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 Today’s Lecture:

Civil Rights and Discrimination

Session Topic(s)

13 11/12
Lecture Organization:

Class Announcements

Conceptualizing Discrimination
Civil Rights Movement
Passing the Civil Rights Act

What the Civil Rights Act Does

Proving The Discrimination Case
The Incentives of the Law
The Fallacies of Aggregate Percentages
 Class Announcements

notes
-- some of you haven’t picked them up

exam retake
-- contact me if you are still interested
 Class Announcements

Reading for the Final

-- Only two chapters – 12 and 28.
(note: you can sell your book back to the book store and
get a 50% refund)

No grade rounding
-- Consult syllabus to see how border grades are handled
 Class Announcements

Questions?
slight modification

-- Treat notes/attendance as a single item:

notes
Composite 34%
attendance

-- I’m going to give you the higher of two grade calcs – one
with the composite, one without
-- The composite can only help you, not hurt you
 Conceptualizing Discrimination

social distance
-- sociologists have come up with an interesting idea
 Reduction of social space

As a son or daughter – one of the family

In your home – eating dinner
In swimming
In school;pools,Church,
riding sidewalks,
country
the sameclubs the lunch
bus,– same mall
private social
counter,
networks
etc.

1 2 3 4 5

12/07/2021 Copyright, Sean Wilson. 2007. 8

 Conceptualizing Discrimination

neurological theories
-- neurologists have come up with an interesting idea as
well:
• discrimination may have a neurological component to
it
 Cognitive Theory of Racism

Emotive
intelligence Arithmetic, logic,
symbol
Human Brain
Computation combination

Pleasure center Brain highs:

1. Drugs
Sectors Synthetic 2. Love
functions 3. Chocolate
Linking the other 4. (Me:
Fear, sectors together; Steelers)
Insecurity synthesizing
Activated when knowledge;
the human is comparison and
threatened contrast
12/07/2021 Copyright, Sean Wilson. 2007. 10
 Group A

[mention school fights in Texas town from

removed New Orleans community]

1. Jewish people
2. Asians Group B
3. Race is the largest barrier

1/18/2007 (C) Copyright Sean Wilson. 2007. 11

 1. Politics and selfishness
Group A play a role too
(“ideology”)

2. So does social learning

Universal application:

1. Can apply this to anything: even children who castigate at

school

2. Racism is part of a larger failing explained by certain

cognitive functioning. (Needs an intervention. A kind of
therapy ) Group B

1/18/2007 (C) Copyright Sean Wilson. 2007. 12

 The Civil Rights Movement

segregation
-- prior to the civil rights act, there were many institutions
that discriminated because of race
-- it was legal to purposely and intentionally discriminate
 The Civil Rights Movement

segregation

George McLaurin
-- a professor with a
master’s degree
-- He wanted to get his
Ph.D
-- Here is a picture …
 The Civil Rights Movement

Rosa Parks
-- a seamstress who refused
to give up her seat in the
front of a bus, and was
removed
-- African-American
community in Montgomery
responded by boycotting city
busses
-- It lead to a court suit that
stopped segregation in
public transportation
 The Civil Rights Movement

Dr. King
1. Emerged as a leader in
Montgomery Alabama
2. Had formed the Southern
Christian Leadership Conference
• adopted the tactics of Mahatma
Ghandi (who had led resistance
against the British in India)
 The Civil Rights Movement

Dr. King
-- Tactics included:
(1) demonstrations and
marches;
(2) peaceful resistance
to unjust laws
 The Civil Rights Movement

Malcolm X
-- philosophy should be
contrasted with the nation of
Islam, Black Panthers and
Malcolm X (more militant
philosophies).
[mention Malcom X’s movement
toward King]
 The Civil Rights Movement

“sit-ins”
-- Greensboro North Carolina
• four students sat at the lunch counter in Woolworths
and asked for a cup of coffee
• the waitress refused service, but they stayed anyway
• they were arrested
(think about what that must be like)
-- more students came back and did the same thing
-- soon, sit ins were spreading to over 100 cities
 examine the faces

pouring food items

12/07/2021 Copyright, Sean Wilson. 2007. 20
12/07/2021 Copyright, Sean Wilson. 2007. 21
 The Civil Rights Movement

protest marches in the 60s

-- charges: disturbing the peace; disorderly conduct, etc.
(Courts upheld the free speech)
12/07/2021 Copyright, Sean Wilson. 2007. 23
 The Civil Rights Movement

did it work?
-- polls show that most whites thought that the tactics
were offensive – “pushing too hard, too fast.” (sentiment)
-- however, at the same time, polls shows that most
whites favored integration more than ever before
-- tactics had some positive effects on localities
more cities and counties passed ordinances outlawing
segregation
 The Civil Rights Movement

considering Alabama
history
-- when civil rights leaders would hold a meeting
explaining how to become registered to vote …
• police would show up and record your name
• landlords threatened to evict you
 The Civil Rights Movement

considering Alabama
history
-- registration office:
• mysteriously closed the day of the drive
• employees took long lunch break if an American of
African descent was at the counter
• literacy test would be administered
 The Civil Rights Movement

considering Alabama
protests and demonstrations
-- demonstrators met with cattle prods
-- state judge issued an order: no more than 3
Americans of African descent can meet at one time
• protests became violent …
• police beating people up
• hosing people down
• school children being victimized
… all while the country watches on television
The Murder of Jimmie Lee Jackson --

In one march, police killed a 26 year old protester, Jimmy Lee Jackson,
and beat up an NBC television reporter. The next day the reporter
described the murder fro his hospital bed with his head bandaged and
words slurred.

12/07/2021 Copyright, Sean Wilson. 2007. 28

 The Civil Rights Movement

Bloody Sunday
-- protestors attempted to march from Selma to
Montgomery, the capital of Alabama.
-- They didn’t even make it out of Selma
-- a sea of police officers with tear gas masks sprayed teat
gas and beat people with night sticks
-- hence the name, “bloody Sunday”
-- the media coverage was effective
(it led to another march on Montgomery that was very
successful)
12/07/2021 Copyright, Sean Wilson. 2007. 30
 Passing The Civil Rights Act

Kennedy
-- A weak president in 1960
• margin of victory, bay of pigs,
communist problem
• he knows that the South is
very important for Democrats to
win elections.
-- He delays on the civil rights, which infuriates Dr. King.
 Passing The Civil Rights Act

Kennedy
-- But to Kennedy’s credit, he goes
to bat for the issue right before an
election year -- 1963.
-- he addresses the nation on
television and formally submits his
civil rights bill into Congress
 Passing The Civil Rights Act

passing the act

the House
-- passes 290-130 (LBJ instrumental)
 Passing The Civil Rights Act

passing the act

the Senate

-- Filibuster:
• need 2/3rds vote in the Senate to cut off debate
• (today, just 60 votes; back then 66.)
-- Length of the debate
• months continuously
• people sleeping in the hallway
• could not cut off the filibuster
 Passing The Civil Rights Act

passing the act

Evert Dirksen
-- conservative Illinois Senator
-- he changes his mind about cloture
-- slight negotiations
(make the Bill match northern civil rights bills)
-- cloture is a success; filibuster ends; Bill passes
-- overall vote totals …
 Passing The Civil Rights Act

passing the act

more regional than partisan

(southern Democrats strongly opposed)
The Original House version:
Southern Democrats: 7-87   (7%-93%)
Southern Republicans: 0-10   (0%-100%)
Northern Democrats: 145-9   (94%-6%)
Northern Republicans: 138-24   (85%-15%)

The Senate version:

Southern Democrats: 1-20   (5%-95%)
Southern Republicans: 0-1   (0%-100%)
Northern Democrats: 45-1   (98%-2%)
Northern Republicans: 27-5   (84%-16%)

12/07/2021 Copyright, Sean Wilson. 2007. 37

What the Civil Rights Act Does

Question:
What does the civil rights
act do, and if you violate
it, what happens?
 What the Civil Rights Act Does

the basic idea

1. Every state in the union also has a civil rights act as

well.
2. Outlaws discrimination in everything that “counts:”
• Employment
• Banking/Lending
• Housing
• Public Accommodations (businesses, hotels, stores,
theaters, etc., etc.)
 What the Civil Rights Act Does

the basic idea

-- Does not outlaw purely private clubs or organizations

from discriminating. It must be a “public accommodation”
to count
(stores, theaters, banks, landlords, realtors, stores,
shopping malls, etc., -- “public accommodation”)
 What the Civil Rights Act Does

an ideological explanation

-- The Equal Protection Clause tells government that it

cannot discriminate
-- Civil Rights laws say, in effect, that capitalism cannot
either

Equal Protection government

Civil Rights Act “capitalism”

 What the Civil Rights Act Does

the sanction

-- the laws allow you to sue discriminators for damages.

-- If someone discriminates, you can get back pay, plus
interest, lost earning capacity and in some cases punitive
damages
(“tort culture” “lawsuit culture”)
(Compare: doctors versus lawyers)
 Proving the Discrimination Case

two kinds of lawsuits

-- there are two types of lawsuits

• intentional discrimination
• non-intentional (didn’t mean to “discriminate”)
 Proving the Discrimination Case

intentional discrimination

Someone has a subjective intention to discriminate on the

basis of race:
• Someone will consciously make a choice to hurt
someone else because of an ingrained social distance
about their race or ancestry
non-intentional discrimination
-- No feeling of social distance (bad feelings, attitudes or
motivations) needed
-- But your actions have the EFFECT of discriminating
 Proving the Discrimination Case

The intentional case

Evidence:
“direct evidence” --
• racial epithet
• reputation for social distance
• or anything that circumstantially shows an intention
(Damages are more severe)
 Conceptualizing this ….

“Discriminator”

Archie Victim

12/07/2021 Copyright, Sean Wilson. 2007. 46

 Two basic things will happen ….

#1 – An Injurious Act

• failure to hire
“Discriminator” • firing
• failure to promote
• demotion
• a transfer

Archie Victim

12/07/2021 Copyright, Sean Wilson. 2007. 47

 Two basic things will happen ….

#1 – An Injurious Act
#2 – Circumstantial Suspicion
“Discriminator” • racial epitaph
• “jokes”
• pattern of conduct
• general reputation
for racial animosity

Archie Victim

12/07/2021 Copyright, Sean Wilson. 2007. 48

 Two basic things will happen ….

#1 – An Injurious Act
#2 – Circumstantial Suspicion
“Discriminator”
• lost wages
• lost earning
capacity
• future lost wages
• possibly punitive
damages
Archie Victim
• attorney fees
12/07/2021 Copyright, Sean Wilson. 2007. 49
 Proving the Discrimination Case

non-intentional discrimination

-- No feeling of social distance (bad feelings, attitudes or

motivations) needed
(in fact, your motivations can be completely innocent)
But your actions have the EFFECT of discriminating

-- NOTE: this is not illegal if the practice is a “business

necessity” or a “bona fide occupational qualification”
Question:
How do you prove
this?
 Issue:
Business Necessity?
Bona Fide Occupational
Qualification?
#1 – Seemingly “Innocent”
#2 – Discriminatory Consequence
• hiring only family
members
• requiring a philosophy
degree to be a truck
driver
• promoting “in house”
Andy Griffith • layoffs by seniority Victim

12/07/2021 Copyright, Sean Wilson. 2007. 51

 Proving the Discrimination Case

burden shift

-- If you prove disparate treatment or impact, the burden

of proof then SHIFTS
-- Employer has to prove his or her “innocence”
-- prove that he or she did not have a “guilty mind” (for
intentional cases) or that the business practice was
legitimate (for “impact” cases).
Question:
Why do we do this?
Is this “fair?”
The Incentives of the Law

Question:
What do these laws do in
practice? What is their
basic function?
 The Incentives of the Law

police numbers

-- the laws help confront the basic problem:

• social distance in capitalist institutions
-- the Laws force employers to look at their numbers
• Low numbers expose you to lawsuits
-- Examples:
• women attorneys
(what people say on the academic job market)
 The Incentives of the Law

problems with the laws

-- Lawyers are “gun-shy” to take race cases before all-

white juries
-- “Mixed motivations” makes proof tricky
-- Laws are probably “under-prosecuted”
 Rural southern county in West
The Incentives of the Law
Virginia

problems with the laws Racial attitudes are very bad

Some personal Failure to promote

examples:
state trooper case … Failure to hire other African
Americans

Harassment

Case paid $40,000, plus remedial

affirmative-action program, and
consideration in two years for
promotion. (transfer?)
 The Incentives of the Law
African-American
problems with the laws terminated for marijuana
possession and sale (major
Some personal newspaper bust)
examples:
employment termination White employee not
… terminated for being
arrested for a small quantity
of prescription drug use

Disparate treatment; burden

shift

Case pays a partial value.

 Fallacies in Aggregate Percentages

intro

-- Sometimes, claims of discrimination involve a statistical

fallacy that we want to avoid
-- Reasoning with percentages is always a hazardous idea
… let’s look
 The Fallacy of Aggregate Percentages

Women
Women Computer Science Majors

Target
Population
Total Population

Question: 8%
Does this mean that
computer science
50%
programs “discriminate?”

12/07/2021 Copyright, Sean Wilson. 2007. 59

 The Fallacy of Aggregate Percentages

African Americans
Philosophy Majors

Target
Population
Total Population
Question:
Does this mean that 1%
philosophy departments
26% are discriminating?
Consider another example

12/07/2021 Copyright, Sean Wilson. 2007. 60

 The Fallacy of Aggregate Percentages

New Concept

Applicant Flow Data

• Those qualified who apply
Target
Population
Total Population

Applicant Pool Data

• Those who are qualified for the
job

12/07/2021 Copyright, Sean Wilson. 2007. 61

 The Fallacy of Aggregate Percentages

New Concept

Applicant Flow Data

• Those qualified who apply
Target
If Applicant Flow doesn’t
Population
match the Target, you
Total Population
have statistical
discrimination!
Applicant Pool Data
If Applicant Pool doesn’t • Those who are qualified for the
match the Target, you job
may or may not have an
adverse impact case
(courts disagree) Copyright, Sean Wilson. 2007.
12/07/2021 62
 Football and Johnny Cochrane Johnny Cochrane and
the Rooney Rule

African Americans Football coaches

Applicant Applicant Target

8% ??
Pool Flow Population
NFL Population

50% 10% 8%

12/07/2021 Copyright, Sean Wilson. 2007. 63

 More Fallacies of Group Reasoning

Women
Women Workers Does this prove
that women are Wages
discriminated
40%
against in pay?
Target
40%
Population
Total Population Criterial Pool
• Those qualities, X, that determine pay
apart from discrimination 38%
• job productivity
• seniority
50%
• leaving to have a baby
• opportunity cost (market worth)
12/07/2021 Copyright, Sean Wilson. 2007. 64