Affirmative Action

-Steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded.

-Prohibits racial discrimination (other groups) -Eliminating racial discrimination could mean paying attention to race in hiring and promotion

-1969 - Philadelphia Plan - set numerical goals for black and other minority employees on federally financed construction jobs. -Expanded to include all businesses with 50 or more employees and federal contracts of at least $50,000

-Racial discrimination still persists -Unjust enrichment and unjust disfranchisement -Enforcement has not been actively monitored -Affirmative Action also benefits white women -Diversity has benefits for everyone (we are a multicultural society)

-Times have changed - Discrimination is less prevalent- violates ideals of color-blind public policies -Socially and politically divisive -AA has not made things better -Benefits racial minorities from upper middle classes -Fighting racial discrimination with discrimination / ignoring cause -Erode academic standards -Affirmative Action beneficiaries face skepticism from others -Benefits racial minorities from upper middle classes -Fighting racial discrimination with discrimination -Erode academic standards -Affirmative Action beneficiaries face skepticism from others

-Court Decision: -Use of tests are acceptable if it assesses job performances -Unacceptable if it assesses the person in the abstract -Anti-discrimination safeguards were supported

-Supreme Court decision: Rules out racial quotas but allows race to be consider with other factors -Allan Bakke, which medical school applicant (rejected 2 years in a row) - 16 / 100 for racial minorities -Racial minorities were admitted with lower scores

-1996 - California: Proposition 209 - Prohibits racial and ethnic preferences -Texas prohibits consideration of race in college admissions -1998 - Washington State - Prohibits use of race and ethnicity -Texas: Top 10% of high school graduates - guaranteed admissions to universities -Florida: Top 20%

-Supreme Court decision: Rejects University of Michigan undergraduate admission system for awarding extra points to minority applicants -150 point scale to rank applicants / 100 minimum score -Racial minority - 20 points (in comparison perfect SAT - 14 points) -Jennifer Gratz rejected - 14th Amendment / Civil Rights Act Title VI (prohibits discrimination in programs receiving federal funding)

-Supreme Court decision: Upholds University of Michigan law school admission policy, which includes race as one factor among many. -When universities have a compelling need to promote diversity -Barbara Grutter denied admission to UM Law School -Argued UM gave preference to racial minorities with similar credentials -Compelling need for diversity (e.g., isolation / classroom environment that benefits everyone)

-A group of African-American Buffalo firefighters claimed that because only a handful of minorities had passed the tests, blacks did not have an equal shot at promotions as whites did in the department. -In order to qualify for a promotion, a firefighter needs to take a promotional eligibility exam, which tests the skills they would need to serve as a lieutenant, captain, or other higher-ranking position in the department. The Buffalo case alleged that white firefighters had scored high enough on their exams, but were then denied promotions because the city wanted to give minorities, who hadn't scored as well, the chance to fill those positions. -By Elizabeth Chuck, NBC News

-The case involves the legality of affirmative action, an option that encourages employers and admission committees to increase the representation of minority groups in companies and schools. -Plaintiff Abigail Fisher filed her lawsuit against UT Austin in 2008 because she believed the university did not admit her because she is white. Because Fisher did not fall under the top 10 percent of her graduating class, admission factors were based on leadership roles, extracurricular activities, volunteering, SAT scores and, according to Fisher, race.