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Whether
you believe affirmative action directly affects you or not, it is a very important (and controversial) issue that in a way
truly does affect everyone in society. Whether you are for affirmative action or against it, take the time to review the information
below so that you may become better informed about the topic. The information will make you think and it might change the
way you view affirmative action.
THE FACTS ABOUT AFFIRMATIVE ACTION
·
Affirmative action was created in the
1960s in order to remedy the effects of past discrimination by assisting minorities in assimilating into society and aiding
them when it came to advancing into society. It aims to increase the representation of minorities and women in the workplace
and in education.
·
The policy was used for the first time
by President John F. Kennedy in 1961 when he signed Executive Order 10925. This stated that federal contractors had to use
affirmative action to ensure that all applicants were treated equally despite their race, gender, religion, color, or national
origin.
·
Title VII of the Civil Rights Act of
1964 made it illegal for all employers to discriminate when seeking applicants.
·
Affirmative
Action was designed to protect minority groups as well as women from blatant discrimination in the workforce and in higher
education. The goal was to have equal representation of all genders and racial groups so that these institutions represented
what the population of America was made up of. For example, diversity is needed on
college campuses because students need to be prepared for the real world. In society, they will be working with and associating
with members of other racial groups so they need to learn earlier on how to cooperate with those different from themselves.
·
Quotas were originally used at certain
times under affirmative action to give minorities and women a fair chance when it came to hiring and college admissions (a
certain number of jobs were left open for minorities- though many considered this an unfair advantage.
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FAMOUS CASE STUDIES:
- The U.S. Supreme Court in Regents of the University of California v. Bakke. In 1978, A Caucasian male applied to the medical school at the
University of California.
When he was rejected, he blamed affirmative action, stating that under qualified applicants were being admitted over himself
because they were minorities. The case reached the Supreme Court and ruled in favor of the student. This was a very controversial
decision and a very important milestone for the case of affirmative action. The Supreme Court upheld the use of race as one factor in choosing among qualified
applicants for admission and it also ruled unlawful the University
Medical School's practice of
reserving 18 seats in each entering class of 100 for disadvantaged minority students.
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In 1979, The Supreme Court ruled in United Steel Workers of America, AFL-CIO v. Weber, that race-conscious affirmative action efforts designed to eliminate an evident
racial imbalance in an employer's workforce resulting from past discrimination are permissible if they are temporary and do
not violate the rights of white employees.
- In
1986, The Supreme Court in Local 128 of the Sheet Metal Workers' International Association v. EEOC, upheld a judicially-ordered 29% minority "membership
admission goal" for a union that had intentionally discriminated against minorities, confirming that courts may order race-
conscious relief to correct and prevent future discrimination.
-In 1987, The
Supreme Court ruled in Johnson v. Transportation Agency, Santa Clara County,
California, that a severe under representation of women and minorities justified
the use of race or sex as "one factor" in choosing among qualified candidates.
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In 1994, In Adarand Constructors, Inc. v. Pena, the Supreme Court stated that a federal affirmative action program remains constitutional when narrowly tailored
to accomplish a compelling government interest such as remedying discrimination
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In 1996, In Texas v. Hopwood, the
U.S. Court of Appeals for the Fifth Circuit ruled against the University
of Texas, deciding that its law school's policy of considering race in
the admissions process was a violation of the Constitution's equal-protection guarantee.
Statistics:
The U.S. Bureau of Labor Statistics provided statistics to show how the standing of
minorities in professional positions has increased between 1982 and 1995. African-Americans’ employment rate rose from
5.5 percent to 7.5 percent, while the employment rate of Hispanics rose from 5.2 percent to 7.6 percent. This is in large
part due to the implementation of affirmative action and how it provides the misrepresented with an equal chance in society.
In 1978, African-Americans made up 1.2 percent of the population’s lawyers/judges, 2.0 percent were physicians, 1.1
percent were engineers, and 2.6 percent were university professors. Of the 12.3
percent of the African-American population today, 5.1 percent today are lawyers/judges, 5.6 percent are doctors, 5.5 percent
are engineers, and 6.1 percent are professors (Richey 1). These very statistics show how far the African-American race has
come since the days of segregation.
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| One Common Misconception About Affirmative Action |
IT IS DEBATEABLE: OPPOSING ARGUMENTS
Argument of "Reverse Discrimination"
- Some members of the majority race feel they are discriminated against when they
passed over for a position in favor of a minority or a woman. In many cases they feel that the minority is under qualified
and thus is only receiving the job because of their race or gender (possibly to fill a quota). They feel they are being
punished for actions that occurred in the past that had nothing to do with them. One must be careful though when making this
generalization. If one does not receive a certain job or position, it could be for a variety of reasons, not necessarily
affirmative action. Some are quick to blame affirmative action though and use it an excuse or as a scapegoat at times when
it serves as their advantage. One must also look at themselves and take responsibility for their own actions.
Question of what constitutes preferential treatment? (unfair advantages)
- There are many types of preferential treatment that are utilized in everyday society,
but are not considered as controversial as preferential treatment under affirmative action. Men are paid higher salaries than
women and people get by or advance because of who they know or how much they have. Some feel in order to reach equality, certain
groups must be given certain advantages in order to level the playing field, while others feel everyone should be treated
exactly the same. One must remember though that all racial groups did not have equal standings in the beginning. Do you consider
it unfair when positions are held for minorities and women in order to ensure that all racial groups are equally represented?
Or do you feel everyone should be given equal opportunities and that eventually everything will level off? Do you feel it
is unfair to lower the standards for minorities in order that they may have the opportunity to compete with other racial groups?
Do you feel this degrades them?
Does affirmative action hurt minorities and women in the long run? (idea of personal
merit
-Some feel (including some minorities) that affirmative action polices only hinder
minorities and women because they can imply that they are not able to make it on their own merit. They might rely on affirmative
action (too much) in order to succeed or feel like they won't be given equal opportunities without it. They might question
why they are where they are- because of their work ethic or affirmative action? What about those minorities who aren’t
truly qualified? Is affirmative action hurting them by giving them the false notion that they will be able to thrive in an
environment that they are not ready for? Some though feel affirmative action has allowed women and minorities to come a long
way and advance in a society that preciously did not accept them as equals. Without affirmative action, who knows what place
women and minorities would have today.
Results of Affirmative Action Survey given to high
school students: (Note that some students did not answer all of the questions)
1) Do you feel you are affected by affirmative action in any way? Yes-11
students, No- 6 students, Maybe- 1 student
2) Do you feel you affirmative action is unfair and that it gives certain
people advantages? Yes- 10 students, No-7 students, Maybe- 1 student
3) Do you think affirmative action is only defined by race? Yes-6 students,
No- 10 students, Maybe- 1 student
4) If you could decide, would you vote to have affirmative action abolished?
Yes- 6 students, No- 10 students
Question # 5 was an open-ended
question and was not included on the graph
5) Why do you believe affirmative action was originally created?
The majority answer was that it was created to give minorities and women a chance at equal opportunities.
6) If you are a minority, do you feel affirmative action will help or
hurt you when it comes to college and your career? Help- 3 students, Hurt- 1 student, Not sure- 1 student
7) Do you feel affirmative action degrade minorities? Yes- 5 students,
No- 11 students, Maybe- 1 student
8) Do you think affirmative action is still needed? Yes- 9 students, No-
8 students, Maybe- 1 student
9) Would our world continue to be just without policies such as affirmative
action? Yes- 9 students, No-7 students, Maybe -2 students
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