In the 1960s, several court cases argued that gender
discrimination violated the Fourteenth Amendment’s equal
protection clause. In many cases, the courts have struck down discriminatory
laws. The 1964 Civil Rights Act forbids gender discrimination in the
workplace, and some women have used this law to fight sexual
harassment, which is unwanted and inappropriate physical or
verbal conduct of a sexual nature that creates an uncomfortable work
environment or interferes with a person’s ability to do his or her
job.
Seniors
In 1967, Congress passed the Age Discrimination in Employment Act (ADEA),
which prohibits any age discrimination unless age is a clear and necessary
qualification for the job. In 1978, Congress amended the ADEA to ban
mandatory retirement rules for most employees.
The Disabled
The Civil Rights Act of 1964 did not protect people with disabilities.
Congress has since passed several laws prohibiting discrimination against the
disabled:
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The Rehabilitation Act (1973), which banned
discrimination against the disabled in any program receiving government
funding. A 1978 amendment to the act required buildings constructed with
federal money to accommodate the disabled with ramps, elevators, and other
special equipment.
-
The Education for All Handicapped Children Act (1975),
which required public schools to make provisions for students with
disabilities.
-
The Americans with Disabilities Act (1990), which
required all public buildings to be handicapped accessible and forced
employers to make all reasonable accommodations for disabled workers.
Employers also cannot discriminate against the disabled when hiring.
Gays and Lesbians
Throughout much of the twentieth century, many states had laws that
criminalized homosexual acts. In 2003, the Supreme Court declared such laws
against sodomy illegal in Lawrence v. Texas, because they violate the due
process clause of the Fourteenth Amendment. The Court decided that state
governments cannot criminalize consensual adult sexual behavior.
