Affirmative Action : Discrimination And Discrimination

The Founding Fathers wanted all men to be treated equal. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness” (Jefferson, 1776). Unfortunately, equality for everyone has not been truly realized. The main issues affected were people’s skin color and gender. Women and people of color were not considered to be equal for many years. To correct this issue Affirmative Action was implemented. Affirmative Action helped people of color and women to be considered for jobs and accepted into colleges equally among other candidates. Today, equality between races and genders has improved, although Affirmative Action should be modified to meet the needs of today’s society.

Generations of families have suffered due unequal laws or prejudices set in place to prevent minorities from growing. Slavery, segregation, separate but equal laws, the trail of tears, failing ESOL classes, unequal pay and so much more effect today's youth and causing history to change slowly if at all. Affirmative action has good intentions and is very much needed in today's world however it sometimes fails doing what it was created to do.

Holzer and Neumark have gone one step forward in their study and have tried to analyze the fate of women and minority employees who had been hired by firms in order to fulfill their obligations under the affirmative action order. They found that women and minority employees performed as well as their white male counterparts if all of them had the same educational qualifications. They also concluded in their study that firms which had objective methods of analyzing employee’s performance saw more number of women high performers than those who simply depended on the rating given by superiors. Thus this study proves that if objective HR practices are followed and personal biases of the reporting managers are removed; women and minority employees perform as well as male counterparts. Their study also suggests that following affirmative action consistently makes a firm more impartial and the bias is more or less removed after the initial reluctance. One of the major points of argument lately has been the glass ceiling which women employees have to face in Corporate America. People have claimed that there is a barrier which prevents women from reaching the upper echelons. Unfortunately

Affirmative action legislation in the United States has its basic framework in the Civil Rights Act of 1964, which mandates that firms with more than 15 employees are subject to a variety of anti-discrimination policies, more of which were passed in subsequent years. In some cases, the concept of affirmative action was taken to be a voluntary act to attain diversity. For the most part, however, courts have interpreted affirmative action laws as having little teeth under the Constitution. It has been suggested that "racial preferences in federal law or policy are a remedy of last resort" (Dale, 2005)

Affirmative action has been around for decades. Some believe it isn’t fair but others do. Those who believe and agree with affirmative action tend to say, “The principle of affirmative action is to promote societal equality through the preferential treatment of socioeconomically disadvantaged people” (Bidmead, Andrew pg 3). Others that disagree with it and find it unfair simply see it as another form of discrimination, giving one group extra advantages based upon nothing but their skin color (Cline, Austin pg 1). I believe that affirmative action is indeed fair because it gives minorities a better chance at having a successful career in their near future.

Affirmative Action is an employment legislation protection system that is intended to address the systemized discrimination faced by women and minorities. It achieves this by enforcing diversity through operational intrusions into recruitment, selection, and other personnel functions and practices in America. Originally, Affirmative Action arose because of President Lyndon B. Johnson’s desire to integrate society on educational, employment, and economic levels, yet it was John F. Kennedy who issued Executive Order 10925 to create the Commission on Equal Employment Opportunity, a commission that evolved into our modern Equal Employment Opportunity Commission

The Affirmative Action Act was created to ensure that minority groups and women were given the same opportunities in education and employment that were traditionally afforded to white males. According to the National Conferences of State Legislatures, affirmative action is, “…an outcome of the 1960’s Civil Rights Movement, intended to provide equal opportunities for members of minority groups and women in education and employment. In 1961, President Kennedy was the first to use the term "affirmative action" in an Executive Order that directed government contractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." The Executive Order also established the President’s Committee on Equal Employment Opportunity, now known as the Equal Employment Opportunity Commission (EEOC)” (NCLS, 2014). Affirmative action was further reinforced in 1965 by President Lyndon Johnson when he signed an executive order requiring government contractors to increase the number of minorities that are offered employment.

Race-based affirmative action has been challenged by a great deal of objection during the course of it duration. According to its opponents, Affirmative action proves to be inconsistent. Affirmative action based on race increases race consciousness instead of supporting color-blind justice. By giving people special consideration to ensure equality, it contributes to inequality. The constitution of the United States calls for equal treatment, therefore, allowing racial consideration poses a contradiction.

Throughout America there are many different views on the effects of affirmative action. Many see it as a negative policy which gives an unnecessary advantage to minorities in America. In a 2009 Pew Poll, “58% of African Americans agree” and only “22% whites agree” that there should be “preferential treatment to improve the position of blacks and other minorities” ("Public Backs Affirmative Action”).

In the 1960s when minorities and whites were equal according to the constitution but unequal in reality, a program was needed to level the playing field. Thus the Civil Rights Act of 1964 was created and prohibited discrimination. It marked the beginning of a debate that has been going on for nearly a half of a century. Affirmative action needs to be reevaluated in educational settings in light of current needs.

Affirmative Action is an outcome of the 1960’s Civil Rights Movement. Its purpose is to provide equal opportunities for members of minority groups and women in education and employment. It is not until 1961 did the term “affirmative action” was first used by President John F. Kennedy. He made it very clear in an Executive Order that directed government have to take “affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.” Since a lot of cooperation still tends to hire white male, by enforcing affirmative action, the number of minority groups and women in the labor force will increase.Affirmative Action helps to eliminate the imbalance in the society and reform the American system. The US Department of Labor describes affirmative action as the banning of discrimination.

College is a privilege that is now accessible to many people. It has not always been this way though. Lack of money, being deprived of representation, or racism hindered one’s chances in to getting into higher education, especially a minority’s chance. In order to raise against the barriers, President John F. Kennedy created the affirmative action program to provide equal opportunities for everyone, whether in education or in the workforce. Even if this was a program created in the 1960’s, problems continue to present itself as shown through the many court cases, such as Brown vs. Board of Education, Fisher vs. University of Texas, Grutter vs. Bollinger et al, and Hopwood vs. State of Texas. Thus, racial inequality and affirmative action

Discrimination and segregation have been inbred into America’s history from day one. Therefore, there have been many laws and bills passed to break down barriers between privileged whites and unfortunate minorities. Among these government actions are the 14th Amendment, Equal Pay Act, and the Civil Rights Acts. John F. Kennedy perhaps created one of the most heavily debated policies today, his Affirmative Action Policy. Affirmative action is defined as, “the practice of improving the educational and job opportunities of members of groups that have not been treated fairly in the past because of their race, sex, etc.” (“Definition of AFFIRMATIVE” 1). The definition itself is vague and open for a good deal of interpretation which causes much of today’s debates. The most recent interpretation of Affirmative Action came from the Fisher vs. University of Texas at Austin (UT of Austin). Fisher was a white individual who was denied acceptance into the university, and then filed a lawsuit against them. Fisher lost the case at the Supreme Court level in 2013, but the case returned in 2016 again with a much closer vote, so affirmative action is losing some of its power and will continue to be challenged for years to come, but is it worth the challenge (Kut.org 1)? Affirmative Action has served a vital role in the integration of race into universities and the workforce, but now it is outdated and an unnecessary requirement for schools and businesses.

Affirmative Action was first enacted in the United States in 1961 by President John F. Kennedy, with the passage of the Civil Rights Act. It was intended to make hiring and university admittance practices fair, and it also required them to be made without regard to race, religion, and national origin. The law was intended for all groups to have an equal opportunity for employment and higher education, and it required that affirmative action be taken to ensure certain groups were employed or admitted. Gender was later added to the list of factors that could not be used to discriminate against a person. Affirmative Action was needed in America at the time because of the country’s history of discrimination against certain groups, particularly African Americans.

The first use of affirmative action was to increase ethnic diversity occurred in 1961 when President John F. Kennedy Executive Order (10925), required government contractors to take "affirmative action" in the hiring of more minorities and women and ending workplace discrimination, per historian (Stephen Cahn). However affirmative action was not fully enforced until 1964 under the Title VII of the Civil Rights Act where that under “Federal law which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Also in 1971, President Richard Nixon followed in JFK's footsteps by ordering all government contractors to develop a written affirmative action. It generally applies to employers