970-2000 (with children under age 6
from 46.5 to 65.6%
and without children 43.2 to 60.6%) are increasing in the work force while males
(from 77.6 to 73.7%) are decreasing. |
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Females in the work force in the year 2000 occupy a high percentage of the
executives/managers (14.4% females v. 15.35% males) and actually a higher number of women are in
the professions (17.9% females v. 13.2% males). The greatest number of women still tends to
occupy support
positions, such as secretarial. Heavy labor is done by men--biology dictates
this. |
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If owning a business is a sign of success from the years 1982 to 1997, Hispanics,
increasing from 234,000
to 1,402,000, and Asians, increasing from 201,000 to 1,056,000, are climbing faster than Blacks,
increasing from 308,000 to 882,000, during that period. |
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Women have advanced during the years 1982 to 1997 in the category of business
ownership, increasing from 2,842,000 to 8,473,000. |
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| Part Three - The
Future |
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Indications are that more women and
minorities are achieving success by becoming educated, entering the work force,
occupying managerial or professional positions and owning businesses.
Abolishing discrimination requires continual
effort and diligence
Discrimination knows no limits--single women, married women, African
Americans, Native Americans, Latino Americans, Asian Americans, Catholics, Jews,
Irish, Italians, Muslims, the list grows and sentiments evolve as politics and
economics change. Currently in the USA terrorism has added a new dimension to
the picture. Racial profiling threatens to restrict free mobility and suppress
Civil Rights.
Politics, economics or national interests must not cause us to lose sight of
the rights of the individual
We must strive to develop a society in which natural rights are recognized
and civil rights are guaranteed for all.
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| REFERENCES
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