Ricci V. Destefano Case Summary

Affirmative action is a policy or a program that seeks to redress past discrimination of minorities through active measures in order to ensure equal opportunity, as in education and employment. In other words, it is policy that was established to hopefully eliminate racial preference and equalize the United States. The fight against discrimination has been a long lasting one that started with the case of Plessy vs. Ferguson, which ended in the desegregation of all schools (Ficker). Affirmative action was put into place in 1965 when President Lyndon B. Johnson signed the Executive Order that mandated government contractors to “take affirmative action” in all aspects of hiring and employing minorities (Brunner). Upon its arrival, the policy

Affirmative Action is one of the many social issues facing America today. Affirmative action was signed into place in 1961 by President Kennedy and allows minority groups or people who face discrimination to become employed or get an education that is equal to that of a white male. Groups that Affirmative Action aims to help are women, blacks, Latinos, and people with disabilities. While these policies were signed to slowly rid the workforce and schools from discrimination, it hurts people who do not face discrimination, specifically whites. Many white men and women lose special opportunities to work or go to college because of certain standards that the Affirmative Action laws require. Universities and the military require a certain number of minorities in order to meet the standards and have a more diverse atmosphere. An example of this is the California V. Bakke supreme court case of 1978.

On June 29, 2009, the last day of the United States Supreme Court’s 2008–09 term, the Court rendered the much anticipated decision in Ricci v. DeStefano, 129 S. Ct. 2658, 174 L. Ed. 2d 490 (2009). Ricci was quickly dubbed the “white firefighter’s case” by many, however, the case involved much more than the firefighters’ asserted right to a promotion.

The California Civil Rights Initiative (CCRI) asked the question: Why should the people of California constitutionally prohibit themselves from ever again taking gender, race, national origin, ethnicity, or color into account in the operation of public employment, education or contracting? I think that even though affirmative action is a good idea, I can not disagree with the CCRI because even though we should not have to go that far to have to bring those kinds of things into the situation. All businesses, schools, etc., should have people of different colors, races, and ethnicity because it gives people a sense of belonging and allows people to make new friends of different origins and to learn from them. I feel that if we ignore the fact that we need people of different race, color, etc., in schools, jobs, etc., and continue to do it "the old way." Then we will again live in a world of hate and crime like it once was when we did not allow woman or people of different races into our society, as far as schools and businesses are concerned (no author, see work cited #3).

Affirmative Action is an extremely controversial policy that has deeply affected millions of Americans. Balancing equal opportunities and the discrimination of minorities, employers, and government agencies use the policy Affirmative Action. According to Merriam-Webster dictionary, Affirmative Action is defined as “An active effort to improve the employment or educational opportunities of members of minority groups and women” (Merriam-Webster). One of the main criticisms of Affirmative Action is that it takes employment opportunities out of the hands of qualified applicants, and puts them into the hands of under-qualified minorities. Many government agencies use this policy, including the Los Angeles County Sheriff’s Department, the fourth largest policing agency in the United States.

The purpose of affirmative action is to ensure equal opportunity for minorities. But it has strayed from its original intent and has become largely a program to achieve not equal opportunity but equal results. It is a system of quotas forced upon American businesses and working class by the federal government. A law which forces people to look at race before looking at the individual cannot promote equal opportunity. Affirmative action continues the judgement of minorities by race; it causes reverse discrimination, and contradicts its purpose.

Another legal case that was reviewed, and is a directly correlated to EEOC and Civil Rights discrimination issues is the Alaimo v. Thompsonville Fire District #2 and Collen Ann Reidy. In this case we again see Civil Rights Act violations as well as Federal Rehabilitation Act of 1973 under 29 USC § 791 and Fair Labor Standards Act of 1938 violations (Phelan, 2015). Additionally, we see State of Connecticut Workers Compensation Retaliation Violations related to Conn. Gen. § 31-290a and Conn. Gen. § 31-76b. In this case we again see retaliation against Alaimo for he didn’t agree with a politicians plans not to build a new fire station. Instead of following the laws, statues, regulations and policies as they relate to an employee the Commissioners

Affirmative Action remains one of the more complicated and controversial topics dealt with in American society. Affirmative Action is an action or policy designed to protect specific groups who suffer from discrimination, and provide them with programs and special opportunities. These government or private programs were designed to set right historical injustices towards the members of these groups who have suffered things like employment and educational disadvantages from racial discrimination. The goal for these actions are to redress past wrong doings by fixing things like inequalities in employment and pay, as well as increasing opportunities for education. By achieving this, the outcome would restore equal access and opportunity in favor of the members of these groups. These groups generally consist of certain minorities that have suffered from social ills such as slavery and segregation.

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.

Racial discrimination occurs everyday to many different people. In America,the individuals who are usually discriminated against are the minorities like African Americans and Hispanics. Affirmative action is a policy that was created and has been claimed to be positive discrimination. The policy was created to give equal opportunity to groups of people who are usually discriminated against. Although Affirmative action has been named to be positive and support minorities, it is still unjust. There should be no positive aspects of racial discrimination. Many believe that it is only racial discrimination or racist if a caucasian person discriminates against a person of color but do not consider it racism if it happens to be the other way around. Racial Discrimination in any form is harmful which is why affirmative action policies are not correct.

     What is it? Well affirmative action is, in plain text, the consideration of your class, race, gender, color, ethnicity, national origin, and disability when deciding who gets a certain job or admission into a school. If you are amenity applying for a job and there are other people that are applying as well then you will be considered for the job over one of the other people, even if they have more experience. It is not only for jobs, it is also used in any situation that there is a minority or different person, racially or ethnicity, because the particular business or corporation needs to have some minorities working in that business or in that school. They do this because of a

(Goldman, 1976, p. 181) An affirmative action program is a management tool designed to ensure equal employment opportunity. A central premise underlying affirmative action is that, absent discrimination, over time a contractor's workforce, generally, will reflect the gender, racial and ethnic profile of the labour pools from which the contractor recruits and selects.

According to Raymond A. Noe, affirmative action is an organization’s active effort to find opportunities to hire or promote people in a particular group (Fundamentals of Human Resource Management 68). There are various arguments for and against affirmative action. Some believe that it gives certain groups of people an equal opportunity to find employment where they would otherwise be kicked under the rug. Others believe that even though it creates an opportunity for minority groups, the issue of reverse discrimination comes into play where once predominantly white male jobs offerings go to women and minority groups instead. The topic of affirmative action remains very controversial and

What is Affirmative Action or also known as, “Positive Discrimination” according to the article? Affirmative Action or Positive Discrimination is when an education institution or organization enrolls/accepts applicants based on the applicants race. The article states, colleges and universities want to have diversity within the campus because it either looks good amongst other educational institutions or also, help the campus it self. If taken under consideration, being diverse can have many positive affects on individuals within the campus, such as expanding the knowledge of students by learning different cultures. The article also states the negative; it affects the applicants who want to be admitted but are denied due to their race.

Defined from the National Conference of State Legislatures, Affirmative action policies are those in which an institution or organization actively engages in efforts to improve opportunities for historically excluded groups in American society. Mainly focused