TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

AKTUELU ENTWICKIUNGEN 1M STAATSANGEKÖRIGKEITS -, AUSLANDER- UND FÜCHTLINGSRECHTARTIUL BY and work their way to the top. The US education systemPHlUPRİIN off ers students r, 3rd, and 4th opportunities to succeedin schooi. School and university quality varies wideiy,but government agencies generaliy treat diplomas anddegrees equally. Some children of immigrants becomelawyers and practice public interest Iaw, often suinggovernment agencies and large ernployers on behaif ofminorities. Law and activism 15 a common route to upwardmobility for minorities in the US, including now-President Obama.3. There is discrimination in the US, and afhrmative actionto remedy past government discrimination as weil aslaws that allow those who suffer economic losses becauseof discrimination to recover their losses and punitivedamages. Aflirmative action programs cover immigrantswho did not sufter discrimination in the US, andare very controversial. The US Supreme Court, in a 5-4decision (Grutter v. Bollinger) in 2003, said that publicuniversities may consider race as one factor in decidfngwho to admit, but race cannot be the dominant or overridingfactor. By extension, employers may considerrace in hiring, but it cannot be the major factor in hiringdecisions.The EEOC (www.eeoc.gov) enforces federal anti-discriminationlaws in the US, and Title 7 of the Civil RightsAct aliows punitive damages if employers discriminatebecause of race, sex, national origin, religion to punishpast wrongdoing and deter future wrongdoing. Thecoriibination of ciass action suits and punitive damagesmeans that almost ali employers have written policiesand procedures to avoid discrimination in hiring, layoffs,promotion etc.There is considerable uncertainty about how dual nationality,affirmattve action, and anti-discrimination laws wiili interact toaffect the integration of especialiy children of iow-skill Hispanicimmigrants (Mexican immigrants have an average eight years192