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Affirmative Action

Affirmative Action. Chapter 6, Theme B. Reaction to reading and questions:. Using the knowledge from last night’s assignment, assess whether or not affirmative action is still needed today with these questions:

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Affirmative Action

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  1. Affirmative Action Chapter 6, Theme B

  2. Reaction to reading and questions: • Using the knowledge from last night’s assignment, assess whether or not affirmative action is still needed today with these questions: • Explain how the Supreme Court in your opinion arrived at two different decisions in the Gratz and Grutter cases. • Should affirmative action continue? Why or why not? • Can preferences ever be justified under the 14th Amendment’s equal protection clause? Explain your answer.

  3. Affirmative Action Solution • Define it! • What are the two views of the practice? • Compensatory action (helping minorities catch up) vs. preferential treatment (giving minorities preference, applying quotas) • Which does the public support & why? • So, how do you achieve and measure equality? • Equality of Results versus Equality of Opportunity

  4. Equality of Results • What does this mean? • Racism & sexism can be overcome only by taking them into account in designing remedies • How does society achieve these results? • Affirmative action― preferential hiring practices― should be used in hiring • What are the goals? • Diversity or multiculturalism • Remedy to level the playing field for past discrimination

  5. Equality of Opportunity • What does this mean? • Reverse discrimination occurs when race or sex is used as a basis for preferential treatment. • How does society prevent this problem? • Laws should be color blind and sex neutral • What are the goals? • Government should only eliminate barriers • The most qualified and demanded applicants are hired.

  6. Court Battles • No clear direction in Court decisions. • Court is deeply divided & affected by ideology. Results are conflicting & confusing. • Bakke (1978): numerical minority quotas are not permissible, but race could be considered • Court upheld federal rule that set aside 10% of all federal construction contracts for minority-owned firms (1980) • In 1989, Court overturned Virginia law that set aside 30% of construction contracts for minority firms • In 1990, Court upheld federal rule that gave preference to minority-owned firms in awarding broadcast licenses

  7. Meaning of Standards for Quotas • Quota system subjected to strict scrutiny—must be compelling state interest to justify quotas: Adarand Constructors v. Pena (1995) • Must correct an actual pattern of discrimination • Must identify actual practices that discriminate • Voluntary preference systems may be easier to justify

  8. More Court Battles! • Recent examples: Discuss using CT packet Gratzv. Bollinger (2003)―overturned UMI admissions policy giving “bonus points” to racial minority applicants for undergraduate program Grutterv. Bollinger (2003) upheld UMI Law School admissions policy that used race as a “plus factor” but not as part of a numerical quota Fisher v. University of TX (2012)—Watch clip Schuette v. Coalition for Affirmative Action(2013)

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