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Legal Program

EMPLOYMENT

Victories and settlements in LDF's equal employment opportunity (Title VII) mounted at an extraordinary rate in 1980.

In less than two years we have won over $10 million for thousands of black working men and women.

Between January and June 1980 LDF was involved in five Title VII cases before the Supreme Court, winning all but one. Three additional cases are pending before the High Court including another "reverse discrimination" case-Minnick v. California Department of Corrections-in which the union is challenging an affirmative action plan to increase the number of minority and women employees in the department.

Minnink raises the important question of whether a fully integrated correctional system is necessary for effective law enforcement. In two related LDF cases involving the Detroit police department, this issue is part of our defense of Mayor Coleman A. Young's affirmative action plan to increase the number and rank of black police officers. In the "sergeants case" LDF prevailed in the court of appeals. The white-dominated Detroit police officers union appealed to the Supreme Court for review.

LDF has 23 Title VII cases in various stages in district courts or set for trial. Particularly significant is the large number of cases in courts of appeals. Twenty-one are awaiting decisions or on appeal, and most involve substantial new issues of law in the Title VII area. Additionally, since January, 1980, we have had five major victories including Bernard v. Gulf Oil Co. in the Fifth Circuit Court of Appeals.

Bernard has broad freedom of speech implications, particularly in civil right litigation. A petition for review was filed by the Company and is being considered by the Supreme Court.

HIGHER EDUCATION

A ten-year-old LDF civil rights victory led to a precedent-setting hearing in Washington, D.C. The U.S. Department of Education filed suit against North Carolina, claiming the state has failed to come up with an adequate plan for integrating public higher education and threatening to cut-off federal funds. This is the first time a threat to withhold education funds has ever been made. North Carolina is expected to challenge the authority of the government to do so. 

LDF was granted permission to intervene. We claim that present integration plans are not adequate and will show how the state continues to operate in violation of a court order to "dismantle dual systems" of education. LDF's role also includes 'watchdog' status, making sure the government does not compromise and that traditionally black colleges-historically short-changed in allocation of funding resources and programs-are protected.

Other higher education activities include legal action extending affirmative action principles established elsewhere to higher education, compelling Department of Education legal action where necessary in enforcing compliance of non-discriminatory federal guidelines (Title VI of the Civil Rights Act of 1964) in public higher education, challenging patterns of employment discrimination in statewide systems of higher education, and promoting equal education opportunities for minorities in public higher education systems and professional schools by defending affirmative action.

In publicly funded vocational education, LDF has identified shortcomings in opportunities for minorities. These include under-representation of blacks-both students and instructors-in key vocational training programs; clustering of blacks in non-productive programs; sex discrimination and stereotyping-particularly among black girls and women; questions of access related to admissions procedures and site selection; and inequities in funding by states (in violation of federal law).

VOTING RIGHTS

In a dramatic setback to minority representation in government, the U.S. Supreme Court overruled a series of lower court decisions in favor of district rather than at-large elections in local jurisdictions (City of Mobile v. Bolden).

Civil right advocated has for years argued that elections for city, county, school board and state legislative offices conducted on an at-large basis did, in fact, deny representation to minority groups. Across the South, court victories and legal precedents had forced municipalities to switch to election by district and, consequently, the installation of black officials in increasing numbers.

The High Court decision has halted the movement toward the institution of district elections throughout the region.

The ruling by the Court comes at a particularly critical time, joining this new threat to civil rights progress to similar concerns for voting issues growing out of impending reapportionment (based on the 1980 census) and renewal of the Voting Right Act in 1982. To address these various concerns, LDF is moving to form a coalition of civil rights agencies to marshall civil rights resources.

Education and Leader Development

Herbert Lehman Education Fund

With LDF's victories in desegregating public higher education facilities in the South came the problem of finding the funds to help black students enroll in the newly desegregated colleges. To meet this need, LDF established the Herbert Lehman Education Fund. Its prime thrust was, and continues to be, directed toward undergraduate training.

Earl Warren Legal Training Program, Inc.

The opening of new educational opportunities for black Americans prompted LDF to develop a program that would have an impact on the professions where minorities are still greatly under-represented. Of special significance is the small number of blacks in the legal profession. This problem is particularly acute in the South, especially in the less urbanized areas. In 1972, LDF established the Earl Warren Legal Training Program, Inc. (EWLTP) to increase the number and competency of black lawyers.

EWLTP consists of law scholarships, working fellowships and training institutes for practicing attorneys in specialized areas of civil rights law. It includes financial support and technical assistance to young black lawyers willing to devote themselves to areas where the need for their services is most critical. 

Scholarships

In recent years, the Earl Warren Program has awarded as many as 366 scholarships a year to needs black students who have been accepted at accredited law schools. The average award is $1,000 per year per scholar.

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