DISCRIMINATING ISSUES
Examining How U.S. Law Defines Discrimination

Grades:  6-8, 9-12

Subjects:  American History, Civics, Language Arts, Social Studies

Related New York Times Article
"Lifetime Affliction Leads to a U.S. Bias Suit, By STEVEN GREENHOUSE", March 31, 2003

Overview of Lesson Plan:: In this lesson, students will research the issues surrounding a variety of types of discrimination, then write editorials analyzing legal and social positions on discrimination in the United States.

SUGGESTED TIME ALLOWANCE:
1 hour

OBJECTIVES:
Students will:

1. Identify different types of disabilities, obstacles faced by people with these types of disabilities, and supports people with this type of disability receive using a definition of "disability" put forth by the Americans with Disabilities Act.
2. Learn about a physical discrimination case in which the plaintiff does not have an impairment that prevents her from doing a wide variety of jobs by reading and discussing "Lifetime Affliction Leads to a U.S. Bias Suit."
3. Examine the issues surrounding a variety of discriminatory topics and create posters illustrating this issue.
4. Write editorials comparing Ms. Robichaud's discrimination case to other types of discrimination they learned about; consider how different types of discrimination are treated by the law, and recommend solutions for Ms. Robichaud's case.

RESOURCES / MATERIALS:

• student journals
• pens/pencils
• paper
• classroom blackboard
• copies of "Lifetime Affliction Leads to a U.S. Bias Suit" (one per
• student)
• resources about discrimination and court cases (civics textbooks, social studies textbooks, computers with Internet access)

ACTIVITIES / PROCEDURES:

1. WARM-UP/DO-NOW: In their journals, students will respond to the following prompt (written on the board prior to class): "According to the Americans With Disabilities web site, a disability is defined as: 'a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.' Using this definition, with what types of disabilities are you familiar? What obstacles might a person face with this particular disability? How does society try to support a person with this type of disability? Try to answer these questions for as many disabilities as time allows." After a few minutes, allow students time to share their answers. The teacher should record their answers on a chart with the following headings: "Disability," "Obstacles," and "Supports." Discuss the following questions: How might a disabled person overcome an obstacle he or she faces? Is American's with Disabilities' definition of a person with a disability broad or specific? Why is it written in this fashion?
2. As a class, read and discuss the article "Lifetime Affliction Leads to a U.S. Bias Suit," focusing on the following questions:
   1. With what type of birthmark was Samantha Robichaud born?
   2. Why did the Equal Employment Opportunity Commission file suit against a McDonald's franchisee?
   3. How many children are born with port wine stains?
   4. How do these birthmarks develop?
   5. When did Ms. Robichaud begin working at McDonald's?
   6. What was Ms. Robichaud's professional goal?
   7. Why did Ms. Robichaud get frustrated with her job?
   8. What did the shift manager tell Ms. Robichaud?
   9. How did this comment change Ms. Robichaud's attitude towards her work?
   10. What did the E.E.O.C. say about her case?
   11. To what type of crime did Sharon Rennert compare Ms. Robichaud's situation?
   12. According to the article, why is this lawsuit unusual?
   13. How did a 1999 Supreme Court Case interpret the Americans with Disabilities Act?
   14. How does this interpretation affect Ms. Robichaud's case?
   15. What message is Ms. Robichaud trying to spread?
3. Divide students into seven groups. Explain that each group will be researching a different issue that has received attention for discrimination and creating posters showing the current biases and legal struggles surrounding this issue. Assign each group a discrimination topic, such as Sexual Orientation, Ethnicity (Hispanics or African-Americans), Women, Ex-Convicts, Race/Religion (Arab/Islam), the Elderly and Rape Victims.
   To begin their research, provide each group with the corresponding web site, which will introduce students to a particular issue or court case within their topic (written on the board or copied in a handout for easier access):
   • Sexual Orientation ( http://www.religioustolerance.org/hom_empl1.htm; http://www.bsa-discrimination.org/)
   • Ethnicity (Hispanics or African-Americans) ( www.naacp.org; http://www.ethnicmajority.com)
   • Women ( http://eserver.org/feminism/equal-pay.txt; www.now.org/issues/violence; http://www.ojp.usdoj.gov/vawo)
   • Race/Religion (Arab/Islam) ( www.aaiusa.org/discrimination.htm; http://www.adc.org/hate_crimes.htm)
   • the Elderly (http://www.eeoc.gov/laws/adea.html; http://www.chamber2u.com/2303050DiscrAge00.asp; http://www.globalaging.org/elderrights/us/discriminationcase.htm)
   • Rape Victims (http://www.wsws.org/articles/2000/may2000/sup-m18.shtml; www.ojp.usdoj.gov/vawo)
   For each topic, students should research answers to the following questions, along with any other information they think will be valuable for this assignment (written on the board or copied in a handout for easier access):
   • What event(s) helped to bring this type of discrimination into the public eye?
   • What are the major issues that affect your assigned topic?
   • What types of people are affected by your topic?
   • What national or state organizations or agencies are involved in helping to prevent this type of discrimination?
   • Who are the spokespeople speaking out against this type of discrimination? (Are there nationally recognized people involved with this topic?)
   • Where do most cases of discrimination for your topic occur?
   • What are the monumental court cases or legal battles connected to your topic?
   • What recent legislation has affected your assigned area of study? Are these national or state laws?
   After completing their research, each group should work together to design a poster illustrating the group being discriminated against, the major issues and agencies involved, and the laws that have been passed or amended due to increased awareness of this type of discrimination. Somewhere on their poster, students may want to include a timeline of events showing the evolution of discrimination and this issue.
4. WRAP-UP/HOMEWORK: Individually, students will write editorials for their school newspapers analyzing the plight of Ms. Robichaud as it compares to the discrimination of their assigned research topic. Students should consider the social and legal implications of both types of discrimination and make recommendations for what should happen in Ms. Robichaud's case.

DISCUSSION QUESTIONS:

• What is the Americans with Disabilities Act?
• How do Ms. Robichaud's other job experiences compare to her experience at McDonald's?
• What other types of birth defects cause disfigurement but not a disability that prevents a person from working at almost any job?
• What is beauty? What are some ways that beauty is defined?

EVALUATION / ASSESSMENT:
Students will be evaluated based on thoughtful journal entries, participation in class and group discussions, thorough examination of issues surrounding a specific type of discrimination, and thoughtful completion of an editorial for the school’s newspaper.

VOCABULARY:
shabbily, franchisee, derisively, sought, superiors, rebuff, morale, compensator, punitive, remedy

EXTENSION ACTIVITIES:

1. Write a report explaining how a particular government agency supports the Americans with Disabilities Act. Choose a federal agency. such as: Equal Employment Opportunity Commission ( http://www.eeoc.gov/), United States Department of Transportation (http://www.dot.gov/accessibility/index.html), The Access Board (http://www.access-board.gov/), Department of Education (http://www.ed.gov/offices/OCR/index.html), Health and Human Services (http://www.hhs.gov/ocr/index.html).
2. Write a series of diary entries from Ms. Robichaud's point of view during her time at McDonald's. What thoughts and emotions might she have experienced?
3. Re-create the experience of a learning disabled student after watching the video, "How Difficult Can This Be? F.A.T. City." Have participants write reflections about their experiences, and compile a list of suggestions for helping learning disabled students in the classroom.

INTERDISCIPLINARY CONNECTIONS:
Economics

• Create a flow chart showing the chain of command at a fast food restaurant like McDonald's. Include salaries, lengths of employment needed for promotion, training requirements, etc.
• Choose a public building such as a school, court of law, etc. and research the different structures designed to accommodate people with disabilities. Create a pie chart illustrating how the costs of these structures compare to the cost of the entire building project.

Global Studies- Write a research paper examining how disabled persons are treated in other countries. Choose a country such as China, India, France or Argentina. Research how this country legally cares for its disabled population. Are their laws similar to the laws in the United States? What protective rights do these people have?

Copyright 2003
The New York Times Company