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The Policy of Affirmative Action at American Universities: Perspective of the Supreme Court 1978-2003
Mertová, Viktorie ; Sehnálková, Jana (advisor) ; Calda, Miloš (referee)
U. S. universities often apply affirmative action approach in admissions procedure, that is to say, they give preferential treatment to racial or ethnic minority applicants. There are several reasons for this policy. First, in the 1960s, the federal government instructed all the federal contractors to take an affirmative action to ensure that minorities were not discriminated against. Second, universities attempt to create a diverse student body which is supposed to produce educational benefits and raise the quality of education. The affirmative action programs cause a number of controversies. The opponents argue that the policy discriminates against the majority and therefore violates the Fourteenth Amendment of the Constitution. Many litigations took place in the United States over the course of years, some of the cases were even brought before the Supreme Court. The Bachelor's thesis "The Policy of Affirmative Action at American Universities: Perspective of the Supreme Court 1978-2003" investigates the changes of the Supreme Court's approach to this problem in the period between 1978 (first landmark decision) and 2003, when the Supreme Court dealt with the issue last so far. On the basis of an analysis of the decisions in three significant Supreme Court cases, this paper characterizes the most...
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Discriminating and positive discriminating aspects in realization of human rights guarantees
Kuřinová, Pavla ; Sádovský, Stanislav (advisor) ; Stracený, Josef (referee)
Discriminating and positive discriminating aspect in realization of human rights guarantees This work disserts of discriminating and positive discriminating aspect in realization of human rights guarantees. First chapter is a general introduction of human rights - inclusive of their characteristics, classification and essential attributes. Second chapter about history analyses evolution of human right from antique to present - above all question equal and unequal treatments. Central chapter this work is about discriminating Laws - first o of all about a new antidiscriminating Act in Czech Republic. Further expound terms such as direct discrimination, indirect discrimination and generally discrimination individual because their racial and ethnic, age, sex and gender, caste, religion, language, sexual orientation, disability. Next interprets a reverse discrimination or too opinion of political ideology etc. Last chapter includes guarantee protection of human rights - i.e. international, European, national realization of prohibition discrimination and enforcement of equal and unequal treatments. This work is discretion about positive effect of discriminating Laws also their possible difficulty.
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Problems of discrimination in working environment
Kriegerová, Hana ; Šnýdrová, Ivana (advisor) ; Tureckiová, Michaela (referee)
This thesis deals with the current issue of discrimination in the workplace, especially focuses on discrimination based on age and sex, sexual harassment and bullying in the workplace, legislation that regulates the area of discrimination in labor relations. The theoretical section includes explanations of terms and connections to a given focus and the practical part includes a probe into five large companies examining whether the effects mentioned in the theoretical part actually occur in practice, or how these problems are solved. This probe was in the form of semi-structured interview respondents in their workplaces. The results confirmed the claim that one of the most vulnerable group are women. Larger companies are trying to provide them a variety of advantages as for example flexible-time work, etc. Some companies have confirmed that there were some cases of bullying or sexual harassment in their firm, but these situations have not been solved other than by the dismissal of one of the participants. However, the occurrence of age discrimination was in the surveyed companies not confirmed - despite the theoretical claims and personal experience. It also showed that the respondents, HR professionals from large companies, have a poor conception of the possible solutions of those situations and...
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The History and Presence of the Affirmative Action in the USA, in The Czech Republic and other Countries
Štědroň, Jakub ; Uherek, Zdeněk (advisor) ; Brouček, Stanislav (referee) ; Sulitka, Andrej (referee)
The term affirmative action (U. S. English), or positive discrimination (British English) means positive steps taken to increase the representation of women and minorities in areas of employment, education, politics and business from which they had been historically excluded. In search for the roots of affirmative action I start at the very beginning of the US history describing institutionalized forms of slavery and later move on to segregation to demonstrate how deep and strong this exclusion was. Since the late 1960s this expression has been used to refer to policies that go beyond the simple prohibition of discrimination on grounds of race, national origin and sex in employment practices and educational system. These policies require further actions, affirmative actions, to make jobs and promotions and admissions to educational programs available to individuals from groups that have historically suffered from discrimination in gaining these opportunities or are, whether discriminated against or not by formal policies and informal practices, infrequently found in certain occupations or educational institutions and programs. In an effort to create an unprejudiced picture of this phenomenon of American modern society, I try to open my work for arguments of both sides, the proponents and the...
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Actions aimed at achieving equality and equality before law
Novosad, Matouš ; Kosek, Jan (advisor) ; Urban, Michal (referee)
This Master's Thesis deals with the sociological phenomenon called affirmative action, which has appeared in different forms in many countries during the second half of 20th century. This topic, as rather complex and overlapping fields of more social sciences, is being widely discussed in the society. In some countries, application of affirmative action brings controversy and even division in the communities. This thesis aims to find the substance of affirmative action and compare it with the principles of equality before law. These topics are discussed in their sociological, psychological and legislative dimensions. The analysis stems from examples of particular causes and recent key judicial decisions in the United States of America, the European Union and India, illustrating legal aspects of affirmative action in different regions. Their discussion tries to point out the different dimensions of affirmative action, including the motivations for implementing it in the society and the following public reflections. Author's main concern is targeted to the relation between different aspects of affirmative action and the main elements of the idea of equality before law. Difference between social engineering approaches and good intention of legislator may be very subtle and politically dependent. In the...
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The issue of race in the jurisprudence of the Supreme Court of the United States : the evolving interpretation of the Equal Protection Clause
Martinec, Tomáš ; Sehnálková, Jana (advisor) ; Kozák, Kryštof (referee)
This thesis entitled The Issue of Race in the Jurisprudence of the Supreme Court of the United States: The Evolving Interpretation of the Equal Protection Clause analyses the jurisprudence of the Supreme Court of the United States concerning Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, in particular the following decisions: Plessy v. Ferguson, Sweatt v. Painter, Brown v. Board of Education, Topeka, Regents of the University of California v. Bakke, Grutter v. Bollinger, Gratz v. Bollinger, Fisher v. University of Texas and Schuette v. Coalition to Defend Affirmative Action. The analysis of the above- mentioned decisions illustrates the evolution of the philosophical background of the Supreme Court. After the Second World War, the natural-law legal philosophy began influencing the Justices and slightly overshadowed the positive-law current that was predominant in the pre- War era, in particular in the 19th century. This new philosophical background of the High Court help to constitutionally entrench the affirmative action policies by Justice Powell's opinion in Bakke and particularly by Grutter. However, the natural-law current has never become as dominant as the positive-law one in the 19th century, and as shown in Grutter's companion case of Gratz...
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Political Parties in the Czech Republic and Quotas for Women in Politics
Pospíšek, Pavel ; Gelnarová, Jitka (advisor) ; Kotábová, Věra (referee)
This thesis deals with political parties in the Czech republic which are currently in the parliament and their attitude towards implementing quotas. It's goal is to find out the importance of this topic for the parties in their election programmes and regulations and whether there is a clash between what parties declare and how they act in the real political life. There is about 20 percent of women in politics in the Czech republic at the present time and there has been no attempt to increase this number by implementing law quotas. Nevertheless we can come across some backup actions at an intraparty level. The author analyses attitudes of the current parliamentary parties with regards to the development of women's political representation in case of older political subjects. His focus is also to present the difference in understanding quotas as affirmative action or positive discrimination.
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Justice or strategy? Mindset of German parties towards quotas for women's representation in politics.
Vodičková, Anna ; Nigrin, Tomáš (advisor) ; Handl, Vladimír (referee)
Even nowadays, while facing social challenges, eliminating different stereotypes and discovering new ways of life style, it is impossible to change the traditional gender thinking within a few years. Quotas should accelerate this process. This work analyses women's status in political parties which are represented in the German Parliament in 2015: CDU, CSU, SPD, The Greens and Die Linke. In terms of this analysis the work is focusing on quotas within those German political parties - if they exist at all and if so, in which form. Beside that, it also analyses the parties' stances towards to gender politics based on their political programs. Are quotas directly related to women's representation in politics? Furthermore the work sums the evolution of women's status in Germany and in its politics. This serves as an introduction into the issue of gender quotas. The goal of this work is to answer the question, whether quotas have a positive influence on women's representation in German politics.
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The Policy of Affirmative Action at American Universities: Perspective of the Supreme Court 1978-2003
Mertová, Viktorie ; Sehnálková, Jana (advisor) ; Calda, Miloš (referee)
U. S. universities often apply affirmative action approach in admissions procedure, that is to say, they give preferential treatment to racial or ethnic minority applicants. There are several reasons for this policy. First, in the 1960s, the federal government instructed all the federal contractors to take an affirmative action to ensure that minorities were not discriminated against. Second, universities attempt to create a diverse student body which is supposed to produce educational benefits and raise the quality of education. The affirmative action programs cause a number of controversies. The opponents argue that the policy discriminates against the majority and therefore violates the Fourteenth Amendment of the Constitution. Many litigations took place in the United States over the course of years, some of the cases were even brought before the Supreme Court. The Bachelor's thesis "The Policy of Affirmative Action at American Universities: Perspective of the Supreme Court 1978-2003" investigates the changes of the Supreme Court's approach to this problem in the period between 1978 (first landmark decision) and 2003, when the Supreme Court dealt with the issue last so far. On the basis of an analysis of the decisions in three significant Supreme Court cases, this paper characterizes the most...
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Problems of discrimination in working environment
Kriegerová, Hana ; Šnýdrová, Ivana (advisor) ; Tureckiová, Michaela (referee)
This thesis deals with the current issue of discrimination in the workplace, especially focuses on discrimination based on age and sex, sexual harassment and bullying in the workplace, legislation that regulates the area of discrimination in labor relations. The theoretical section includes explanations of terms and connections to a given focus and the practical part includes a probe into five large companies examining whether the effects mentioned in the theoretical part actually occur in practice, or how these problems are solved. This probe was in the form of semi-structured interview respondents in their workplaces. The results confirmed the claim that one of the most vulnerable group are women. Larger companies are trying to provide them a variety of advantages as for example flexible-time work, etc. Some companies have confirmed that there were some cases of bullying or sexual harassment in their firm, but these situations have not been solved other than by the dismissal of one of the participants. However, the occurrence of age discrimination was in the surveyed companies not confirmed - despite the theoretical claims and personal experience. It also showed that the respondents, HR professionals from large companies, have a poor conception of the possible solutions of those situations and...
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