Korematsu v. United States (1944)

In an ever-going society of progression and acceptance of all, we strive to create inclusivity, opportunity, and an equal justice system void of bias. Some of the most common practices of institutional discrimination can be seen in harsher sentencing of crimes based on race and ethnicity, predatory lending practices from financial institutions, educational opportunities, and access to resources. Some historic landmark cases that presented as race discrimination are:

Korematsu v. United States (1944)
Brown v. Board of Education (1955)
Jones v. Mayer Co. (1968)
University of California Regents v. Bakke (1986)
Shuette v. Coalition to Defend Affirmative Action (2014)
Assignment
Describe the lived experiences modern institutional discrimination for one of the three identified subgroups or any minority group.
Explain how the above-mentioned experiences differ from “traditional” institutional discrimination of non-minority groups.
Explain the role of affirmative action in combating both modern and traditional institutional discrimination.
Finally, provide an example of what positive changes society is making post-industrial revolution to assist immigrants with institutional discrimination.

Sample Solution

Lived Experience of Modern Institutional Discrimination: Housing Discrimination

Focus Group: Latinx Immigrants

Scenario: A young Latinx couple, Sofia and Miguel, immigrated legally to the United States a few years ago. They have good jobs and are looking to rent an apartment. They find a promising listing online and contact the landlord. During the phone call, Sofia speaks with a slight accent, and Miguel has a Hispanic-sounding name. Their inquiry is met with a vague response about the apartment being unavailable, even though the listing remains active online. They call again with a different name and speaking without an accent, and are immediately invited to a showing.

Modern vs. Traditional Discrimination:

This scenario reflects modern institutional discrimination. Here’s the breakdown:

  • Traditional discrimination:Openly excludes minorities based on race or ethnicity. (e.g., “No Blacks or Latinos allowed” signs)
  • Modern discrimination:More subtle and covert. It uses seemingly neutral criteria (e.g., accent, name) that disproportionately affect minorities. It’s harder to prove but equally detrimental.

Affirmative Action:

  • Combating Modern Discrimination:Affirmative action policies in housing could require landlords to consider applicants based on objective criteria like income and credit score, not subjective biases.
  • Combating Traditional Discrimination:Affirmative action programs in housing could encourage landlords to market to diverse communities and implement fair housing policies.

Positive Changes for Immigrants:

  • Language Access:Many government agencies and public services offer translated materials and interpretation services to better serve immigrants with limited English proficiency.
  • Culturally Competent Programs:Schools and social services are increasingly trained to understand the unique needs and challenges faced by immigrant communities.

Conclusion:

Modern institutional discrimination presents a complex challenge, but through continued efforts to promote diversity, awareness, and fair practices, we can move towards a more equitable society.

 

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