do we still need affirmative action

8/3/2019 Do We Still Need Affirmative Action

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DO WE STILL NEED AFFIRMATIVE

ACTION?University of AkronFace2Face PresentationJanuary 31, 2012

Bruce Freeman, InstructorAssociate Studies, Summit College


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Judge OConnor on Affirmative Action 2003

"We expect that 25 years from now, the use of racialpreferences will no longer be necessary to further the

interest approved today (Sandra Day OConnor in

Grutter vs. Bollinger)


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Graduates of Howard University 1965


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President Johnson and Howard University Graduate

Johnson Lays Out His Affirmative Action Proposals-1965


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University of Wisconsin Students Protest PresenterSeptember 2011


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Roger Clegg-Center forEqual Opportunity

According to Roger Clegg, the social costs of Affirmative Action are policiesthat are divisive, stigmatizing, remove the incentive for academic

excellence, and promote a victim mindset


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Focus on Diversity

University of Akron Law School Selective Admission Standards

"In assembling each year's entering class, the Admissions Committee adopts a multifaceted recruitmentstrategy to ensure that the student body is not only academically talented but also representative of a diverseset of racial, ethnic, social, economic, geographic, and educational backgrounds. (emphasis added)

The personal statement Recommendation letters

The nature and difficulty of the course of undergraduate study The overall academic rigor of the undergraduate institution The undergraduate academic record, including ascending or descending trends in grades and graduate

work or degrees Extracurricular activities while in undergraduate or graduate school The LSAT writing sample Work experience Community activities and community service

Personal obstacles that may have hindered realization of the applicant's full potential Racial and ethnic diversity Age Economic disadvantage Geographic diversity Other distinctive traits or characteristics that will yield a broad, diverse, and differentiated student

body


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Undergraduate Student Body Characteristics

University of Akron Student Undergraduate Ethnic DiversityMain Campus

July1, 2010-June 30, 2011 # %

Non Resident Alien 443 1.7 Hispanic/Latino 400 1.5 American Indian or Alaska Native 64 0.2 Asian 494 2.0

Black or African American 4290 16.5 Native Hawaiian/OPA 34 0.1

White 19115 73.6 Two or more races 259 1.0 Race/Ethnicity Unknown 879 3.4 Total 25978 100.0

Source: University of Akron Enrollment Data


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UA Main UG Enrollment 2010-2011

Ethnic Share

NR Alien

Hispanic/LatinoAmInd/AlN

Asian

Black/AA

NHaw/OPI

White

2 or more

Unknown


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Affirmative Action Programs

Begun or supported by government agencies, voluntarilyset up by private organizations (private educationalentities, unions, etc.)

When considering for admission or hiring, look at personalfactors such as race, but person must be qualified

Designed to make up for past unfair treatment

Temporary, not permanent solutions

Questions of equal protection (Fourteenth Amendment)vs. affirmative action arose


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Private Businesses & Affirmative Action

Affirmative action refers to efforts made to increase employment andeducational opportunitieswhen previous actions historically havecaused an under-representation of qualified Women, Blacks, AsiansHispanics, etc.

Private employers (50+) who are notreceiving Federal dollars are notrequired to employ an affirmative action plan. An employer mayvoluntarily set quotas or affirmative action goals.(443 U.S. 193[1979]: United Steelworkers of America v. Weber)

Private employers are subject to Title VII of the 1964 Civil Rights Act.That law requires there be no discriminationdue to race, sex, religion,or national origin. The law protects all applicants and all employees,no matter what race, sex, or national origin they may be.


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Some Legal Affirmative Action Milestones

Regents of the University of California vs. Bakke-1978

United Steelworkers v Weber-1979

Fullilove v. Klutznick-1980

Wygant v. Board of Education-1986

Johnson v. Transportation Agency-1987

United States v. Paradise-1987

Adarand Constructors v. Pena-1995

Ricci v. DiStefanoi-2003www.enotes.com


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U.S Urges Creativity to Gain Diversity

December 2011 release

Departure from 2008 Federal document warning againstconsidering race in admission

Wiggle room: Use proxies for race in admissions Socioeconomic profiles

Residential instability

Hardships overcome

Can consider race to further the compelling interest of achieving

diversity Public schools:

Shape policies on locating schools

Drawing attendance boundaries

Governing student transfers


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Diverse learning environments

promote development of analyticalskills, dismantle stereotypes and

prepare students to succeed in anincreasingly interconnected world.

(AG Eric H. Holder statementsupporting release of new

guidelines)


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3 Ongoing Lawsuits

Fifth Circuit (Texas case) upheld use of race as factor atUT-Austin

Ninth Circuit (California case) Appeal in February 2012 ondistrict court dismissing challenge to Proposition 209 1996law outlawing race-conscious admissions

6th Circuit (Michigan case) in March hear arguments toreconsider Michigan constitutional ban on affirmativeaction


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Divergent Views


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Pluralistic Ignorance

People overestimate their peers support for affirmative

action, and underestimate their peers opposition to

affirmative action

Leaf Van Boven, Pluralistic Ignorance and Political Correctness: The Case of Affirmative Action,Political Psychology, Vol. 21, No. 2, 2000


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Pew Research Center Poll-2009

Findings:

Only 31% agreed we should make every effort to

improve the position of blacks and minorities, even if itmeans giving them preferential treatment

65% disagreed with above statement

This pattern has only fluctuated modestly in the 22 year

history of this particular poll (since 1987)

However,


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PewReseach Center Finding 2009


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PewResearch Center Finding 2009


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Pew Poll (continued)

Broad increasing support for Affirmative Action programsfor Blacks, women

70% supported; 25% opposed

1995-2007 sharp increase in whites favoring these programs (65%

up from 53%) Far lesssupport when programs are described as giving

preferences to minorities


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PewResearch Finding 1995-2007


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PewResearch Trends 2007


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Quinnipiac Poll-June, 2009

Tot Rep Dem Ind Men Wom Wht Blk His

Continued 36% 18% 57% 30% 31% 39% 27% 78% 45% Abolished 55 73 33 63 62 50 64 14 46

DK/NA 9 9 10 8 7 11 10 8 9

Question: Do you think affirmative action programs that give preferencesto blacks and other minorities in hiring, promotions and collegeadmissions should be continued, or do you think these affirmative actionprograms should be abolished


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USA Today/Gallup Poll August 4-7, 2011

"How much of a role, if any, do you think thegovernment should have in trying to improve thesocial and economic position of blacks and other

minority groups in this country: a major role, aminor role, or no role at all?"

Major role Minor role No role Unsure% % % %

8/4-7/11 27 46 26 1Blacks 59 32 8 1

Whites 19 50 30 1

6/6-25/05 37 44 17 2

6/9-30/04 40 45 14 1


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Mend It, Dont End It

My fellow Americans, affirmative actionhas to be made consistent with the highestideals of personal responsibility and merit,and our urgent need to find commonground, in order to prepare all Americans tocompete in the global economy of the next

century. Speech at the National Archives,July, 1995


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William M. Chase - Affirmative Inaction: The Politics of AffirmativeAction-January 2010

to correct the effects of past and present discrimination Were now between President Johnsons vision and Justice

OConnors expectation Blacks and Hispanics still need preferential treatment, or face

dropping acceptance rates

Increasing reliance on other personal attributes in admissions Courts acknowledge race can be taken into account 35% of public 4 year colleges considering minority status Weakening of meaning of affirmative action

Diversity .not restitution

Expense Cost of scholarships

100 years to each parity in test outcomesThomas Espenshade,Princeton

Bright light: Private colleges with religious underpinnings key-insulated from court litigation on affirmative action


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Justice John Marshall Harlan Calls Out in Dissent-1886

"My brethren say that when a man has emergedfrom slavery, and by the aid of beneficent legislation

has shaken off the inseparable concomitants of thatstate, there must be some stage in the progress ofhis elevation when he takes the rank of a merecitizen, and ceases to be the special favorite of thelaws, and when his rights as a citizen, or a man, are

to be protected in the ordinary modes by which

other men's rights are protected

Quote from Corrine Anderson, A Current Perspective: The Erosion of Affirmative Action in

University Admissions, Akron Law Review, Vol . 32:1, 1999


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The American public seems to have gotten to the point

where it believes the statute of limitations has run out onthe wrongs that led to affirmative action, and it wantsthese programs ended. Peter Brown, Institute Assistant

Director, Quinnipiac University Polling Institute


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Do We Still Need Affirmative Action?

Some Affirmative Action options for discussion:

Yes, we have not yet lifted up the disadvantaged tocompete on an equal footing for educational or job

opportunities Yes but we should focus on affirmative action programs to

primarily enhance job and educational success ratherthan racial preferences

No, its time to move beyond affirmative action andremove all consideration of race, gender, ethnicbackground in matters employment or education

No, but we should continue to strive for encouragingdiversity in all schools and the workplace


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