The Study of Affirmative Action Essay

There are many supporters and opponents of Affirmative Action. The focus of Affirmative action is meant to be an attempt at equality throughout society. Every sector in America would be equal and unprejudiced. On the other hand, adopting affirmative action would force many employers to replace hard-working employees with those possibly less qualified simply due to their gender or ethnicity. Throughout history, people have been categorized into different groups. These groupings were based on certain characteristics people shared, whether it was their ethnicity, race, gender, or religion. Society is notorious for distinguishing among different groups and favoring one or two of them. Undoubtedly, this separation of peoples, led to increased tension between various groups. As time progressed, the conflicts intensified, and it became apparent that a change was necessary. So I intend to educate the reader on the origin of Affirmative Action; how it impacted the American society; is it still needed in today’s environment; what are some of the drawbacks or issues that came from implementing Affirmative Action, and finally what is the most beneficial aspect from Affirmative Action. One of the most famous quotes about Affirmative Action comes from President Lyndon Johnson who explained the rationale behind the use of affirmative action to achieve equal opportunity in a 1965 speech: “You do not take a person, who for years, has been hobbled by chains and liberate him, bring

Affirmative Action has become one of the most controversial issues regarding college admissions. It is an issue that exposes profiling to its highest extent. Race, gender and income now become vital factors in education opportunities. Affirmative Action is the procedure that is used as a criteria in admissions that will increase the points a college applicant receives on their application evaluation based on the previous factors. Whether race should be considered in the admission of a college applicant, is without a doubt a must in all states. Affirmative Action definitely will improve the opportunities of a minority student applying at a university but it will not be the deciding factor. When

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

In the years since, interpretations of these laws by the U.S. Supreme Court has defined how affirmative action policies are to be implemented. The Court has held that affirmative action policies are Constitutional wherever it can be shown that ""¦ there has been a clear history of racial discrimination" (United Press International). In 1978, the Court ruling in Regents of University of California v. Bakke defined the concept of 'reverse discrimination' by holding that slots for medical school admissions could not be set aside for minorities, because it could result in admitting less qualified candidates based on racial quotas. In 2003, in Gratz v. Bollinger, the Court defined the concept of 'individualized consideration' when it declared that an undergraduate affirmative action policy at the University of Michigan was unconstitutional because it focused on the race of applicants rather than their

According to Newman, affirmative action is a “program designed to seek out members of minority groups for positions from which they had previously been excluded, thereby seeking to overcome some institutional racism” (Newman, 536). Affirmative action made its debut with a piece of legislature passed by President Lyndon Johnson in 1964 and continues to this day. However, the concept of affirmative action is a controversial issue that continues to be hotly debated.

During 1978, Alan Bakke was denied acceptance into the Medical School at the University of California. Bakke had a higher grade point average and higher test scores than other students who got accepted. Under the circumstances, Bakke stated he was denied acceptance because of his race. Not only did Bakke get denied because of his race, was a white male. Immediately he noticed and took the case to court. The Fourteenth Amendment of the US Constitution stated Bakkes rights being the Equal Protection Clause. (Bakke v. University of California)

In response to the allegations, the University of Michigan asserted that their policy was designed to promote diversity and ensure “unique contributions to the character of the Law School” (Cornell University Law School, n.d.). The University of Michigan maintained that they did not employ racial quotas rather they systemically focused on improving diversity in each entering class. The University associated their policy to Regents of Uni. Cal. v. Bakke (1978) which addressed race in university admission decisions.

In the Regents of the University of California v. Bakke (1978) case, Allan Bakke, a white applicant, tried applying to medical school twice and was denied, even though his GPA, and test scores were better than others who were recently admitted. According to the court, they believed that “no applicant may be rejected because of his race, in favor of another who is less qualified, as measured by standards applied without regard to race”. Because of this, the shut down the system that discriminated against other races. In the Grutter case, Justice Sandra Day O’Connor said that “Equal Protection Clause does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational

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 case involving the affirmative action policies was the Regents of the University of California v. Bakke. This is another case of “seat holding” in where the school admission policy was reserving a number of sets for minority applicants. Bakke, a white applicant, was denied twice to the medical school. Minorities were allowed admittance with low-test scores though Bakke had high MCAT scores, GPA, and benchmarks (McBride, 2007). The result of the whole trial was that the California Supreme Court found that the system explicitly discriminated against racial groups and stated, “No applicant may be rejected because of his race, in favor of another who is less, as measured by standards applied without regard to race,” (McBride, 2007). The medical school was then ordered to shut down their quota system.

Stephen and Calvin, the two lawyers representing Allan Bakke, said that he wasn’t permitted into the Special Admissions Program based on his ethnicity. They said it

& Martinez, 2003). The Supreme Court ruled that the University of California was wrong in the way they approached a special admissions program that was open only to minority applicants (Aguirre Jr. & Martinez, 2003). The ruling argued that the special admissions program violated the equal protection clause of the Fourteenth Amendment (Aguirre Jr. & Martinez, 2003). Justice Lewis Powell, Jr. stated in his opinion on the Bakke case that quotas “would hinder rather than further attainment of genuine diversity” (Aguirre Jr. & Martinez, 2003, p. 141). Justice Powell, Jr. also wrote that race is only one part of many factors that an institution can consider in truly achieving a heterogeneous student population (Aguirre Jr. & Martinez, 2003). By siding with Bakke in this case, the Supreme Court essentially outlawed the use of racial quotas in admissions processes in higher education, yet universities took this as it is okay to use race as a selective factor as long as there are no quotas (Aguirre Jr. & Martinez, 2003).

Affirmative Action has been an issue of contention since its inception during the Civil Rights struggles of mid 20th century America. Discrimination could no longer be tolerated and the Unites States government had an obligation to encourage equality at all levels of the social infrastructure. The main type of discrimination being addressed by Affirmative Action programs was racial discrimination. The Merriam Webster dictionary defines racism as: ‘a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race.’ The Civil Rights Act of 1964, which prohibited discrimination of any kind, laid the foundation for the introduction of Affirmative Action

A major controversy encompassing the country is the issue of affirmative action. Many believe that the abolition, or at least restructure, of affirmative action in the United States will benefit the nation for many logical reasons. Originally, affirmative action began as an attempt to eliminate discrimination and provide a source of opportunity; affirmative action did not begin as an attempt to support just minorities and women. In addition, affirmative action naturally creates resentment when the less qualified are preferred instead of the people actually deserve the admission or job. Another reason that has existed since the abolition of slavery is the myth that women and ?minorities? cannot compete

The idea of Affirmative action was first brought up by JFK to ensure equality in employment for all people regardless of their race, creed, color, or national origin. However, Many institutions such as college took advantage of “equality” as an excuse to admit students based on their race rather than their merits. AB 1726, also known as the Accounting for Health and Education in API Demographics (AHEAD) Act, was first proposed by California Assemblyman Rob Bonta (California Legislative Information). It is a data disaggregation bill that intends to help better address the disparity in public health and education among API(Asian Pacific Islander)group by adding additional major Asian groups, including Bangladeshi, Hmong, Indonesian,