Affirmative Action

1
Affirmative Action

• Why the Debate?

2
What is Affirmative Action?

• Affirmative action is a government policy/program
  that seeks to redress past injustices against
  specified groups by making special efforts to
  provide members of these groups with the access
  to educational and employment opportunities
• Introduced as a means of integration
• Affirmative Action also dealt with issues
  revolving around equal opportunity employment and
  federal contract compliance
• 
  

3
The Key Issue

• On whom should the burden of proof in Affirmative
  Action cases be directed, on the plaintiff (i.e.
  the employee) or the defendant (i.e. the
  employer)?
• A series of court cases would address this
  question as well as the constitutionality of the
  Affirmative Action initiative

4
Regents of the University of California v. Bakke
(1978)

• A white male named Allan Bakke sues the U of
  California at Davis Medical School on the basis
  that he had been denied admission because of his
  race
• The school had reserved 16 percent of the
  admission slots for minorities
• Bakke won his case and was admitted
• However, Affirmative Action not ruled
  unconstitutional
• Quota system rejected but being a minority could
  be used for consideration in these decisions

Courtesy www.maxwell.syr.edu/plegal/scales/bakke
vis.html
5
Wards Cove v. Atonio (1989)

• Further supports Bakke case
• Burden of proof shifted from the defendant (the
  employer) to the plaintiff (the employee claiming
  discrimination)
• Also, A. Action policies already approved by fed.
  courts could be challenged by non- minorities
  claiming discrimination

6
Adarand Constructors v. Pena (1995)

• Further weakened A. Action
• all A. Action policies put under strict scrutiny
  by govt
• Clintons idea to mend, not end A. Action

7
Hopwood v. State of Texas (1996)

• White students said that the admission practices
  discriminated against them
• The US Court of Appeals for the Fifth Circuit
  (applies to some states, not all) supported their
  case, outlawing race considerations for
  scholarships and admission in state schools
• A lot of back and forth cases followed

Courtesy LA Times. http//www.latimes.com/include
s/ramirez/ramirez_20030624.gif
8
Gratz v. Bollinger (2003)

• Bollinger, the president of the U of Michigan,
  accused that the admissions point system (giving
  minorities 20 out of 150 points) promoted
  discrimination
• Received a lot of news attn.
• Court decided that this point system was as bad
  as quota system rejected in Bakke

9
Grutter v. Bollinger (2003)

• Challenged U of Ms Law School admissions
  practices
• Court allowed race to be considered (not used in
  a mechanical way) in admissions but the policy
  was to be still under strict scrutiny
• strengthened A. Action

10
Is Affirmative Action Helpful?

• YES
• compensates for past injustices
• levels the playing field
• is not a big issue when there is equal
  credibility among candidates
• even with A.Action, white males hold around 95
  percent of high level corporate jobs
• discrimination still a serious problem
• veterans get benefits and preference as well as
  their descendents
• racism prevents talented minority candidates
  from landing the job they want (Shouger
  Merchant)
• Is not perfect, but is a step towards equality
• Mend it, dont end it (President Clinton)

• NO
• minorities statistically have higher failure
  rates
• promotes discrimination to non-minorities
• hinders minorities credibility and respect
• not responsible for ancestors indiscretions
• promote inequality
• minority students should not have to defend
  themselves and their accomplishments (Nicole
  Marklein)
• classification of race is becoming increasingly
  difficult
• If they dont want me because Im black, I dont
  want to work with that company anyway. Who wants
  to be in a racially discriminatory workplace?
  (Anonymous)

11

• This debate is far from over. Court cases and
  rulings will continue in the future and may
  reshaped the use of Affirmative Action procedures.

Sources Ginsberg, B., Lowi, T., Weir, M.
(2005). We the People (5th ed.). New York W.W.
Norton and Company Inc. Marklein, Nicole. (2003,
October 1). Affirmative Action Decision a Missed
Opportunity. Badger Herald. (University of
Wisconsin - Madison). Merchant, Shouger. (2004,
April 26). Affirmative and Negative Action.
Daily Illini. (University of Illinois).