In chapter 16, Rome provides a deep insight into the rights of racial and ethnic minorities. The author notes for many centuries, the legal mandates has promoted racial discrimination against the minorities. The minorities have been prevented from certain rights such as employment, property ownership, voting rights, and housing. Rome goes ahead to provide the demographic statistics of the minorities. The minorities made up to 41% of the total population of the United States, a rise from 13% in the 20th century (Rome, 2013). The author estimates that by 2050, the minorities could account for up to 50% of the US population. Due to racial discrimination, the first law, the Civil Rights Act of 1866 was enacted to help prevent racial discrimination. Rome provides an in-depth look into the history of racism by highlighting the first legislation that was passed to help deal with discrimination. He identifies the Civil Right Act of 1964 that was enacted to ensure there was equality in employment, education, and access to government services.
Rome takes the reader through advances that had taken place since the days when discrimination was very rampant in the United States. Voting rights, age discrimination, gay rights, and fair housing are some of the advances that have occurred throughout history. Before the civil rights laws were enacted, minorities were not allowed to participate in voting. Currently, the minority groups form a substantial percentage of the American voters. The author takes the reader through the challenges that are involved in the process of fighting against racism. He mentions three major ways dealing with racial discrimination has posted a challenge. These include the suits under section 1983 of the US Code, Civil Rights Act of 1964 and the 14th constitution amendment (Rome, 2013). A vivid description is provided under what is entailed in the 14th Amendment of the constitution. Under the amendment, there is a due process clause and the equal protection clause. This equal protection clause states that people in a similar situation need to be treated similarly under the law.
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In the concluding remarks, Rome notes that if a law explicitly has a different treatment for various ethnic groups, there has to be a good reason for such treatment and must undergo strict scrutiny. Any statute that seems discriminatory, it is unconstitutional even if it is written in a racially neutral way ( Omi & Winant, 2014 ). Some policies might be racially neutral, but they might have discriminatory effects. Such laws tend to create a racially discriminative impact thus still considered racism in nature. Rome further makes an insight into the employment rights. He looks at the Civil Rights Act that prohibits employment discrimination which is mainly based on race, sex or place of origin. Some hiring and recruitment practices also tend to promote inequality in the job market. Rights to education and housing also come into Rome’s discussion as other areas where discrimination had persisted. The chapter provides a clear description of how discrimination has had adverse effects on the minorities and the various clauses enacted to end the vice.
The specific area in chapter 16 that interests me as I get into social work is dealing with discrimination. There are challenges that are faced while fighting to end discrimination in society. One requires to understand the various regulations that protect individuals from discrimination in society. This area contains three Acts that one need to understand before dealing with discrimination. These include the Civil Rights Act of 1964, Sec. 1983 of the USE Code and the 14th Amendment. This area will help my practice by increasing my understanding of the laws protecting individuals from discrimination. The area will also help clients understand the various Acts that protect them from discrimination.
Chapter 17: Legal Rights of Women
The chapter provides an analysis of the legal rights of women through history to the current days. History takes it through the women movement which is a process of seeking equality in the political, social and legal reforms. Under this section, the author categories two periods which has been involved in the process of seeking equal treatment for women in the community. The women rights movement as mentioned in the chapter includes the abolitionist movement and the 19th-century movement. The author provides a broad view of the processes and history of the women movement as they fight to help end discrimination against women and achieve equality both in social, political and legal areas.
Through the history of women movement, abolitionist began in 1840 to 1920. This period was marked with increased involvement of women in the fight against slavery. The women at this time took the forefront in realizing social change and the forum to express what they believed. Women had no voting rights until the 19th Amendment of 1920 that granted them the right to vote and marked the beginning of women getting involved in the matters of the society ( Peters & Wolper, 2018 ). Women started to engage in areas such as welfare, maternal and child health, making their influence to increase in community. This chapter provides a broader history of how women movement began and the involvement of women in social change as well as political matters. The chapter further describes how discrimination against gender has changed over time, with new laws being enacted from time to time to prevent discrimination based on individual sex. For instance, the Civil Rights Act of 1964 had focused on discrimination against women in areas such as employment and education. The Equal Pay Act of 1963 also provided protection to women against gender discrimination in the payment of wages.
The chapter provides an in-depth analysis of the various acts that have enacted since the emergence of women movement. An example is provided of the Sex and Equal Protection Clause. The initial purpose of the 14th amendment was to take in the newly freed slaves into America. However, it also expanded to women by prohibiting the discrimination of women based on their gender. The author provides a history of the view of both men and women. Historically, men were viewed to belong to the public sphere of the working world while women were seen as the sphere of the family life (Rome, 2013). However, changes took place with the enactment of new laws that prohibited discriminating women based on the activities that they can do. While the 19th century marked a period where women were mainly involved in household matters, things have changed as the participation of women political and social issues have changed. This has been due to the many laws that prohibit discrimination of women. Women are now protected from employment discrimination, sexual harassment, discrimination on pay and education. Chapter 17 presents a more in-depth look into the way women rights have changed over time and the various laws that have been enacted to prevent discrimination against women.
The most interesting area of chapter 17 is the compensation and equal pay irrespective of gender. Women have continued to face discrimination in the workplace, with many of them receiving less pay as compared to men. Equal work requires equal pay, but this was not the case in the 20th century. This information is useful for my practice because it will help me work with women to help them fight for equal pay right. It is also essential for the client who will get informed that she has a right to receive equal pay as men for the same job responsibility and skills. Implementation of this will require a legal battle with the specific firms that fail to adhere to the equal pay policy.
Chapter 18: Legal Rights of Sexual Minorities
This chapter examines the rights of sexual minorities and the changes that have taken place to have the rights of people protected with regards to marriage. It starts by offering an overview of the demographic statistics of the sexual minorities. It states that same-sex couples among those who are not married constitute 13%. The chapter further outlines that more than 110000 same-sex couples have children. Research shows that gay men tend to have a lower wage than that of the heterosexual. The political, social and legal environment of the LGBT has undergone a lot of changes. The issues of marriage equality, adoption rights, and birth certificate regulations have emerged. Many federal laws have been enacted to ensure that the rights of the sexual minorities are protected. The chapter further identifies specific Acts that have been enacted to help deal with discrimination that is based on sexual orientation and gender identity.
The author identifies various sexual hate crimes which have been put under check to ensure that there is no any form of discrimination based on sexual orientation or identity. For example, Don’t Ask, Don’t Repeal Act initially provided that gay and lesbians were not prevented from serving in the military as long as they did not disclose their sexual orientation (Rome, 2013). In 2010, a bill was enacted to repeal that act and allow lesbians and gay to work in the military even if they revealed their sexual orientation. Another Act that the author explains is the Defense of Marriage Act which allows the US states to choose whether they will recognize same-sex marriages. The Act provides a definition of the terms spouse and marriage under federal law. The chapter also offers an in-depth analysis of the sexual orientation and how it is entailed in the constitution. The constitution recognizes the evolving role of women in society and the changes in the public attitude toward same-sex marriages.
The author illustrates his arguments by offering an overview into the way various states in the US handle the issue of same-sex marriage and the rights of gays and lesbians. Georgia, for instance, has a law that prohibits Sodomy. The chapter notes that courts recently started to view cases that are based on sexual orientation, an area that was previously not considered. Sexual minorities have continued to experience discrimination at the workplace because many states still don’t have legislation concerning discrimination based on sexual expression or orientation. Many gays and lesbians have continued to experience harassment at the workplace and are usually overlooked during the promotion. Some employers also discriminate gays and lesbians during hiring and recruitment. To confirm his arguments, the author provides statistics on the way gay and lesbians have been victimized. The author states that 28% of the LGBT have been overlooked during promotion while 17% have been fired unfairly due to their sexual orientation (Rome, 2013). This information creates a clear connection to the author’s argument and makes the reader understand the point of argument easily.
The most exciting area in the social work practice in chapter 18 is the employment rights for the LGBT. The sexual minorities are entitled to protection in the workplace against any form of discrimination. Despite this, the group has continued to experience discrimination and harassment including overlooked promotion, firing and less pay. This calls for the need to have social workers coordinate with the LGBT to help them fight for their rights. The information will help clients understand their rights and rise to fight for it. Helping the LGBT have fair treatment at the workplace will require working with specific stakeholders including the legal bodies and human rights organizations.
Chapter 19: Legal Rights of Immigrants
In this chapter, Rome describes the changes that have occurred in the immigration law reforms and how immigrants. It begins by providing a brief demographic statistics of the immigrants in the US. A survey shows that 38.5 million, representing 12.5 million of the US population are foreign-born. The population entails legal permanent residents of US, naturalized citizens and illegal immigrants. History shows that America did not have any immigration policies in 1882 because immigrants were required to provide labor. It is expected that by 2050, one in every five Americans will be an immigrant with Latino leading as the largest number of immigrants in the US. However, the federal laws on immigration have existed since 1986. Immigration Reforms and Control Act of 1986, the Homeland Security Act of 2002 and Illegal Immigration Reform and Immigrant Responsibility Act of 1996 are some of the federal immigration laws (Rome, 2013).
The chapter further contains relevant information concerning the protection of the immigrants’ rights and equal protection. The laws governing the ability of the immigrants to access public benefits have also changed dramatically since 1996. The IIRIRA and Personal Responsibility and Work Opportunity Reconciliation Act are some of the laws that have been enacted to help deal with the issue of immigrants accessing public benefits ( Menjívar & Abrego, 2012 ). However, even the immigrants who qualified to access the public benefits still have several conditions that they must meet. The existence of complicated rules, hostile public climate, and limited eligibility are some of the barriers that prevent immigrants from accessing public benefits. To avoid this, the author reflects on the role of the social workers who must have the knowledge and act as advocates for the immigrants and to ensure they receive public benefits.
Ethical issues and law sometimes conflict. When this happens, it becomes the duty of the social workers to decide between what is ethical and adhering to the laws. If a legal mandate has unethical issues, the social workers must use their experience to advocate for the policy change as they work with immigrants. US constitution does not have any explicit right to an education. Therefore, immigrants do not have any a guarantee to access education as this is not provided for in the laws. Also, the law only allows non-citizens to work in the US if they LPRs and refugees. However, only 140000 immigrants are allowed in for employment purposes in a year. They are usually covered under the workplace laws found in various states. The author further notes that employers must verify their workers because the law does not allow them to recruit unauthorized persons in the country. In an additional analysis of the status of immigrants and exploitation at the workplace, the author notes that immigrants have continued to be exploited by the employees due to their status. They receive low wages and work in an unconducive environment with no benefits.
The most interesting area in chapter 19 is the immigration and equal protection clause. This area focuses on the clause that defends and protects the immigrants. It will be the role of the social worker to understand the experience of the immigrants including the kind of life in their home country including the reason for their immigration and the difficulties they face. Understanding this information will help work together in coordination to achieve the goal.
Chapter 20: Legal Rights of Students
In this chapter, Rome provides an overview of the rights of students to education, free speech, and religion. The role of the federal government in education is to provide education to every student irrespective of race, color, religion or disability. To illustrate the various students’ rights, an overview of other rights enjoyed by adults is done to make a connection. Freedom of speech is guaranteed, and Congress shall not be allowed to enact any law that tends to limit freedom of expression. However, the rights to free speech among the youth can be controlled compared to that of adults due to their immaturity. A free speech for students should not cause any interference with the mission of the school or threaten the safety of its students. However, the Supreme Court has the power to determine the level of control of a free speech for students.
The chapter also notes that the students have the freedom of dress and appearance and schools has no power to interfere with the personal expression. Students also have freedom of religion. No school shall prevent a student from practicing what he/she believes in. Each student has the right to practice whatever religion they wish, and this is a right protected and cannot be taken away. Courts have however held that the rights enjoyed by the students are not identical to the ones enjoyed by the adults. When a student makes a speech that can trigger disruption and interfere with the safety of other students, then such rights may be restricted. Also, dressing code or religious expression of the students should not seem to cause disruption in the school as this will result in curtailing of these rights (Rome, 2013). The author also adds in a more important point on search and seizure right. He states that students can sometimes engage in risky behaviors such as smoking, alcohol use and use of weapons which could be of danger to school. As a result of this, the school has the power to search and seize anything they find in possession of the student if they feel it can cause danger to school.
The chapter provides an important point on the right to search the property of the students. The school officials can search the property of the students only if it is reasonable and justifiable. At the same time, the search must be done in a reasonable manner and in a way that does not affect the student. The author adds further to the area of students’ rights by focusing on strip searches. A strip search can only be conducted if there is a reasonable need to do so. Circumstances that can guarantee strip search include breaking of school rules, presence of drugs as well weapons. While doing this, it must be conducted in the least intrusive manner. Due to the increasing war against drugs, schools may do drug testing to the students as long as there is a recognized board. The chapter also covers one of the most controversial and interesting topics in the US school, the zero-tolerance policies. The harsh penalties including suspension and expulsion have become attracted debate from various stakeholders in the US. The supporters of the zero-tolerance policy have argued that it sends a quick message and maintains discipline in schools. However, the opponents of the policy have questioned its effectiveness, noting that sending students away from schools only expose them to more risky behaviors (Rome, 2013). This can include drug use, loss of educational opportunities and school dropouts. Throughout the chapter, Rome makes a valid and clear argument on the rights of students. The information on the zero tolerance will help in making the right decision concerning how to help the clients. It will need identifying children who could fall victims of risky behaviors and helping them develop a positive behavior change.
References
Menjívar, C., & Abrego, L. (2012). Legal violence: Immigration law and the lives of Central American immigrants. American Journal of Sociology , 117 (5), 000-000.
Omi, M., & Winant, H. (2014). Racial formation in the United States . Routledge.
Peters, J. S., & Wolper, A. (Eds.). (2018). Women's rights, human rights: International feminist perspectives . Routledge.
Rome, S. H. (2013). Social work and law: Judicial policy and forensic practice . Boston, MA: Pearson Education.
