The issue of affirmative action has been debated for over 25 years and now it has again come to the forefront of America's agenda. The University of Michigan has been sued for discrimination due to its affirmative action programs for student admissions. There could be immense social impact upon the announcement of the Supreme Court's decision. The result of this Supreme Court case could change the workings of higher education admissions and policies of employment throughout the country.
Before the issue of affirmative action is discussed and misunderstood due to racial, rational, or irrational reasons, affirmative action is defined as the "set of public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex or national origin."
Its ideals originated from the 13th, 14th and 15th Amendments, the Civil Rights Act of 1964, the Voting Rights Act of 1965, President Lyndon Johnson's 1965 executive order no. 11246, where he coined the term "affirmative action," and the 1978 Regents v. Bakke decision.
Linked closely to Affirmative Action is the U.S Equal Employment Opportunity Commission, which, created by Title VII of the Civil Rights Act of 1964, prevents discrimination in employment of minority workers. Minorities include Vietnam veterans, disabled persons, and qualified women. The whole idea of affirmative action is to create non-discriminatory schools, workplaces, and society in America.
The primary reason why affirmative action is so controversial is because the realities of the issues involved are clouded by myths and rumors.
Many people believe that affirmative action programs are based on quotas. The basis of this myth is that some believe that schools and firms actually have a quota or a certain number of openings that are reserved for women and minorities. The truth is that quotas are prohibited by the Civil Rights Act of 1964 and violates the Equal Protection Clause of the Fourteenth Amendment. Instead, affirmative action programs, ideally, have goals to recruit the same percentage of women and minorities, in a group of people with similar salaries, duties and opportunities, to the percentage of women and minorities qualified for such positions. The University of Michigan awards points for various qualifications in a 150 points system for student admissions.
Others may perceive that affirmative action as benefiting women and minorities on the basis of gender and race instead of their capabilities and merit. Some would imagine that women and minorities who are mediocre are preferred over more capable individuals through affirmative action. Often when the qualifications of applicants are equally good, external discriminatory factors could determine who gets the nod. While there is no substantial evidence to suggest women and minorities acquire jobs, places in school, and promotions due to affirmative action programs, the Glass Ceiling Commission found that white male college graduates are 40 percent more likely to hold administrative, managerial, and executive positions than statistically expected.
To some, affirmative action amounts to reverse discrimination. This wrongly suggests that some, if not all, of women and minorities are not as qualified as the typical white male. Affirmative action does not imply that any one group will gain preference. Affirmative action simply tries to level the playing ground for any group of candidates to include proportional amounts of qualified minorities.
In many professional fields of work, there are few women or minorities but there are plenty that are qualified for them. With affirmative action, there are more applicants available for a position. In fact, many women and minorities would not apply for positions where they are likely to be disappointed due to factors other than qualifications. With more choice, there could only be more quality in a more diverse pool of applicants.
Affirmative action is not a political correctness tool or a form of vengeance for suffered discrimination; it is a necessary part of a grand plan to diversify the schools, work places, and social environment of America. No matter how the Supreme Court decides to rule, there will always be a need for affirmative action for a fairer world.
Photo: Courtesy of Laron Fomby
