Related Impact of Proposition 209 and Other Discrimination Issues

02.01.08 (10:04 am)   [edit]

Proposition 209 was passed by referendum in California in 1996. After legal challenges were settled, the proposition went into effect in 1997. After this, dramatic changes immediately took effect, not only in regard to discrimination policies on workers, but also on the state higher education.

In the University of California (UC) schools, for example, a marked increased occurred in freshman registration in 1998. Since the passage of the bill, higher graduation rates have been posted at other UC schools. The African American graduation rate at the University of California, Berkeley increased by 6.5 percent, and rose even more dramatically, from 26 percent to 52 percent, at the University of California, San Diego. African American graduation rates at UC Berkeley also increased by 6.5 percent, the enrollment rates dropped significantly.

Opponents of the action may continue to debate the issue regarding this anti-discrimination policy but they cannot deny the fact that more people have better access to education today than it was before the passing of the law.

I believe this one of the best results of this anti-discrimination policy – the opening up of more opportunities to people in various fields. The passing of this law also gave colored people a better chance to have an equal opportunity to excel in business, law, entertainment, and even politics.

On the other hand, other discrimination issues based on gender or religious belief must also be tackled today. I believe these two issues need urgent resolutions.

Many of us are aware of these. Take a look at the growing number of class action lawsuits filed by women workers against their employers. I think this is due to the growing consciousness toward anti-women policies in most of the workplaces.

In most of these class action lawsuits, the common issues are the following:

  • Disparate Treatment
  • Disparate Impact

There are two types of sex discrimination, namely: disparate treatment and disparate impact.

Disparate treatment is straightforward discrimination while disparate impact occurs where some type of company policy excluded a certain individuals from the job or from promotions. Often, the policy was not designed to exclude them; but the unfortunate result happens.

  • Equal Pay Act – in which an employer may not discriminate in wages on the basis of sex.
  • Stereotyping - It is also illegal to make employment decisions based on stereotypes regarding gender.