The United States has always dealt with problems concerning equality and equal chances for all. One of the solutions to this problem is known as affirmative action, or preferential selection used to include groups into areas where they have historically been excluded from. It takes factors such as race, gender, and ethnicity into account to increase minority representations. Its origin can be traced back to the Civil Rights Act of 1964, which prevented employers from hiring or firing individuals based on certain qualities. It was intended as a punishment for those who disobeyed this law. Later, President Lyndon Johnson’s Executive Order 11246 forced federal contractors to employ “affirmative action” as to not discriminate when hiring. It took the national stage in the autumn of 1972, when the Secretary of Labor’s Revised Order No. 4 fully implemented the executive order and applied it nation-wide.
In 2006, 58% of Michigan voters approved Proposal 2, prohibiting preference and discrimination based on race, sex, ethnicity, or national origin in employment and public education. (Bonsur and Brokamp, law.cornell.edu). It clashed with the Supreme Court’s ruling of Grutter v. Bollinger, which decided that certain types of affirmative action were necessary for the country’s future. The NAACP’s legal defense force and a coalition of civil rights groups sued, saying it violated the 14th amendment. The U.S. District Court for the District of Eastern Michigan said that Proposal 2 did not violate the 14th amendment. The decision was appealed and the U.S. Court of Appeals for the Sixth Circuit initially decided that it was unconstitutional, eventually being agreed upon by the full Sixth Court. Michigan’s Attorney General, Bill Schuette, reques...
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... the Constitution did not outline for groups to receive more attention than others nor provide different degrees of equal protection and that thinking this way would give the Supreme Court more power than the Constitution allots it. (Affirmative Action, plato.stanford.edu). The reasons that the Medical School provided were dismissed by Powell as the school was discriminating and that it did not provide enough evidence to support its special programs. Here, affirmative action clashes with fairness as Bakke surpassed the prerequisites to attend the school but was denied entry, as it unfairly favored other groups that might have been less deserving of entry compared to Allan Bakke. As he was not given equal consideration, this is an example of the injustices affirmative action can impose to those who are not minority groups yet are still deserve to achieve their goals.
The Court ruled that the use of racial quotas in its admissions process is unconstitutional. Although the Supreme Court ruled that racial quotas were unconstitutional, in certain cases, more minority applicants could be accepted constitutionally. It was a five to four decision written by Justice Lewis Franklin Powell. Race can be looked upon in order to ensure educational diversity, but other admissions factors must be considered. For example, someone who is a minority cannot be accepted if they do not meet the academic qualifications. For this specific case, the medical school’s process did violate equal protection. The Equal Protection Clause forbids a state from denying anyone equal protection of the law.
The issue of Affirmative Action, preferences towards persons of racial minorities to compensate for prior discrimination, in college admissions is a quite complicated one. Many sides must be explored to gain a better understanding of the theories and views on this issue. It is not easily answered with a yes or no. Since its inception, Affirmative Action’s use has been a major debate in American society. Many questions are left to be investigated. Many believe that we should live in a society where preferential treatment could be eliminated, and admission to college is based solely on one’s merit and character, yet this view seems quite unrealistic.
Last summer, the Supreme Court ruled against the use of race in the college admissions process in the case of Fisher v. University of Texas. Since then, affirmative action has become a big issue in the media; however, many people still do not even know what affirmative action is. Affirmative action is a policy to prevent discrimination on the basis of “color, religion, sex, or national origin.” Overall, it favors minorities that are often discriminated. It might sound like an excellent policy; however, the use of this policy in the college admissions process is prejudice. In the college admissions process, affirmative action lowers the standards for some races, while raising the standard for other races. For example, an Asian might need a SAT score of 2300 to be considered for admission at a top school such as Yale and a white applicant might need a score of 2100, while an African American or Hispanic only needs a score of 1700. While affirmative action provides equality in the workplace, it has no place in the college admissions process and should, therefore, be abolished and replaced. This type of policy can be repealed completely, replaced with a college admissions process that favors first generation college applicants, or replaced with a policy based on an applicant’s socioeconomic status.
Affirmative action is a label for a large range of programs, but all of these methods began for one reason: as a way to fight racism. There were voluntary efforts and mandatory laws enacted in order to accomplish this feat (Wu par 6). It was begun under President Johnson with the Civil Rights Act of 1964 and was followed by his Executive Order 11246, both of which emphasized the fair treatment and employment of minorities. Two years later, women were added to the list. Today affirmative action benefits women, racial and ethnic groups, and the physically, mentally or emotionally disabled to the detriment of white males (“affirmative action” par 1). Due to affirmative action’s efforts, doors have been opened allowing for the equalizing of opportunity in the United States, seen in the types of people working in places such as police and fire departments, as w...
Affirmative Action is the policies that have been introduced to provide equal opportunities to people who have been historically excluded. The action is implemented by providing equal access to education, salary, employment and respect to the group such as women and minorities. The policies were introduced in 1960’s during the civil rights movement in the belief of providing equal rights to the group that has been ruled out by the society. In 1961 President Kennedy was the first to use the term “Affirmative Action” to make sure that all employees are treated in the same manner without discriminating them with their race, color, and national origin. The main reason to establish affirmative action is to increase the employment opportunities and
There has been a long history of racial prejudice in the United States. However the concept of affirmative action is first introduced back during the Roosevelt administration, in its appearance of the Wagner Act, during the midst of the Great Depression (Tomasson et al 126). Historically affirmative action focused on helping black citizens overcome the effects of prior discrimination and segregation (Ciocchetti and Holcomb 2010). Early plans attacked racial barriers obstructing employment opportunities and contract rights. However the implementation of affirmative action programs does not really gain momentum until the subsequent Richard Nixon’s administration period (Fauntroy 2009). It is explained that the affirmative action programs are implemented in response to the presidential speech made by Richard Nixon (Fauntroy 2009). Spe...
Jones, Ed. “Is affirmative action necessary? NO: It’s time to judge on merit.” Denver Post 24 July 2003: B,07.
Rosenfeld, Michel. Affirmative Action and Justice: A Philosophical and Constitutional Inquiry. New Haven: Yale. 1991.
Affirmative action is the process of improving employment, hiring, and admission practices for groups previously discriminated against. Executive Order 10925 issued by President John F. Kennedy in 1961 created the Committee on Equal Employment Opportunity and introduced affirmative action to the country. Affirmative action is a way of compensating for the previous 345 years of slavery and legalized discrimination. Higher education has been utilizing affirmative action in their admission processes since the 1960’s. (Stewart)
The Supreme Court's ruling in Grutter v. Bollinger and in Gratz v. Bollinger are two compelling and complex cases. In the Grutter v. Bollinger case, the Supreme court favored that race and ethnicity along with other factors are justifiable in the admission process of promoting a diverse and inclusive student body on the premises of state law schools. I agree with the court's decision because minorities only make up a small percentage on college campuses and universities, and that race and ethnicity does play a crucial role in recruiting students of colors from various cultural backgrounds. Students must be trained scholars who know how to interact with people from all walks of life and they must be able to adapt and understand different people in different environments in a given context. The goal is for everyone
The black rights and women’s rights movements of the 1960’s fought against injustice and discrimination that had been suffered by minorities for years (Hudson). In response, President Kennedy issued Executive Order 10925 in 1961, creating a Committee on Equal Employment Opportunity and mandating that projects financed by federal funding would “take affirmative action” to ensure that hiring and employment practices were free of racial bias (Hudson). Two more executive orders in 1965 and 1968 prohibited discrimination based on race, color, religion, national origin, and gender, giving the federal government the power to enforce this prohibition (Hudson). However, in current times, affirmative action programs have suffered setbacks. Affirmative action in education has been abolished in Texas by court order, and in California and Washington it has been terminated by public referendum (Bybee).
Affirmative Action has been an issue of contention since its inception during the Civil Rights struggles of mid 20th century America. Discrimination could no longer be tolerated and the Unites States government had an obligation to encourage equality at all levels of the social infrastructure. The main type of discrimination being addressed by Affirmative Action programs was racial discrimination. The Merriam Webster dictionary defines racism as: ‘a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race.’ The Civil Rights Act of 1964, which prohibited discrimination of any kind, laid the foundation for the introduction of Affirmative Action programs. In 1965, Lyndon Johnson signed an executive order requiring government contractors to diversify its staff by hiring more members of the minorities. President Nixon implemented a system in which the government could monitor the progress being made by businesses in hiring minorities. Eventually, high level educational institutions would also see the need for Affirmative Action and the benefits of a diverse student body. Affirmative Action was designed to overcome the issue of discrimination in education and the workplace by giving less fortunate members of the minority an opportunity to level the playing field and achieve success similar to that of their counterparts in the majority. Affirmative Action programs, which encourage the inclusion of minorities in education and at all levels in the workplace, are vital in the effort to eradicate discrimination and provide equal opportunity.
Tanabe, C. (2009). From the courtroom to the voting booth: Defending affirmative action in higher education. Philosophy of Education Yearbook, 291–300.
The issue of affirmative action has been a controversial one since its inception. The law was developed during the 1960’s as a result of the civil rights movement and the need to address injustices committed against minorities throughout the United States history. There were multiple attempts to correct the inequities between the majority and the various minorities including the 13, 14 and 15th Amendments. The Civil Rights Act of 1964 allowed for the creation of the Equal Employment Opportunity Commission (EEOC) to create rules to end discrimination. Affirmative action came into being with the executive order 11246 issued by President Johnson. The Civil Rights Act and President Johnson’s executive order have been updated throughout the years to address gender, disabilities, age and other characteristics that could be considered discriminatory.
The need for affirmative action was a concept noticed in 1865 during the passages of the Civil War amendments. During those years our country was still practicing in slavery and wrongful treatment of the black race. While blacks were being forced to comply to the rules of slavery, many individuals were denied their rights to food, clothing, shelter, employment, education and many other wants and/or needs. Similar acts such as these over time lead the law of affirmative action. Over the years, affirmative action plans and policies continue to merge to further in the efforts of benefiting the equality among historically disadvantaged ethnic groups as well as women. From our past to our present many people who are equally qualified and in need of jobs, services, assistance and/or necessities are denied due to their gender, race, religion, and/or ethnicity. Acts of discrimination are not just associated with employment but extend to educational opportunities, housing needs, contracting for small and large business and other public services.