restoration act
Publié le 23/05/2020
Extrait du document
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Context
Place of blacks in society evolves through the decades but still lots of discriminations.
Civil rights act in 1984: discrimination on race color sex or religion becomes illegal.
Title IX: portion of the United States Education Amendment of 1972.
Introduced by Birch Bayh a
senator of Indiana.
It prohibits sex discrimination in "any education program or activity receiving
Federal financial assistance For example if an athletic college department discriminates, the federal
government can cut off aid to the whole school even if that department didn’t received no assistance.
Grove city college case :
Grove City College is a private school, and want to preserve its institutional autonomy by consistently
refusing state and federal financial assistance.
The College did, however, enrol a large number of
students who received Basic Educational Opportunity Grants (BEOG's) through a Department of
Education-run program.
The DOE concluded that this assistance to students qualified the College as a
beneficiary of federal assistance and made it subject to the non-discrimination requirements of Title
IX of the Education Amendments of 1972.
When the College refused to comply with the requirements
because they wanted to keep their independency and not to be under the government’s jurisdiction,
the DOE attempted to terminate assistance to the student financial aid program.
The College
challenged the DOE’s actions.
The Court held that the federal government could require an
"assurance of compliance" with Title IX even though no evidence had been presented to suggest
that Grove City College had discriminated in any way.
The Court said that this was not enough to
subject the entire institution to the scope of Title IX.
So the Supreme Court held that the regulation
would only apply to the institution's financial aid department, and not to the whole school.
The
Court said that this was not enough to subject the entire institution to the scope of Title IX.
The Civil Rights Restoration Act began with the acknowledgment that the Supreme Court’s decision in
Grove City created doubt on the broad application of Title IX and three additional federal laws with
considerable impact on colleges and universities— Section 504 , the Age Discrimination Act of 1975
(ADA), and Title VI—that were designed to fight discrimination involving beneficiaries of federal
financial assistance.
Section 504 forbids discrimination against disabled people.
The Age
Discrimination Act outlaws discrimination based on age.
Title VI, the broadest of the three laws,
prohibits discrimination based on race, color, or national origin in schools, public places, and
employment.
Act was made to overturn Supreme court decision in the Grove City College v Bell case and to restore
the effectiveness of the four major civil rights statutes that prohibit discrimination in federal assisted
program.
It fist managed to pass throught the senate and the house of the representatives but president
Reagan vetoed the law
On March 22, 1988, the Senate by a vote of 74-23, and the House by a vote of 292-133 overrode
President Reagan's veto of the Civil Rights Restoration Act.
The Act restores the four civil rights
statutes that relate to federal financial assistance to their broad coverage before the Grove City
College v.
Bell’s decision..
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Liens utiles
- Phèdre: Analyse de Texte n°1 Act I, scène 3
- The Parliament Act (1911)Si un projet de loi de finances,
- ? ACT ANT n.
- KHOLLE DE FRANÇAIS PHÈDRE, ACT I, SCÈNE I TIRADE D’HIPPOLYTE