Affirmative ActionAffirmative Action

PurposePurpose

•Corrective measure for Corrective measure for governmental and social governmental and social injustices against demographic injustices against demographic groups that are said to have groups that are said to have been subjected to prejudice in been subjected to prejudice in areas such as employment areas such as employment and educationand education

•Counter past discrimination Counter past discrimination such that a strategy will no such that a strategy will no longer be necessarylonger be necessary

•Targeted groups may be Targeted groups may be characterized by race, characterized by race, gender, or ethnicitygender, or ethnicity

•People in positions of power People in positions of power are likely to hire people they are likely to hire people they already know, and/or people already know, and/or people from similar backgroundsfrom similar backgrounds

•Enhance racial, ethnic, gender, Enhance racial, ethnic, gender, or other diversityor other diversity

•May argue that the end result- May argue that the end result- a more diversified student a more diversified student body, police-force or other body, police-force or other group justifies the meansgroup justifies the means

•Many claim it has unintended Many claim it has unintended and undesirable side-effects and and undesirable side-effects and that it fails to achieve its goalsthat it fails to achieve its goals

•Argue that it has reverse Argue that it has reverse discriminationdiscrimination

•New wrongs to counter old ones, New wrongs to counter old ones, victimhood in majorityvictimhood in majority

•May increase racial tensionMay increase racial tension

•May benefit the more May benefit the more privileged people within the privileged people within the minority group minority group

•Claims that the practice is Claims that the practice is itself racist and/or sexistitself racist and/or sexist

•Some feel that Affirmative Some feel that Affirmative Action is “reverse Action is “reverse discrimination” and that we discrimination” and that we should stop giving special should stop giving special rights to certain groups while rights to certain groups while others are left outothers are left out

•Other side says that Other side says that Affirmative Action levels the Affirmative Action levels the playing field so people of playing field so people of color and all women have color and all women have chance to compete in chance to compete in education and businesseducation and business

•White men hold 95% to 97% of White men hold 95% to 97% of high-level corporate jobshigh-level corporate jobs

•3000 federal court decisions in 3000 federal court decisions in discrimination cases between discrimination cases between 1990 and 1994, only 100 1990 and 1994, only 100 involved claims of reverse involved claims of reverse discriminationdiscrimination

•6 of these claims were found to 6 of these claims were found to be validbe valid

•Against Affirmative Action: Against Affirmative Action: Affirmative Action isn’t Affirmative Action isn’t necessary anymore because necessary anymore because discrimination is illegaldiscrimination is illegal

•For Affirmative Action: For Affirmative Action: Women and people of color Women and people of color still face discriminationstill face discrimination

•70% of schools are NOT in 70% of schools are NOT in compliance with Title IX, the compliance with Title IX, the federal equal education federal equal education opportunity lawopportunity law

•For every dollar earned by For every dollar earned by men, women on a whole earn men, women on a whole earn 74 cents, African American 74 cents, African American women earn 63 cents, and women earn 63 cents, and Latina women earn 57 centsLatina women earn 57 cents

•25% of all doctors and 25% of all doctors and lawyers are womenlawyers are women

•Less than 1% of auto Less than 1% of auto mechanics are womenmechanics are women

•Women are only 8.4% of Women are only 8.4% of engineersengineers

•Against Affirmative Action: Against Affirmative Action: Women-owned companies Women-owned companies get fewer contracts because get fewer contracts because there aren’t very many of there aren’t very many of themthem

•For Affirmative Action: women-For Affirmative Action: women-owned businesses don’t get owned businesses don’t get their fair share of government their fair share of government contractscontracts

•Less than 3% of federal Less than 3% of federal contracts go to women-owned contracts go to women-owned firmsfirms

•Less than 10% of state Less than 10% of state contracts and purchasing contracts and purchasing dollars go to women-owned dollars go to women-owned firms, even though women firms, even though women own 39% of firmsown 39% of firms

•Some feel that Affirmative Some feel that Affirmative Action should be based on Action should be based on economic needeconomic need

•Some feel that Affirmative Some feel that Affirmative Action is necessary so that Action is necessary so that women and people of color of women and people of color of every economic class have every economic class have the opportunity to enter all the opportunity to enter all fieldsfields

•Women and people of color Women and people of color should have chance to should have chance to compete for jobs in the trades, compete for jobs in the trades, construction, skilled labor, construction, skilled labor, should have access to should have access to professional jobs in professional jobs in engineering, medicine and the engineering, medicine and the lawlaw

•Against Affirmative Action: Against Affirmative Action: feels that Affirmative Action feels that Affirmative Action lowers standards in education lowers standards in education and the workplace by letting and the workplace by letting unqualified people get aheadunqualified people get ahead

•For Affirmative Action: feels For Affirmative Action: feels that it helps qualified candidates that it helps qualified candidates overcome racism and sexismovercome racism and sexism

•By the time today’s college By the time today’s college students are at the height of students are at the height of their careers, 1/3 of population their careers, 1/3 of population will be comprised of African will be comprised of African Americans and Latinos/LatinasAmericans and Latinos/Latinas

•Some feel that they or their Some feel that they or their children can’t get into a children can’t get into a school or their choice school or their choice because of affirmative actionbecause of affirmative action

•Studies show that if half of the Studies show that if half of the people of color who are people of color who are admitted to schools under admitted to schools under affirmative action programs affirmative action programs were cut, the acceptance rates were cut, the acceptance rates of white men would only of white men would only increase by 2%increase by 2%

•Against Affirmative Action: Against Affirmative Action: feels that no one else gets feels that no one else gets special consideration when special consideration when applying to a college or for a applying to a college or for a job- why should women and job- why should women and people of color?people of color?

•For Affirmative Action: feels For Affirmative Action: feels that lots of people get that lots of people get “special” consideration when “special” consideration when applying for jobs or to schoolsapplying for jobs or to schools

•Veterans get preferences in Veterans get preferences in workplaces and on campuses- workplaces and on campuses- which usually benefit men which usually benefit men more than womenmore than women

•Children of alumni get Children of alumni get preferential treatment over preferential treatment over others in admission to collegeothers in admission to college

•Friends help friends and Friends help friends and acquaintances get jobsacquaintances get jobs

•Affirmative Action helps open Affirmative Action helps open doors for women and people doors for women and people of color who often don’t have of color who often don’t have those connectionsthose connections

•Many feel that Affirmative Many feel that Affirmative Action wouldn’t help themAction wouldn’t help them

•However, those for However, those for Affirmative Action feel that Affirmative Action feel that everyone benefits when everyone benefits when discrimination is eliminateddiscrimination is eliminated

•Majority of families depend on Majority of families depend on the income of womenthe income of women

•When Affirmative Action opens When Affirmative Action opens up education, employment, up education, employment, and business, families and and business, families and communities have greater communities have greater economic securityeconomic security

•Business leaders understand Business leaders understand that affirmative action is that affirmative action is necessary to develop a strong necessary to develop a strong workplaceworkplace

•Helps insure that everyone Helps insure that everyone gets the chance to contributegets the chance to contribute

•Some say Affirmative Some say Affirmative Action=PreferencesAction=Preferences

•Others say: Affirmative Others say: Affirmative Action=Equal OpportunitiesAction=Equal Opportunities

•Those for Affirmative Action Those for Affirmative Action say the programs say the programs acknowledge that hundreds acknowledge that hundreds of years of discrimination of years of discrimination cannot be erased in a few cannot be erased in a few decades decades

•Some feel that things are Some feel that things are different now, and we don’t different now, and we don’t need Affirmative Action need Affirmative Action anymoreanymore

•Others feel that until women Others feel that until women and people of color get equal and people of color get equal pay and education, we need pay and education, we need Affirmative ActionAffirmative Action

•Between 1970 and 1990- number Between 1970 and 1990- number of black electricians more than of black electricians more than tripled (14,145 to 43,276) and tripled (14,145 to 43,276) and number of black police officers number of black police officers increased from 23,796 to 63,855- increased from 23,796 to 63,855- attributable to affirmative action attributable to affirmative action plans with unions and local govtsplans with unions and local govts

•1955: only 4.9% of college 1955: only 4.9% of college students ages 18-24 were blackstudents ages 18-24 were black

•1965: 4.9% still1965: 4.9% still

•Late 1960’s, 1970’s: 7.8%Late 1960’s, 1970’s: 7.8%

•1980: 9.1%1980: 9.1%

•1990: 11.3%1990: 11.3%

•Hispanic: 1970: 5%, 1994 9% Hispanic: 1970: 5%, 1994 9% (holding bachelors or advanced (holding bachelors or advanced degrees)degrees)

•Blacks: bachelor’s or advanced Blacks: bachelor’s or advanced degrees went from 4.5% of degrees went from 4.5% of black population to 12.9% black population to 12.9% during same periodduring same period

NebraskaNebraska

•Approved a ban on government Approved a ban on government sponsored affirmative actionsponsored affirmative action

•Bars local and state Bars local and state government from giving government from giving preferential treatment to preferential treatment to people on the basis of race, people on the basis of race, sex, ethnicity, or national originsex, ethnicity, or national origin

•Bans are already in California, Bans are already in California, Michigan, and WashingtonMichigan, and Washington

•Colorado?Colorado?

•Lawsuit pending in Nebraska Lawsuit pending in Nebraska though about the validity of though about the validity of signatures that put the issue on signatures that put the issue on ballotballot

Michigan: Proposition 2Michigan: Proposition 2

•““Michigan Civil Rights Michigan Civil Rights Initiative”Initiative”

•Ban use of gender and race Ban use of gender and race based affirmative action based affirmative action programs in public programs in public institutionsinstitutions

What it did:What it did:

•Eliminate programs that help Eliminate programs that help women achieve pay equity with women achieve pay equity with menmen

•Eliminate programs that Eliminate programs that encourage women to enter encourage women to enter fields where they are fields where they are underrepresented and could underrepresented and could earn higher wagesearn higher wages

•Eliminate outreach and other Eliminate outreach and other programs that inform women and programs that inform women and minorities of opportunities to bid minorities of opportunities to bid on and earn public contractson and earn public contracts

•Eliminate programs that Eliminate programs that encourage female and minority encourage female and minority students at the elementary and students at the elementary and high school level to excel in high school level to excel in reading, science, and mathreading, science, and math

•Eliminate scholarships and Eliminate scholarships and programs that encourage programs that encourage women and minorities to women and minorities to enter medical, science, and enter medical, science, and engineering careersengineering careers

MichiganMichigan

•Michigan women are paid 67 Michigan women are paid 67 cents for every dollar men cents for every dollar men earn, second largest wage earn, second largest wage gap between men and gap between men and women in the entire countrywomen in the entire country

•In Michigan- African American In Michigan- African American households receive on households receive on average 39 cents less on the average 39 cents less on the dollar in wages than white dollar in wages than white householdshouseholds

•Michigan is one of the most racially Michigan is one of the most racially segregated states in this country- segregated states in this country- communities of color often located communities of color often located in poorer neighborhoods; as a in poorer neighborhoods; as a result, children of color often result, children of color often attend underfunded, poor-attend underfunded, poor-performing schoolsperforming schools

•Affirmative action programs Affirmative action programs are put in place to offset are put in place to offset gender and race gender and race discriminationdiscrimination

Equal Employment Opportunity Equal Employment Opportunity CommissionCommission

•1964- end discrimination based 1964- end discrimination based on race, color, religion, sex, or on race, color, religion, sex, or national origin in employment national origin in employment and to promote programs to and to promote programs to make equal opportunity a make equal opportunity a realityreality

•Since become responsible for Since become responsible for ending discrimination based on ending discrimination based on age or disabilityage or disability

•Handles 75,000 to 80,000 Handles 75,000 to 80,000 charges annuallycharges annually

•1997: 79% of whites believe 1997: 79% of whites believe that African Americans have that African Americans have equal chance of getting a job as equal chance of getting a job as whiteswhites

•46% blacks agree46% blacks agree

•44% of both groups feel that 44% of both groups feel that whites are highly prejudicedwhites are highly prejudiced

•62% of both groups consider 62% of both groups consider themselves to hold little or no themselves to hold little or no prejudicesprejudices

University of MichiganUniversity of Michigan

•2002: undergraduate program 2002: undergraduate program and law school take an and law school take an applicant’s race into applicant’s race into consideration during the consideration during the admissions process, as do most admissions process, as do most competitive collegescompetitive colleges

•Violates Title VI of Civil Rights ActViolates Title VI of Civil Rights Act•(bars racial discrimination by (bars racial discrimination by

federally funded institutions)federally funded institutions)

•Violates 14Violates 14thth amendment- amendment- guarantees equal protection of the guarantees equal protection of the laws for all people in the countrylaws for all people in the country

•University says it factors race as University says it factors race as part of an effort to ensure that all part of an effort to ensure that all students get the educational students get the educational benefits of an ethnically diverse benefits of an ethnically diverse environmentenvironment

•Feminist leaders wanted to Feminist leaders wanted to uphold the program’s uphold the program’s constitutionalityconstitutionality

Public AttitudesPublic Attitudes

•Popular support for programs has Popular support for programs has slipped in recent yearsslipped in recent years

•July 1995 poll: three options- July 1995 poll: three options- affirmative action is “basically fine affirmative action is “basically fine the way it is” “good in principle the way it is” “good in principle but needs to be reformed” and but needs to be reformed” and “fundamentally flawed and needs “fundamentally flawed and needs to be eliminated”to be eliminated”

•61% chose reform option, 61% chose reform option, 22% chose elimination, and 22% chose elimination, and 8% favored the way it was8% favored the way it was

•Racial split for support: 11% African Racial split for support: 11% African American in favor of outright American in favor of outright abolition of action, 24% of abolition of action, 24% of Caucasian in favor of abolition of Caucasian in favor of abolition of actions. 15% African American in actions. 15% African American in favor of status quo, 23% African favor of status quo, 23% African Americans believe affirmative action Americans believe affirmative action has been bad for countryhas been bad for country

California- Nov 1996California- Nov 1996

Approved Proposition 209Approved Proposition 209

Outlawed racial preferences in Outlawed racial preferences in operation of public operation of public employment, education, and employment, education, and contracting by 55% to 45%contracting by 55% to 45%

•60% of white voters (including 57% of 60% of white voters (including 57% of white women) supported initiativewhite women) supported initiative

•74% of black, 70% of Latinos opposed74% of black, 70% of Latinos opposed

•Those who voted against: 50% said Those who voted against: 50% said they believe Action should be relaxed they believe Action should be relaxed or eliminatedor eliminated

•80% “recognize discrimination is still 80% “recognize discrimination is still common in society today”common in society today”

Podberesky v KirwanPodberesky v Kirwan

•1994- University of Maryland 1994- University of Maryland scholarship program scholarship program restricted to African American restricted to African American students- court struck this students- court struck this downdown

•University of Texas Law School- University of Texas Law School- divided applicants into two divided applicants into two groupsgroups

•First- blacks and Mexican First- blacks and Mexican Americans, second all others. Americans, second all others. Applied different admissions cut Applied different admissions cut offs to the two groupsoffs to the two groups

•Court held that the law school’s Court held that the law school’s interest in diversity did not interest in diversity did not constitute a “compelling state constitute a “compelling state interest” and that the school interest” and that the school could not take race into account could not take race into account in any form in its admissions in any form in its admissions process (Hopwood v Texas)process (Hopwood v Texas)