Affirmative Action and College Admissions: A Legal and Ethical Analysis

In the controversial realms of affirmative action, the largest issue staunchly fought over is whether minorities should be given preferential treatment in the workplace and in the schools. One side declares that those in the minority group need and deserve governmental aid so that they will be on equal footing with the majority group. Opponents of affirmative action point out that setting apart groups based on their race or ethnicity is purely racism and can lead to reverse discrimination. I am against affirmative action for the aforementioned reasons, and would not consider such racism as necessary for creating a healthy society, as proponents would insist. It is my belief that affirmative action today is out of date and is

For the sake of this essay, affirmative action in education is defined as: “policies and programs designed to advance equality of educationalopportunity for individuals from groups that have suffered systematic historical discrimination” (Mickelson 29). What is being referred to here is race-based affirmative action, or the act of taking into consideration an applicant’s race in the college admissions process. This is a hot topic all over the United States and has been for quite a while, the debate raging between two sides: those in support of affirmative action and those opposed. The ethics of affirmative action itself are difficult to determine, but here an attempt will be made to prove that affirmative action is indeed unfair. In

Being admitted into college is a difficult process, one that requires students to be diligent in their studies, engage in a number of extracurricular activities, and overcome the everyday pressures and challenges that high-schoolers face across the country. Admittedly, not everyone in the United States is born with the same opportunities as socioeconomic factors as well as historic injustices have contributed to a society in which some people are far more likely to achieve upward mobility – of which, obtaining a college degree is a necessary part – than others. While there is need to rectify this reality,

California's decision in 1996 to outlaw the use of race in public college admissions was widely viewed as the beginning of the end for affirmative action at public universities all over the United States. But in the four years since Californians passed Proposition 209, most states have agreed that killing affirmative action outright would deepen social inequality by denying minority citizens access to higher education. The half-dozen states that are actually thinking about abandoning race-sensitive

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”).

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

Today, the United States illustrates many circumstances of race in which a group of a given descent is discriminated against solely based on their physical appearance, despite the high demand for “equality.” Linda Darling-Hammond states that “the color line divides [populations] still… even in the 21st century” and will continue to divide people in future centuries (“Unequal Opportunity: Race and Education”). Some debacles of race include those of a minority population being targeted, however the opposite is true for those trying to become a part of a college or university. In the college application process, the federal government requires the administrators to ask which race the applicant is from on their college application, in order to

Is the education system excluding minorities on the basis of gender and culture? The United States has become one of the most culturally diverse places to live in. The increase in minorities immigrating to the United States has drastically risen. With this in mind, should policies, laws, and institutions, such as education, be restructured and modified to include minorities? Due to their personal experiences, Adrienne Rich, Mike Rose, and Bell Hooks in The Presence of Others, believe education can be seen as the practice of exclusion (93). All three authors argue that in order to prevent the exclusion of minorities in schools, modifications must occur within the system. Mike Rose argues that

The controversy over affirmative action is growing to embody most all selective decisions in American society. From public protection to college admissions, people are becoming resentful of such affirmative action programs. The applicability of these programs in today's American society has been challenged by people ranging from the everyday "Joe", who is finding reverse discrimination in the workplace, to college applicants, who are finding that it takes more than good grades to get admitted, to the Supreme Court, who is finding that some college admissions policies are unconstitutional and promote diversity through unfair means. In California, for example, Gov. Pete Wilson has already

It strictly prohibits discrimination and preferential treatment by state government institutions (as it does not apply to the private sector), and thus grants all citizens of this nation an equal protection of the laws. There are three standards of review under the Equal Protection Clause: Rational Basis Review, Intermediate Scrutiny, and Strict Scrutiny. In this case Strict Scrutiny will be used for the review of the Bruin Diversity Plan because it classifies applicants on the basis of a “suspect classification,” of which race is one. According to Strict Scrutiny, the government must prove that the use of a “suspect classification” is necessary and narrowly tailored to serve a “compelling governmental interest.” Of the four stated goals from the Bruin Diversity Plan, the fourth one which states: “to acquire the educational benefits that flow from a diverse student body,” would be able to serve as a compelling interest according to Justice Powell. In the case Regents of the University of California v. Bakke, Justice Powell in his opinion said that the “goal of achieving a diverse student body is sufficiently compelling to justify consideration of race in

The competition in college admissions has increased as more emphasis is put on obtaining college college education as a way of succeeding. Although there has been a notable increase in college enrollment during the last few decades, there is a disparity in social and economical achievement between Whites and Asians, and African-Americans and Hispanics. In order to combat this gap, the Kennedy administration in 1961 instituted a policy called affirmative action aimed towards counteracting the racial and socioeconomic disadvantages that these minority groups have. Opponents of affirmative action argue that this violates the 14th Amendment, creates reverse discrimination and reinforces racial inequality. Meanwhile, the supporters of affirmative action claim that it is necessary to create equal opportunity for every person and as a way for addressing the discrimination that that has historically affected these people. While affirmative action may seem as a good solution for inequality, it should not be enforced as it only gives a false perception of equality as it creates inefficiencies in the workforce and reinforces ideas of weakness for minorities. Instead of affirmative action, solutions that would create a society where each citizen is given exactly the same rights and opportunities should be pursued.

(Nascoste, 1987, p. 294) One criticism of Affirmative Action is that it discriminates against people based on race and sex, and thus is simply a different form of racism and sexism, that legal discrimination based on birth characteristics is racism regardless of whom indulges in such behaviour. (Nascoste, 1987, p. 297) A different argument against affirmative action states that the minorities who are under-represented are not as capable as the dominant groups. This argument has rarely been made openly in the past half-century. Proponents of this argument point out that even though affirmative action polices have been in place for 40 years the number of Black and Latino college students remains below their proportion of the total population. (Coate, 1993, p. 1229) Some view the disproportionate percentages of different races in schools and jobs as a reflection of minority cultures. Some cultures emphasize education and academic achievement less than others; for example, one might argue that education is highly prized in some Asian countries. Another criticism of affirmative action asserts that these programs encourage economic discrimination in favour of wealthier members of minority groups, since such programs, at least the American versions, do not consider either social or economic class. Critics claim Affirmative Action proponents promote selecting a middle-class

Affirmative Action is a very hot topic in the college and political world. There are very mixed feelings on Affirmative Action. I hope to further explain my views in this paper and help you to understand Affirmative Action.

One of the most heavily debated policies in the U.S. is the use of Affirmative Action in colleges and the workplace. Affirmative Action is a policy which favors the admission of minority groups, often dictated by race or gender, when considering applicants. Supporters believe it encourages diversity, while opponents believe it spawns racial tension. Affirmative action is detrimental to the students of the U.S. because it encourages reverse discrimination and has negative psychological effects on the supposedly “aided” minorities.

This paper discusses the importance of affirmative action in today’s society and the ethical role it plays when Employers and Universities are considering entry to their respected places of establishment. The paper will conclude with what America will face in the future in terms of affirmative action.