Affirmative Action Legislation in the United States

Critics of affirmative action call it ‘reverse discrimination’. This term is misleading because discrimination involves prejudice, inaccurate stereotypes and the assumptions that certain groups are inferior and deserve to be treated unequally. Affirmative action programs that may have worked to the disadvantage of white males did not do so because they were biased against white men and believe that they are inferior and deserving to be treated as lower beings. Corporate America is still disproportionally white and male. White men are still getting the best jobs and the highest pay even though it represents less than half the work force. As long as that is the case, we will need affirmative action to ensure that all of us enjoy a chance to achieve whatever success we envision for ourselves.

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.

It cannot be denied that there are many benefits to affirmative action in that it helps to ensure both fairness and diversity in organizations, such as schools. In many places across American discrimination is still alive and well. Because of this, affirmative action is necessary to action ensure that people of minority groups will not be denied admission to schools or employment based on their race. After all, there are some organizations who would not be willing to change their policies unless forced by the government to do so. Also, many minority groups are still underrepresented in schools and occupations, which is unfortunate because it gives people a skewed view of what the population of America truly looks like and lets them think of different races as simply the homogenous others, instead of seeing them as people. Being around people who are different is “necessary to dispel stereotypes about minorities” and as the Department of Education points out, “Interacting with students who have different perspectives and life experiences can

Affirmative Action began in 1965 when President Johnson signed the Executive Order 11246 in to law. The Executive Order prevents federal contractors from discriminating against any employee or applicant for employment because of race, color, religion, sex, or national origin. The phrase “affirmative action” was first coined, when federal contractors were required to take affirmative action to ensure that applicants were not discriminated against in anyway. When affirmative action was created, it only included minorities. In 1967, Johnson decided to expand the program to include women because women were discriminated against much like minorities. In the 60’s, 70’s and 80’s, affirmative action was a method used to stop

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.

As a minority Roberto Santiago’s essay Black and Latino reveals that even though he has been generally underrepresented by his ethnicity, he has led a successful life without affirmative action. Since Santiago was both African American and Hispanic he dealt with identity issues and stereotypes throughout his adolescent life. Even though affirmative action is supposed to make attempts to improve opportunities for groups that were historically excluded it is still a form of discrimination itself. The preference of one race over another is discrimination despite the fact if the group is gaining benefits. Contemporary society still takes on the controversial debate over affirmative action in educational institutions and employment. Institutions are still pressured to accept more minorities even if they do not meet the full requirements such as in education or in employment. Racial preferences stigmatize minority groups instead of finding better ways to make opportunities equal to minorities. Affirmative action also implies that all minority groups need more assistance in order to succeed, but according to Santiago he triumphed without needing compensation. In educational institutions such as universities they are influenced by affirmative action; since they admit students based on race instead of looking for their qualifications. Even though affirmative action is supposed to create diversity in schools it does not help if minority students are not prepared for a higher

Two centuries of severe racial oppression cannot be remedied by four decades of governmental policy. Public opinion also seems to support the effectiveness of affirmative action policies. In a 1999 poll conducted by Newsweek, “both African Americans and whites say [that] affirmative action has improved conditions for blacks” (Race: Bills and Proposals). The effectiveness of affirmative action is also evident in employment demographics, as “there have been significant gains over the past 20 years in minority employment, even in traditionally segregated trades such as sheet metal and electrical work” (Race: Discussion Guides). Affirmative action programs have also played a major role in education, providing new opportunities that were once denied to minorities.

Have you ever wondered why all companies have employees of all races? Affirmative Action sought to give African Americans workers and minorities equal access to education and employment which was previously denied to them. It makes companies and schools give equal access to minorities.

Some people would say that the policy of affirmative action in the workplace only creates positives like diversity and equality in jobs. But this is not the case. Affirmative action may create diversity, but the equality aspect of it is a little shadier. If one job applicant is highly qualified, but does not meet the requirements of affirmative action regulations, such as a white male, they might be passed up for a less qualified applicant, merely because they fit the affirmative action bill by being a minority or other historically underrepresented category of person. This program goes as far as to set quotas for how many minorities, disabled, women, etc. employers have to hire. Along with this, employers must also write and execute an affirmative action plan in order to comply with federal regulations. (Scott) All of these things are intended to create an environment of equality, but they are now actually doing the opposite by excluding qualified whites. Therefore, affirmative action is no longer a sufficient policy to create a diverse and equal workplace.

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.

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.

Student affairs and higher education professionals must be familiar with legal obligations in regards to their diversity efforts policies in order to be fully compliant and successful in their endeavors.

Many critics of affirmative action believe it has failed to achieve its stated goal of equal employment opportunity. A few even believe that it has done more harm than good. A review of the statistics, however, shows